Ill. Pattern Jury Instr. (Criminal) 17.64

School Grounds

To susta

in the charge of [(manufacture of) (delivery of) (possession with the intent to

manufacture) (possession with the intent to deliver)] cannabis

[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 conv

eyance [(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] on a public w

ay within 1000 feet of any conveyance [(owned) (leased) (contracted)]

by a school to transport students to and from [(school) (a school related activity)], the

State must prove the following propositions:

First Proposition: That the defendant knowingly [(m anufactured) (delivered) (possessed

with the intent to manufacture) (possessed with the intent to deliver)] a substance containing

cannabis; and

Second Proposition: That the [(manufacture) (delivery) (possession with the intent to

manufacture) (possession with the intent to deliver)] took place while

[1] in a school; and

[or]

[2] on the r

eal property comprising a school; and

[or]

[3] on a public

way within 1000 feet of the real property comprising a school; and

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[or]

[4] on any conv

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

to and from [(school) (a school related activity)]; and

[or]

[5] on a public w

ay within 1000 feet of any conveyance [(owned) (leased) (contracted)]

by a school to transport students to and from [(school) (a school related activity)]; and

Third Proposition: That the weight of the substance containing the cannabis was [(more

than ____ grams) (more than ____ grams but not more 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, then you should find the defendant not guilty.

Committ

ee Note

720 ILCS

550/5.2 (West, 1992) (formerly Ill.Rev.Stat. ch. 561/2, §705.2 (1991)), added

by P.A. 87-544, effective September 17, 1991.

Give In

struction 17.63 and see the Committee Note to that instruction.

The brac

keted numbers [1] through [5] under the opening paragraph and the Second

Proposition correspond to the alternatives of the same number in Instruction 17.63, 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.

See Com

mittee Note to Instruction 17.01, concerning verdict forms and for directions on

how the jury should be instructed when the weight of the substance containing cannabis is an

issue.

When appli

cable, insert in the blanks the appropriate weight.

Use applicab

le 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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