The Committee on Model Criminal Jury Instructions has adopted the following new model criminal jury instruction, M Crim JI 8.2 [Aiding and Abetting Felony Firearm) as a distinct jury instruction from M Crim JI 8.1 [Aiding and Abetting]. This new instruction is effective Oct. 1, 2022.
[NEW] M Crim JI 8.2
Aiding and Abetting Felony Firearm
(1) In this case, the defendant is charged with committing the offense of possessing a firearm during the commission or attempted commission of a felony or intentionally assisting someone else in committing that offense.
(2) Anyone who intentionally assists someone else in committing a crime is as guilty as the person who directly commits it and can be convicted of that crime as an aider and abettor.
(3) To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(a) First, that the crime of possessing a firearm during the commission of a felony or attempted commission of a felony was actually committed, either by the defendant or someone else. It does not matter whether anyone else has been convicted of the crime.
(b) Second, that before or while the crime of possessing a firearm when committing or attempting to commit a felony was being committed, the defendant did something to assist in carrying, using, or possessing the firearm. It is not enough to find that the defendant did something to assist in the commission of the underlying felony. By words, acts, or deeds, the defendant must have procured, counseled, aided, or abetted another person to carry, use, or possess a firearm during the commission or attempted commission of a felony.
(c) Third, at that time the defendant must have intended that a firearm be carried, used, or possessed by another during the commission or attempted commission of a felony.
The Committee on Model Criminal Jury Instructions has adopted the following amended model criminal jury instructions, M Crim JI .6a, 13.6b, 13.6c and 13.6d [Fleeing and Eluding]. These new instructions are effective Oct. 1, 2022.
[AMENDED] M Crim JI 13.6a
Fleeing and Eluding in the First Degree
(1) The defendant is charged with the crime of fleeing and eluding in the first degree. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that a [police/conservation] officer was in uniform and was performing [his/her] lawful duties [and that any vehicle driven by the officer was identified as a law enforcement vehicle].
(3) Second, that the defendant was driving a motor vehicle.
(4) Third, that the officer ordered that the defendant stop [his/her] vehicle.
(5) Fourth, that the defendant knew of the order.
(6) Fifth, that the defendant refused to obey the order by trying to flee or avoid being caught.
(7) Sixth, that the violation resulted in the death of another individual.
[AMENDED] M Crim JI 13.6b
Fleeing and Eluding in the Second Degree
(1) The defendant is charged with the crime of fleeing and eluding in the second degree. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that a [police/conservation] officer was in uniform and was performing [his/her] lawful duties [and that any vehicle driven by the officer was identified as a law enforcement vehicle].
(3) Second, that the defendant was driving a motor vehicle.
(4) Third, that the officer ordered that the defendant stop [his/her] vehicle.
(5) Fourth, that the defendant knew of the order.
(6) Fifth, that the defendant refused to obey the order by trying to flee or avoid being caught. (7) [(7) Sixth, that the violation resulted in serious impairment of a body function* to an individual.]1
Use Note
*The statute, MCL 750.479a(9), incorporates the statutory definition of “serious impairment of a body function” found at MCL 257.58c: “Serious impairment of a body function” includes, but is not limited to, one or more of the following:
(a) Loss of a limb or loss of use of a limb.
(b) Loss of a foot, hand, finger, or thumb or loss of use of a foot, hand, finger, or thumb.
(c) Loss of an eye or ear or loss of use of an eye or ear.
(d) Loss or substantial impairment of a bodily function.
(e) Serious visible disfigurement.
(f) A comatose state that lasts for more than 3 days.
(g) Measurable brain or mental impairment.
(h) A skull fracture or other serious bone fracture.
(i) Subdural hemorrhage or subdural hematoma.
(j) Loss of an organ.
1. Read this element where the aggravating basis for the second-degree charge is serious impairment of a body function and not a prior conviction. Where the basis for an aggravated charge elevating a charge of fourth-degree fleeing and eluding to second-degree fleeing and eluding is a prior offense, the Committee on Model Criminal Jury Instructions believes that a determination whether a defendant had been convicted of a prior offense is a matter of law determined by the court. See Apprendi v New Jersey, 530 US 466, 490 (2000).
[AMENDED] M Crim JI 13.6c
Fleeing and Eluding in the Third Degree
(1) The defendant is charged with the crime of fleeing and eluding in the third degree. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that a [police/conservation] officer was in uniform and was performing [his/her] lawful duties [and that any vehicle driven by the officer was identified as a law enforcement vehicle]. (3) Second, that the defendant was driving a motor vehicle.
(4) Third, that the officer ordered that the defendant stop [his/her] vehicle.
(5) Fourth, that the defendant knew of the order.
(6) Fifth, that the defendant refused to obey the order by trying to flee or avoid being caught.
(7) [Choose one or both of the following alternatives where applicable:]1
(8) Sixth, that the violation resulted in a collision or accident.
(9) [(7)/(8)] [Sixth/Seventh], some portion of the violation took place in an area where the speed limit was 35 miles per hour or less [whether as posted or as a matter of law].
Use Note
1. Read this element where the aggravating basis for the third-degree charge is a collision or accident or took place in a speed limit area and not a prior conviction. Where the basis for an aggravated charge elevating a charge of fourth-degree fleeing and eluding to third-degree fleeing and eluding is a prior offense, the Committee on Model Criminal Jury Instructions believes that a determination whether a defendant had been convicted of a prior offense is a matter of law determined by the court. See Apprendi v New Jersey, 530 US 466, 490 (2000).
[AMENDED] M Crim JI 13.6d
Fleeing and Eluding in the Fourth Degree
(1) The defendant is charged with the crime of fleeing and eluding in the fourth degree. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that a [police/conservation] officer was in uniform and was performing [his/her] lawful duties [and that any vehicle driven by the officer was identified as a law enforcement vehicle].
(3) Second, that the defendant was driving a motor vehicle.
(4) Third, that the officer ordered that the defendant stop [his/her] vehicle.
(5) Fourth, that the defendant knew of the order.
(6) Fifth, that the defendant refused to obey the order by trying to flee or avoid being caught.