The Committee on Model Criminal Jury Instructions has adopted the following new jury instruction, M Crim JI 40.4 (Furnishing Alcohol to a Minor), for the crime found at MCL 436.1701. This new instruction is effective in December 2023.

[NEW] M Crim JI 40.4

Furnishing Alcohol to a Minor

(1) Defendant is charged with the crime of selling or furnishing alcohol to a minor. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant knowingly sold or furnished¹ alcohol to [name minor complainant].

(3) Second, that [name minor complainant] was under 21 years of age.

(4) Third, that when defendant sold or furnished the alcohol, the defendant knew that [name minor complainant] was under 21 years of age or failed to make diligent inquiry² to determine whether [name minor complainant] was under 21 years of age by inspecting [name minor complainant]’s pictured identification.

[Where the aggravating element has been charged under MCL 436.1701(2):]

(5) Fourth, that the consumption of the alcohol obtained by [name minor complainant] was a direct and substantial cause of [(name minor complainant)’s death/an accidental injury that caused (name minor complainant)’s death].

Use Notes

1. People v Neumann, 85 Mich 98, 102; 48 NW 290 (1891), provided a definition of furnishing: “letting a minor have liquor.”

2. Diligent inquiry is further defined in MCL 436.1701(11)(b).

The Committee on Model Criminal Jury Instructions has adopted the following new jury instruction, M Crim JI 37.1c (Using False Documents to Deceive Principal or Employer), for the crime found at MCL 750.125(3). This instruction addresses paragraph (3) of the bribery statute, MCL 750.125, and relates to bribery of or by an employee involving false receipts or documents intending to deceive the employer or principal. This new instruction is effective in December 2023.

[NEW] M Crim JI 37.1c

Using False Documents to Deceive Principal or Employer

(1) The defendant is charged with the crime of using a false document(s) to deceive a principal or employer. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that [(identify agent or employee)/the defendant] was the agent or employee of [name principal or employer].

(3) Second, that the defendant [Select (a) or (b):]¹

(a) [gave/used] a [receipt/account/invoice/(describe other document)] concerning the business of [name principal or employer] to [identify agent or employee].

(b) [used/approved/certified] [a receipt/an account/an invoice/a (describe other document)] concerning the business of [name principal or employer].

(4) Third, that the [receipt/account/invoice/(describe other document)] contained a statement that [was materially false, erroneous, or defective/failed to fully state any commission, money, property, or other valuable item² given to ([identify agent or employee]/the defendant) or agreed to be given to (him/her)].

(5) Fourth, that when the defendant [gave/used/approved/certified] the [receipt/account/invoice/(describe other document)], [he/she] intended to deceive [name principal or employer].

Use Notes

1. Use “(a)” where it is alleged that the defendant gave a document to the agent/employee of the principal in order to deceive or cheat the principal. Use “(b)” where the defendant is an agent/employee of the principal and was the person who is alleged to have approved or used a document to deceive or cheat the employer/principal.

2. The court may identify the specific money or property in lieu of reading this entire phrase.