Ill. Pattern Jury Instr. (Criminal) 17.05A

[1] The wor

d “deliver” means to transfer possession or to attempt to transfer possession.

[2] The word “deliver” includes a constructive transfer of possession which occurs

without an actual physical transfer. When the conduct or declarations of the person who has the

right to exercise control over a thing is such as to effectively relinquish the right of control to

another person, so that the other person is then in constructive possession, there has been a

delivery.

[3] A delivery may occur with or without the transfer or exchange of money, or with or

without the transfer or exchange of other consideration.

Committ

ee Note

720 ILCS

550/3(d) and 570/102(h) (West, 1999).

Genera

lly, when the offense involves a delivery (720 ILCS 550/5, 550/5.1, 550/7, and

550/9; 720 ILCS 570/401, 570/405, 570/407, and 570/407.1) and the evidence indicates that the

delivery in question was an actual physical transfer of possession, no definition of the term need

be given to the jury. The term, in this sense, is commonly understood by laymen. People v.

Monroe, 32 Ill.App.3d 482, 335 N.E.2d 783 (3d Dist.1975).

Give Pa

ragraph [1] when there is some evidence that the delivery in question consisted of

an attempt to transfer possession.

Give Par

agraphs [1] and [2] when there is some evidence that the delivery in question

involved a constructive transfer of possession.

Parag

raph [3] may be given when the Court believes it would help the jury understand

the issues.

It may

be necessary, in situations in which the possession of the defendant or the person

who received delivery is either constructive or joint, to give appropriate paragraphs contained in

Instructions 4.15 and 4.16 relating to possession.

The brack

eted numbers are present s olely for the guidance of court and counsel and

should not be included in the instruction submitted to the jury.

For an e

xample of the use of this instruction, see Sample Set 27.07.

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