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ICJI 407

Controlled Substance – Children Present

activein force · 2024-01-01 – presentas-observed

ICJI 407 CONTROLLED SUBSTANCE-CHILDREN PRESENT

In order for the defendant to be guilty of manufacture or delivery of controlled substance where children are present, the state must prove:

1. On or about [date]

2. in the state of Idaho

3. the defendant [name] [manufactured] [delivered] [or] [possessed with the intent to [manufacture] [deliver]] any amount of [name of substance],

4. the defendant either knew it was [name of substance] or believed it was a controlled substance, and

5. the [delivery] [manufacturing] [possession with intent to [manufacture] [deliver]] occurred upon premises where a child under the age of eighteen years was present.

"Premises" means a [motor vehicle] [vessel] [apartment] [townhouse] [condominium] [mobile home] [manufactured home] [motel room] [hotel room] [dwelling unit] [rental unit] [dwelling house, and its curtilage and any outbuildings].

If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.

Comment

I.C. � 37-2737A.

Provenance

Source
isc.idaho.gov
Retrieved
2026-08-21
Edition
2026-08-20
Content hash
75edb3ad61f04922d8aad175da10908ff6a08d7daad50e665d0b95ecc3cda2c0
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