Ill. Pattern Jury Instr. (Criminal) 17.36

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

Location

To susta

in the charge of [(manufacture of) (distribution of) (advertisement of)

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

substance while:

[1] in a school, the State must prove the following propositions:

[or]

[2] on the rea

l property comprising a school, the State must prove the following

propositions:

[or]

[3] on a public

way within 1000 feet of the real property comprising a school, the State

must prove the following propositions:

[or]

[4] on any conve

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

to and from [(school) (a school -related activity)], the State must prove the following

propositions:

[or]

[5] in resi

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

State must prove the following propositions:

[or]

[6] on the re

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

a public housing agency, the State must prove the following propositions:

[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, the State must prove the following

propositions:

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[or]

[8] in a public

park, the State must prove the following propositions:

[or]

[9] on the rea

l property comprising a public park, the State must prove the following

propositions:

[or]

[10] on a publi

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

State must prove the following propositions:

[or]

[11] on the r

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

place used primarily for religious worship, the State must prove the following propositions:

[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, the State

must prove the following propositions:

First Proposition: That the defendant knowingly [(manufactured) (distributed)

(advertised) (possessed with intent to manufacture) (possessed with intent to distribute)] a

look-alike substance; and

Second Proposition: That the [(manufacture) (distribution) (advertisement) (possession

with intent to manufacture) (possession with intent to distribute)] took place 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)]].

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[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]

[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.

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

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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(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 Decemb er 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 17.35.

Use the b

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

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

potential issue.

The brac

keted numbers [1] through [12] under the opening paragraph and the Second

Proposition correspond to the alternatives of the same number in Instruction 17.35, the

definitional instruction for this offense. Select the corresponding alternatives under the opening

paragraph and the Second Proposition that correspond to the alternative selected from the

definitional instruction.

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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