Awareness Inferred

Statutes provide that the crime of distributing a controlled substance in a protected location includes the mental state of “knowingly.” Knowingly means with awareness. Identifiable structures of a high school were visible across the street from appellant’s porch, which supported an inference that appellant was aware of how close the high school was, so a reasonable juror could infer that the high school was within 2,000 feet of where appellant was distributing methamphetamine. 

STATE OF MISSOURI, Plaintiff-Respondent v. REGINA J. HILLEMAN, Defendant-Appellant
Missouri Court of Appeals, Southern District – SD36755

If you would like to speak to an attorney call us at 816-524-4949 or visit our website to schedule a consultation.

This entry was posted in General. Bookmark the permalink.

Leave a Reply