ID · jury_instructions
ICJI 416
Distribution of a Simulated Controlled Substance
ICJI 416 DISTRIBUTION OF A SIMULATED CONTROLLED SUBSTANCE
In order for the defendant to be guilty of Distribution of a Simulated Controlled Substance, the state must prove each of the following:
1. On or about [date]
2. in the state of Idaho
3. the defendant [name] distributed a substance to another, and
4. [the defendant represented the substance to be a controlled substance] [the defendant intended that the other person believe the substance was a controlled substance].
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. � 37-2732(g). If the charge is delivery of a controlled substance by an inmate, see ICJI 604.
See ICJI 425 for the definition of a simulated controlled substance.
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 4 should be included.
Revised: April 21, 2023
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
ac568b817877b64201e2dafa526e6ba796540a5b508dab973e79d0e8b7248079
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