§712-1252 Knowledge of character, nature, or quantity of substance, or age of transferee; prima facie evidence. (1) The fact that a person engaged in the conduct specified by any section in this part is prima facie evidence that the person engaged in that conduct with knowledge of the character, nature, and quantity of the dangerous drug, harmful drug, detrimental drug, or intoxicating compounds possessed, distributed, or sold.
(2) The fact that the defendant distributed or sold a dangerous drug, harmful drug, detrimental drug, or intoxicating compound to a minor is prima facie evidence that the defendant knew the transferee to be a minor. [L 1972, c 9, pt of §1; am L 1984, c 122, §3; am L 1986, c 342, §5; am L 1987, c 283, §70; am L 1991, c 206, §2; am L 1992, c 207, §2; gen ch 1992]
Cross References
Prima facie evidence, see §701-117.
COMMENTARY ON §712-1252
Much of the difficulty in proving possession of a dangerous drug, harmful drug or detrimental drug when the substance is found in a motor vehicle is also present in proving mens rea with respect to (1) the character, nature, or quantity of the substance possessed, dispensed, or sold, and (2) the transferee's status as a minor. In cases involving offenses defined in this part, direct evidence, on these issues, such as self- incriminating statements, are rare. Section 712-1252 provides an evidentiary rule analogous to that found in §712-1216 (relating to obscenity offenses). It permits the prosecution to get its case before the trier of fact on issues where direct evidence is difficult to obtain, but it does not change the prosecution's burden of proof.
SUPPLEMENTAL COMMENTARY ON §712-1252
Act 122, Session Laws 1984, amended this section to include intoxicating liquor in regard to prima facie evidence of knowledge of character, nature, or quantity of substance, or age of transferee because of the creation of a new offense of promoting intoxicating liquor to a minor.
Act 207, Session Laws 1992, removed the repeal date of Act 342, Session Laws of Hawaii 1986, to permanently raise the minimum drinking age to twenty-one. Conference Committee Report No. 9.
Structure Hawaii Revised Statutes
712. Offenses Against Public Health and Morals
712-1200 Prostitution. §711-1200 Commentary:
712-1200.5 Commercial sexual exploitation.
712-1201 Advancing prostitution; profiting from prostitution; definition of terms.
712-1203 Promoting prostitution.
712-1204 REPEALED. § §712-1201 To 712-1204 Commentary:
712-1206 Loitering for the purpose of engaging in or advancing prostitution.
712-1207 Street prostitution and commercial sexual exploitation; designated areas.
712-1208 Promoting travel for prostitution.
712-1209 Commercial sexual exploitation near schools or public parks.
712-1209.1 Commercial sexual exploitation of a minor.
712-1209.5 Habitual commercial sexual exploitation.
712-1209.6 Prostitution; motion to vacate conviction.
712-1210 Definitions of terms in this part.
712-1211 Displaying indecent matter. §712-1211 Commentary:
712-1213 Displaying indecent material; prima facie evidence. §712-1213 Commentary:
712-1214 Promoting pornography. §712-1214 Commentary:
712-1215 Promoting pornography for minors. §712-1215 Commentary:
712-1215.5 Promoting minor-produced sexual images in the first degree.
712-1215.6 Promoting minor-produced sexual images in the second degree.
712-1216 Promoting pornography; prima facie evidence. §712-1216 Commentary:
712-1216.5 Importation, sale, or possession of a childlike sex doll.
712-1217 Open lewdness. §712-1217 Commentary:
712-1218 Failure to maintain age verification records of sexual performers.
712-1218.5 Failure to maintain age verification records of sexually exploited individuals.
712-1220 Definitions of terms in this part.
712-1221 Promoting gambling in the first degree.
712-1222 Promoting gambling in the second degree.
712-1223 Gambling. § §712-1221 To 712-1223 Commentary:
712-1224 Possession of gambling records in the first degree.
712-1225 Possession of gambling records in the second degree.
712-1226 Possession of a gambling device. § §712-1224 To 712-1226 Commentary:
712-1227 Possession of gambling records; defense.
712-1228 Gambling offenses; prima facie evidence.
712-1229 Lottery offenses; no defense.
712-1230 Forfeiture of property used in illegal gambling. §712-1230 Commentary:
712-1231 Social gambling; definition and specific conditions, affirmative defense.
712-1232 Savings promotion or prize-linked savings contest not gambling.
712-1240 Definitions of terms in this part.
712-1240.1 Defense to promoting.
712-1240.5 Manufacturing a controlled substance with a child present.
712-1240.7 Methamphetamine trafficking.
712-1240.9 Methamphetamine trafficking; restitution and reimbursement.
712-1241 Promoting a dangerous drug in the first degree.
712-1242 Promoting a dangerous drug in the second degree.
712-1243 Promoting a dangerous drug in the third degree.
712-1244 Promoting a harmful drug in the first degree.
712-1245 Promoting a harmful drug in the second degree.
712-1246 Promoting a harmful drug in the third degree.
712-1246.5 Promoting a harmful drug in the fourth degree.
712-1247 Promoting a detrimental drug in the first degree.
712-1248 Promoting a detrimental drug in the second degree.
712-1249 Promoting a detrimental drug in the third degree.
712-1249.4 Commercial promotion of marijuana in the first degree.
712-1249.5 Commercial promotion of marijuana in the second degree.
712-1249.7 Promoting a controlled substance through a minor.
712-1250 Promoting intoxicating compounds. § §712-1241 To 712-1250 Commentary:
712-1250.5 Promoting intoxicating liquor to a person under the age of twenty-one.
712-1251 Possession in a motor vehicle; prima facie evidence.
712-1253 Penalties under other laws.
712-1255 Conditional discharge.
712-1256 Expunging of court records.
712-1257 Prohibited cigarette sales of less than twenty.
712-1258 Tobacco products and electronic smoking devices; persons under twenty-one years of age.
712-1273 Suit to have precedence.
712-1274 Failure to prosecute.
712-1277 Owner not guilty of contempt; may pay costs.
712-1278 Fine, costs, lien on place.