Ill. Pattern Jury Instr. (Criminal) 17.42A

Cannabis Offense

To susta

in the charge of Use of a Dangerous Place for the Commission of a [(Controlled

Substance) (Cannabis)] Offense, the State must prove the following propositions:

First Proposition : That the defendant knowingly exercised control over any place with

the intent to use that place to [(manufacture) (produce) (deliver) (possess with intent to deliver)]

a [(controlled substance) (counterfeit substance) (controlled substance analog) (cannabis)]; and

Second Proposition: That the place

by virtue of the presence of the [(substance) (substances)] [(used) (intended to be used)]

to manufacture [(a controlled substance) (a counterfeit substance) (a controlled substance analog)

(cannabis)] presents a substantial risk of injury to any person from [(fire) (explosion) (exposure

to toxic or noxious chemicals or gas)];

[or]

Second Proposition: That the place

[(used) (intended to be used)] to [(manufacture) (produce) (deliver) (possess with intent

to deliver)] [(a controlled substance) (a counterfeit substance) (a controlled substance analog)

(cannabis)] has located [(within) (surrounding)] it [(devices) (weapons) (chemicals) (explosives)]

[(designed) (hidden) (arranged)] in a manner that would cause a person to be exposed to a

substantial risk of great bodily harm.

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 propos itions

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

Committ

ee Note

Chapter

720 ILCS 5/12-2.6, added by P.A. 93-0516, effective January 1, 2004.

Give I

nstructions 17.41A, 17.43E, and 17.43F.

Use appl

icable paragraphs and bracketed material.

Give I

nstruction 17.33A, defining the term “counterfeit substance”, as appropriate.

The brac

kets are present solely for the guidance of court and counsel and should not be

included in the instruction submitted to the jury.

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