ID · jury_instructions
ICJI 413
Creating a Counterfeit Substance
ICJI 413 CREATING A COUNTERFEIT CONTROLLED SUBSTANCE
In order for the defendant to be guilty of Creating a Counterfeit Substance, the state must prove each of the following:
1. On or about [date]
2. in the state of Idaho
3. the defendant [name] created a counterfeit substance
4. knowing the substance was counterfeit.
If any of the above has not been proved beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proved beyond a reasonable doubt, then you must find the defendant guilty.
Comment
I.C. � 37-2732(b). See ICJI 424 for the definition of counterfeit substance. If the defendant is charged with "second offense," IC � 37-2739, that issue should be presented in a bifurcated proceeding as provided in ICJI 1601.
The statute does not contain a mental element. The committee concluded, based upon State v. Lamphere, 130 Idaho 630, 945 P.2d 1 (1997), a mental element as set forth in element three should be included.
Revised: April 21, 2023
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
6ede6389ae29bf1e940e71f0b99cfd03a6d03ec89a97550e78e92afcd382d55e
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