Ill. Pattern Jury Instr. (Criminal) 17.49

A person c

ommits the offense of unlawful transfer of a telecommunications device to a

minor when he gives, sells, or otherwise transfers possession of a telecommunications device to a

person under 18 years of age with the intent that the device be used to commit the offense of

____.

Committ

ee Note

720 ILCS

5/44- 2 (West, 1999) (formerly Ill.Rev.Stat. ch. 38, §44- 2 (1991)), added by

P.A. 86-811, effective January 1, 1990.

Give I

nstructions 17.49A and 17.50.

The stat

ute refers to “any offense under this [the Criminal] Code, the Cannabis Control

Act or the Illinois Controlled Substances Act.” The Committee believes that whether the offense

or offenses in question is “under” any of these three Codes is a question of law for the court to

resolve. Accordingly, if the court has determined that offense or offenses in question is under

any of these three Codes, then the jury should simply be given this general instruction, referring

to “offense” without further qualification.

Insert

in the blank the offense na med in the information or indictment, and give the

instruction defining that offense.

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