§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]



 



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.