Criminal Jury Instructions Home

8.1-3  Illegal Distribution of a Controlled Substance to a Minor -- § 21a-278a (a)

Revised to December 1, 2007

The defendant is charged [in count __] with the illegal distribution of a controlled substance to a minor.  The statute defining this offense imposes penalties on any person eighteen years of age or older who is not, at the time, a drug-dependent person,¹ and who (distributes / sells / offers / gives)² any controlled substance to another person who is under eighteen years of age and is at least two years younger than the defendant.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Distributed a controlled substance
The first element is that the defendant (distributed /  sold / offered / gave) a controlled substance, specifically <insert specific substance>,³ to another person.

Element 2 - Age of defendant
The second element is that the defendant was eighteen years of age or older at the time of the alleged offense.

Element 3 - Age of other person
The third element is that at the time of the alleged offense the person to whom the <insert specific substance> was (distributed /  sold / offered / given) was under eighteen years of age and at least two years younger than the defendant.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant (distributed / sold / offered / gave) <insert type of substance>, 2) the defendant was at least 18 years of age at the time, and 3) the person to whom the <insert type of substance> was (distributed / sold / offered / given) to was under the age of 18 and at least 2 years younger than the defendant.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of the distribution of a controlled substance, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
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¹ Non-drug-dependency is not an element of the crime.  See Affirmative Defense of Drug Dependency, Instruction 8.1-4.

² See Drug Transactions in the Introduction to this section.

³ See Defining the Controlled Substance in the Introduction to this section.