The Committee on Model Criminal Jury Instructions has adopted the following new model criminal jury instruction, M Crim JI 25.7 [Trespassing], for the crimes defined in MCL 750.552. The instruc­tion is effective July 1, 2022.

[NEW] M Crim JI 25.7

Trespassing

(1) The defendant is charged with trespassing. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that [name complainant] owned or legally occupied prop­erty located at [provide property address or location].

[Select from the following three options according to the charge and the evidence:]

(3) Second, that [name complainant or agent] told the defendant [he/she] could not come onto the property.

(4) Third, that the defendant entered on the property after being forbidden to do so.

[or]

(3) Second, that the defendant was on the property owned or oc­cupied by [name complainant].

(4) Third, that [name complainant or agent] told the defendant [he/she] had to leave the property.

(5) Fourth, that the defendant remained on the property after being directed to depart.

(6) Fifth, that the defendant had no legal authority to remain on the property.¹

[or]

(3) Second, that the property was farm property.

(4) Third, that the property was fenced or posted with signs that forbid entry on the property.

(5) Fourth, that the defendant entered on the property without hav­ing obtained permission from [name complainant or agent].

[Provide the following element only where the defendant offers the defense of being a process server serving process and provides evidence in support of that defense:]

(5/7/6) [Fourth/Sixth/Fifth], that the defendant was not a process server attempting to serve legal documents on an owner, occupant, or lessee of the property or on an agent of an owner, occupant, or lessee.

Use Note

1. Read this only where the defendant presents some evidence that he or she had a legal right to remain on the premises.