SEQ CHAPTER \h \r 1CR40-151 05/05/06




The State has charged (Def)_______________ with [selling] [dispensing] cocaine, as follows:

[Read the charge.]

Every crime is made up of essential elements.  Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt.  In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) [sold] [dispensed] cocaine; and

(3) [he] [she] did so knowingly and unlawfully.

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ [sold] [dispensed] cocaine.

[To sell cocaine means to transfer it in exchange for something of value.  A sale may include trading, bartering or exchanging the cocaine for something else that has value.  It also may include an offer or an express or implied promise to trade, barter or exchange the cocaine for something of value.  It does not matter whether the transaction was done by someone acting on his or her own behalf, or whether it was done by someone acting as an agent or employee on behalf of someone else.]

[To dispense means to distribute, leave with, give away, dispose of, or deliver.]

The term cocaine means coca leaves except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains any quantity of cocaine.

Here the State alleges that (Def)_______________ [sold] [dispensed] cocaine, by (specific acts)_______________.

The last essential element is that (Def)_______________ [sold] [dispensed] the cocaine knowingly and unlawfully.  The word knowingly means that (Def)_______________ [sold] [dispensed] the cocaine voluntarily and consciously, and not inadvertently, because of mistake, or by accident.  The word unlawfully means that (Def)_______________ deliberately did something which the law forbids.  In determining whether (Def)_______________ [sold] [dispensed] cocaine knowingly and unlawfully, you should consider all of the surrounding facts and circumstances.

All of the elements of the offense must have been present at the same time.  If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty.  However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.