Ill. Pattern Jury Instr. (Criminal) 17.22

Factors Based Upon Age

To susta

in the charge of delivery of a [(controlled) (counterfeit) (look- alike)] substance

to a person under 18 years of age, the State must prove the following propositions:

First Proposition: That the defendant was 18 years of age or older on the date in

question; and

Second Proposition: That the defendant knowingly delivered [(a substance containing

____, a controlled substance) (a counterfeit substance) (a look-alike substance)]; and

Third Proposition: That the person to whom the substance was delivered by the

defendant was under 18 years of age on the date in question.

[or]

Third Pr

oposition: That the person to whom the substance was delivered by the

defendant was under 18 years of age on the date in question; and

Fourth Proposition: That the weight of the substance delivered was [(____ grams or

more) (____ grams or more but less than ____ grams)].

If you find from your consideration of all the evidence that each one of these propositions

has been proved beyond a reasonable doubt, you should find the defendant guilty.

If you find from your consideration of all the evidence that any one of these propositions

has not been proved beyond a reasonable doubt, you should find the defendant not guilty.

Committ

ee Note

720 ILCS

570/407(a) (West, 1999) (formerly Ill.Rev.Stat. ch. 561/2, §1407(a)).

Give I

nstruction 17.21.

The Fourt

h Proposition should not be given in a look- alike case because weight is not an

issue.

See Com

mittee Notes to Instructions 17.01, 17.19, and 17.18.

When appli

cable, insert in the appropriate blanks the name of the controlled substance or

the weight.

Use appl

icable bracketed material.

When acc

ountability is an issue, ordinarily insert the phrase “or one for whose conduct he

is legally responsible” after the word “defendant” in each proposition. See Instruction 5.03.

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