Ill. Pattern Jury Instr. (Criminal) 17.35

Manufacture Or Distribute A Look-Alike Substance--Enhancing Factors Based Upon

Location

A person

commits the offense of [(manufacturing) (distributing) (advertising)

(possession with intent to manufacture) (possession with intent to distribute)] a look- alike

substance when he knowingly [(manufactures) (distributes) (advertises) (possesses with intent to

manufacture) (possesses with intent to deliver)] a look-alike substance while

[1] in a school [regardless of [(the time of day) (the time of year) (whether classes were

currently in session at the time)]].

[or]

[2] on the rea

l property comprising a school [regardless of [(the time of day) (the time of

year) (whether classes were currently in session at the time)]].

[or]

[3] on a public w

ay within 1000 feet of the real property comprising a school [regardless

of [(the time of day) (the time of year) (whether classes were currently in session at the time)]].

[or]

[4] on any conve

yance [(owned) (leased) (contracted)] by a school to transport students

to and from [(school) (a school-related activity)].

[or]

[5] in resi

dential property owned, operated, and managed by a public housing agency.

[or]

[6] on the re

al property comprising residential property owned, operated, and managed by

a public housing agency.

[or]

[7] on a public w

ay within 1000 feet of the real property comprising residential property

owned, operated, and managed by a public housing agency.

[or]

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[8] in a public

park.

[or]

[9] on the r

eal property comprising a public park.

[or]

[10] on a publi

c way within 1000 feet of the real property comprising a public park.

[or]

[11] on the r

eal property comprising a church, synagogue, or other building, structure, or

place used primarily for religious worship.

[or]

[12] on a publi

c way within 1000 feet of the real property comprising a church,

synagogue, or other building, structure, or place used primarily for religious worship.

Committ

ee Note

720 ILCS

570/407(b) and 407(c) (West, 1992) (formerly Ill.Rev.Stat. ch. 561/2, §1407(b)

and (c) (1991)), added by P.A. 84- 1075, effective December 1, 1985; and amended by P.A.

85-616, effective January 1, 1988; P.A. 86-946, effective January 1, 1990; P.A. 87-524, effective

January 1, 1992; and P.A. 89- 451, effective January 1, 1997. This Section incorporates by

reference 720 ILCS 570/404(b) (West, 1992) (formerly Ill.Rev.Stat. ch. 561/2, §1404(b) (1991)).

Give I

nstruction 17.36.

Give I

nstruction 17.33B, defining the term “look-alike substance.”

Use the b

racketed material regarding the time o f day or time of year of the events in

question for alternatives [1] through [3] only when the time of day or time of year becomes a

potential issue.

The brac

keted numbers [1] through [12] correspond to the locations indicated in Section

407(b) as enhancing factors. Select the alternative that corresponds to the location in the charge.

When the pr

osecution must prove one of the enhancing factors based upon location as an

element of the offense, it need not prove that the defendant knew he was at such a location.

People v. Brooks, 271 Ill.App.3d 570, 573, 648 N.E.2d 626, 628, 207 Ill.Dec. 926, 928 (4th

Dist.1995).

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See Instructions 4.15 and 4.16, defining the word “possession.”

For a c

ase involving the relationship between the predicate offense and the enhanced

offense under Section 407(b), see People v. Lipscomb, 173 Ill.App.3d 416, 527 N.E.2d 704, 123

Ill.Dec. 241 (4th Dist.1988).

Use appl

icable bracketed material.

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