Model Criminal Jury Instructions

Page 0-i Michigan Model Criminal Jury Instructions

Michigan Supreme Court

We are pleased to provide an electronic copy of the criminal jury instructions presently in

use for criminal trials. On January 1, 2014, by Administrative Order 2013-13, the Michigan

Supreme Court created the Committee on Model Criminal Jury Instructions. The

committee is composed of attorneys and judges whose duty it is to ensure that the criminal

jury instructions accurately inform jurors about the legal process in which they will

participate and the law that they are to apply in an understandable, conversational, and

unbiased manner. The Committee has authority to amend or repeal existing instructions and

to adopt new instructions. Although the instructions do not have the force and effect of a

court rule, their use is required by MCR 2.512(D) unless the court determines that an

instruction does not accurately reflect the state of the law, or circumstances of the case

require a variance or additional instructions.

The members of the committee are:

Chair

Hon. Joyce A. Draganchuk

Members

Elizabeth Allen

Hon. Keith Edward Black

Hon. Michael C. Brown

Hon. Terry L. Clark

Lisa Coyle

Stephanie E. Farkas

Michael G. Frezza

Andrea Krause

Michael J. McCarthy

Michael L. Mittlestat

Reporter

Samuel R. Smith

Members (continued)

Karl Numinen

Tamara J. Phillips

Thomas Rombach

Jerome Sabbota

Hon. Ronald J. Schafer

Hon. Paul Stutesman

Imran J. Syed

Brenda Taylor

Michael A. Tesner

Hon. Margaret VanHouten

Chapter 0.

Page 0-ii Michigan Model Criminal Jury Instructions

Michigan Model Criminal Jury Instructions

Table of Contents

Updated: July 25, 2024

CHAPTER 1 Instructions Before Trial 1-1

M Crim JI 1.1 Preliminary Instructions to Prospective Jurors ............................................................................................ 1-2

M Crim JI 1.2 Selection of Fair and Impartial Jury.............................................................................................................. 1-3

M Crim JI 1.3 Challenges .................................................................................................................................................... 1-4

M Crim JI 1.4 Juror Oath before Voir Dire.......................................................................................................................... 1-5

M Crim JI 1.5 Introduction of Judge, Parties, Counsel, and Witnesses .............................................................................. 1-6

M Crim JI 1.6 Length of Trial .............................................................................................................................................. 1-7

M Crim JI 1.7 Health Questions.......................................................................................................................................... 1-8

M Crim JI 1.8 Reading of Information ................................................................................................................................ 1-9

M Crim JI 1.9 Presumption of Innocence, Burden of Proof, and Reasonable Doubt ....................................................... 1-10

CHAPTER 2 Procedural Instructions 2-1

M Crim JI 2.1 Juror Oath Following Selection .................................................................................................................... 2-2

M Crim JI 2.2 Written Copy of Instructions ........................................................................................................................ 2-3

M Crim JI 2.3 Legal Principles............................................................................................................................................. 2-4

M Crim JI 2.4 Elements of the Charge ................................................................................................................................ 2-5

M Crim JI 2.5 Presumption of Innocence, Burden of Proof, and Reasonable Doubt ......................................................... 2-6

M Crim JI 2.6 Trial Procedure ............................................................................................................................................. 2-7

M Crim JI 2.7 Function of Court and Jury ........................................................................................................................... 2-8

M Crim JI 2.8 Judging Credibility and Weight of Evidence ................................................................................................. 2-9

M Crim JI 2.9 Considering Only Evidence / What Evidence Is.......................................................................................... 2-10

M Crim JI 2.10 Questions Not Evidence ........................................................................................................................... 2-11

M Crim JI 2.11 Courts Questioning Not a Reflection of Opinion...................................................................................... 2-12

M Crim JI 2.12 Questions by Jurors Allowed.................................................................................................................... 2-13

M Crim JI 2.13 Notifying Court of Inability to Hear or See Witness or Evidence ............................................................. 2-14

M Crim JI 2.14 Objections ................................................................................................................................................ 2-15

M Crim JI 2.15 Disregard Out-of-Presence Hearings........................................................................................................ 2-16

M Crim JI 2.16 Jurors Not To Discuss Case ....................................................................................................................... 2-17

M Crim JI 2.17 Caution About Publicity in Cases of Public Interest When Recessing ...................................................... 2-18

M Crim JI 2.18 Sequestration of Jurors ............................................................................................................................ 2-19

Michigan Model Criminal Jury Instructions

M Crim JI 2.19 Jurors Not to Consider Information from Outside the Courtroom .......................................................... 2-20

M Crim JI 2.20 Notetaking Allowed.................................................................................................................................. 2-22

M Crim JI 2.21 Notetaking Not Allowed........................................................................................................................... 2-23

M Crim JI 2.22 Multiple Defendants Consider Evidence and Law As It Applies to Each Defendant ................................ 2-24

M Crim JI 2.23 Defendant Represents Himself or Herself................................................................................................ 2-25

M Crim JI 2.24 Second Trial .............................................................................................................................................. 2-26

M Crim JI 2.25 Number of Jurors...................................................................................................................................... 2-27

M Crim JI 2.26 Penalty...................................................................................................................................................... 2-28

M Crim JI 2.27 Instructions to Be Taken As a Whole........................................................................................................ 2-29

M Crim JI 2.28 Maintaining an Open Mind ...................................................................................................................... 2-30

CHAPTER 3 Composite Instructions 3-1

M Crim JI 3.1 Duties of Judge and Jury............................................................................................................................... 3-3

M Crim JI 3.2 Presumption of Innocence, Burden of Proof, and Reasonable Doubt ......................................................... 3-4

M Crim JI 3.3 Defendant Not Testifying ............................................................................................................................. 3-6

M Crim JI 3.4 Defendant-Impeachment by Prior Conviction ............................................................................................. 3-7

M Crim JI 3.5 Evidence ....................................................................................................................................................... 3-8

M Crim JI 3.5a Summary of Evidence............................................................................................................................... 3-10

M Crim JI 3.6 Witnesses-Credibility.................................................................................................................................. 3-11

M Crim JI 3.7 Multiple Defendants................................................................................................................................... 3-13

M Crim JI 3.8 Less Serious Crimes .................................................................................................................................... 3-14

M Crim JI 3.9 Specific Intent [DELETED] ........................................................................................................................... 3-15

M Crim JI 3.10 Time and Place (Venue)............................................................................................................................ 3-16

M Crim JI 3.10a Time and Place (Venue)-Criminal Sexual Conduct Cases ....................................................................... 3-17

M Crim JI 3.11 Deliberations and Verdict......................................................................................................................... 3-18

M Crim JI 3.11a Replacement Juror ................................................................................................................................. 3-20

M Crim JI 3.12 Deadlocked Jury ....................................................................................................................................... 3-21

M Crim JI 3.13 Penalty...................................................................................................................................................... 3-23

M Crim JI 3.14 Communications with the Court .............................................................................................................. 3-24

M Crim JI 3.15 Exhibits ..................................................................................................................................................... 3-25

M Crim JI 3.16 Written or Electronically Recorded Instructions in the Jury Room .......................................................... 3-26

M Crim JI 3.17 Single Defendant-Single Count................................................................................................................. 3-27

M Crim JI 3.18 Multiple Defendants-Single Count ........................................................................................................... 3-28

M Crim JI 3.19 Single Defendant-Multiple Counts-Single Wrongful Act .......................................................................... 3-29

Michigan Model Criminal Jury Instructions

M Crim JI 3.20 Single Defendant-Multiple Counts-More Than One Wrongful Act .......................................................... 3-30

M Crim JI 3.21 Multiple Defendants-Multiple Counts-Single Wrongful Act .................................................................... 3-31

M Crim JI 3.22 Multiple Defendants-Multiple Counts-More Than One Wrongful Act..................................................... 3-32

M Crim JI 3.23 Verdict Form............................................................................................................................................. 3-33

M Crim JI 3.24 Verdict Form............................................................................................................................................. 3-34

M Crim JI 3.25 Verdict Form............................................................................................................................................. 3-35

M Crim JI 3.26 Verdict Form............................................................................................................................................. 3-36

M Crim JI 3.27 Verdict Form............................................................................................................................................. 3-37

M Crim JI 3.28 Verdict Form (Multiple Counts)................................................................................................................ 3-38

M Crim JI 3.29 Verdict Form (Insanity Defense)............................................................................................................... 3-39

M Crim JI 3.30 Verdict Form (Lesser Offenses) ................................................................................................................ 3-40

M Crim JI 3.31 Verdict Form (Insanity Defense with Lesser Offenses) ............................................................................ 3-42

M Crim JI 3.32 Verdict Form (Single Count) ..................................................................................................................... 3-43

M Crim JI 3.33 Verdict Form for Open Murder ................................................................................................................ 3-45

CHAPTER 4 Evidence 4-1

M Crim JI 4.1 Defendant’s Statements As Evidence Against the Defendant ..................................................................... 4-2

M Crim JI 4.2 Confession Not Admissible Against Codefendant ........................................................................................ 4-3

M Crim JI 4.3 Circumstantial Evidence ............................................................................................................................... 4-4

M Crim JI 4.4 Flight, Concealment, Escape or Attempted Escape...................................................................................... 4-5

M Crim JI 4.5 Prior Inconsistent Statement Used to Impeach Witness ............................................................................. 4-6

M Crim JI 4.6 Judicial Notice .............................................................................................................................................. 4-7

M Crim JI 4.7 Stipulation .................................................................................................................................................... 4-8

M Crim JI 4.8 Jury View of Premises................................................................................................................................... 4-9

M Crim JI 4.9 Motive ........................................................................................................................................................ 4-10

M Crim JI 4.10 Preliminary Examination Transcript ......................................................................................................... 4-11

M Crim JI 4.11 Evidence of Other Offenses-Relevance Limited to Particular Issue ......................................................... 4-12

M Crim JI 4.11a Evidence of Other Acts of Domestic Violence ........................................................................................ 4-14

M Crim JI 4.12 Time-Optional Clarifying Instruction ........................................................................................................ 4-15

M Crim JI 4.13 Special Venue Instruction-Felony Consisting of More Than One Act....................................................... 4-16

M Crim JI 4.14 Tracking-Dog Evidence ............................................................................................................................. 4-17

M Crim JI 4.15 Fingerprint Evidence ................................................................................................................................ 4-18

M Crim JI 4.16 Intent........................................................................................................................................................ 4-19

M Crim JI 4.17 Drug Profile Evidence ............................................................................................................................... 4-20

Michigan Model Criminal Jury Instructions

CHAPTER 5 Witnesses 5-1

M Crim JI 5.1 Witnesses-Impeachment by Prior Conviction .............................................................................................. 5-2

M Crim JI 5.2 Weighing Conflicting Evidence-Number of Witnesses ................................................................................. 5-3

M Crim JI 5.3 Witness Who Has Been Interviewed by a Lawyer........................................................................................ 5-4

M Crim JI 5.4 Witness as Undisputed Accomplice ............................................................................................................. 5-5

M Crim JI 5.5 Witness a Disputed Accomplice ................................................................................................................... 5-6

M Crim JI 5.6 Cautionary Instruction Regarding Accomplice Testimony ........................................................................... 5-7

M Crim JI 5.7 Addict-Informer............................................................................................................................................ 5-8

M Crim JI 5.8 Character Evidence Regarding Credibility of Witness ................................................................................ 5-10

M Crim JI 5.8a Character Evidence Regarding Conduct of the Defendant....................................................................... 5-11

M Crim JI 5.8b Evidence of Other Acts of Child Sexual Abuse [renumbered M Crim JI 20.28a in May 2008] ................. 5-12

M Crim JI 5.8c Evidence of Other Acts of Domestic Violence [amended and renumbered M Crim JI 4.11a in

February 2010]................................................................................................................................................................. 5-13

M Crim JI 5.9 Child Witness.............................................................................................................................................. 5-14

M Crim JI 5.10 Expert Witness ......................................................................................................................................... 5-15

M Crim JI 5.10a Limiting Instruction on Behavioral Expert Testimony ............................................................................ 5-16

M Crim JI 5.11 Police Witness .......................................................................................................................................... 5-17

M Crim JI 5.12 Prosecutor’s Failure to Produce Witness ................................................................................................. 5-18

M Crim JI 5.13 Agreement for Testimony / Possible Penalty........................................................................................... 5-19

M Crim JI 5.14 Support Persons or Animals ..................................................................................................................... 5-20

M Crim JI 5.15 Interpreter................................................................................................................................................ 5-21

M Crim JI 5.16 Testimony Provided Through Videoconferencing Technology ................................................................ 5-22

CHAPTER 6 State of Mind 6-1

M Crim JI 6.1 General Intent-Intoxication Is Not a Defense............................................................................................... 6-2

M Crim JI 6.2 Intoxication As a Defense to a Specific Intent Crime ................................................................................... 6-3

M Crim JI 6.3 Diminished Capacity [DELETED] ................................................................................................................... 6-4

M Crim JI 6.4 Property Crimes: Mistake and Intent ........................................................................................................... 6-5

M Crim JI 6.5 Intent to Injure or Defraud........................................................................................................................... 6-6

M Crim JI 6.6 Restitution Is Not a Defense......................................................................................................................... 6-7

CHAPTER 7 Defenses 7-1

M Crim JI 7.1 Murder: Defense of Accident (Involuntary Act) ........................................................................................... 7-2

M Crim JI 7.2 Murder: Defense of Accident (Not Knowing Consequences of Act) ............................................................ 7-3

Michigan Model Criminal Jury Instructions

M Crim JI 7.3 Lesser Offenses: Involuntary Manslaughter; Intentional Aiming of Firearm; Careless Discharge of a

Firearm; Negligent Homicide ............................................................................................................................................. 7-4

M Crim JI 7.3a Accident as Defense to Specific Intent Crime............................................................................................. 7-5

M Crim JI 7.4 Lack of Presence (Alibi) ................................................................................................................................ 7-6

M Crim JI 7.5 Claim of Right ............................................................................................................................................... 7-7

M Crim JI 7.6 Duress........................................................................................................................................................... 7-8

M Crim JI 7.7 Special Factors in Escape Cases.................................................................................................................. 7-10

M Crim JI 7.8 Identification .............................................................................................................................................. 7-11

M Crim JI 7.9 The Meanings of Mental Illness, Intellectual Disability and Legal Insanity ................................................ 7-12

M Crim JI 7.10 Person Under the Influence of Alcohol or Controlled Substances ........................................................... 7-14

M Crim JI 7.11 Legal Insanity; Mental Illness; Intellectual Disability; Burden of Proof .................................................... 7-16

M Crim JI 7.12 Definition of Guilty but Mentally Ill.......................................................................................................... 7-18

M Crim JI 7.13 Insanity at the Time of the Crime............................................................................................................. 7-19

M Crim JI 7.14 Permanent or Temporary Insanity ........................................................................................................... 7-20

M Crim JI 7.15 Use of Deadly Force in Self-Defense ........................................................................................................ 7-21

M Crim JI 7.16 Conditions for Using Force or Deadly Force............................................................................................. 7-23

M Crim JI 7.16a Rebuttable Presumption Regarding Fear of Death, Great Bodily Harm, or Sexual Assault ................... 7-25

M Crim JI 7.17 Use of Deadly Force in Defense of the Home .......................................................................................... 7-27

M Crim JI 7.18 Deadly Aggressor-Withdrawal.................................................................................................................. 7-29

M Crim JI 7.19 Nondeadly Aggressor Assaulted with Deadly Force [combined with M Crim JI 7.16 in May 2023]......... 7-30

M Crim JI 7.20 Burden of Proof-Self-Defense .................................................................................................................. 7-31

M Crim JI 7.21 Defense of Others-Deadly Force .............................................................................................................. 7-32

M Crim JI 7.22 Use of Nondeadly Force in Self-Defense or Defense of Others ............................................................... 7-34

M Crim JI 7.23 Past Violence by Complainant or Decedent............................................................................................. 7-36

M Crim JI 7.24 Self-Defense Against Persons Acting in Concert ...................................................................................... 7-37

M Crim JI 7.25 Self-Defense as Defense to Felon in Possession of a Firearm .................................................................. 7-38

M Crim JI 7.25a Self-Defense as Defense to Brandishing a Firearm ................................................................................ 7-40

M Crim JI 7.26 Parental Kidnapping – Defense of Protecting Child; Burden of Proof...................................................... 7-42

CHAPTER 8 Aiding and Abetting and Accessory after the Fact 8-1

M Crim JI 8.1 Aiding and Abetting...................................................................................................................................... 8-2

M Crim JI 8.2 Aiding and Abetting Felony Firearm............................................................................................................. 8-4

M Crim JI 8.3 Separate Crime Within the Scope of Common Unlawful Enterprise............................................................ 8-5

M Crim JI 8.4 Inducement .................................................................................................................................................. 8-6

Michigan Model Criminal Jury Instructions

M Crim JI 8.5 Mere Presence Insufficient .......................................................................................................................... 8-7

M Crim JI 8.6 Accessory After the Fact............................................................................................................................... 8-8

M Crim JI 8.7 Difference Between Aider and Abettor and Accessory After the Fact......................................................... 8-9

CHAPTER 9 Attempt 9-1

M Crim JI 9.1 Attempt ........................................................................................................................................................ 9-2

M Crim JI 9.2 Attempt As Lesser Offense........................................................................................................................... 9-3

M Crim JI 9.3 Impossibility No Defense.............................................................................................................................. 9-4

M Crim JI 9.4 Abandonment As Defense to Attempt......................................................................................................... 9-5

CHAPTER 10 Conspiracy, Solicitation, and Organized Crime 10-1

M Crim JI 10.1 Conspiracy ................................................................................................................................................ 10-2

M Crim JI 10.2 Agreement................................................................................................................................................ 10-3

M Crim JI 10.3 Membership ............................................................................................................................................. 10-4

M Crim JI 10.4 Scope ........................................................................................................................................................ 10-5

M Crim JI 10.5 Case Must Be Considered as to Each Defendant...................................................................................... 10-6

M Crim JI 10.6 Solicitation to Commit a Felony ............................................................................................................... 10-7

M Crim JI 10.7 Renunciation as a Defense to Solicitation................................................................................................ 10-8

M Crim JI 10.8 Racketeering-Conducting an Enterprise................................................................................................. 10-10

M Crim JI 10.8a Acquiring Interest in Racketeering Enterprise Property....................................................................... 10-14

M Crim JI 10.8b Use of Proceeds from Racketeering..................................................................................................... 10-18

M Crim JI 10.9 Organized Retail Crime-Merchandise Theft ........................................................................................... 10-22

M Crim JI 10.9a Organized Retail Crime-Possession of Stolen Merchandise................................................................. 10-24

M Crim JI 10.9b Organized Retail Crime-Subterfuge...................................................................................................... 10-25

M Crim JI 10.9c Organized Retail Crime-Telecommunications Device........................................................................... 10-27

M Crim JI 10.9d Organized Retail Crime-Telecommunications Service Agreement ...................................................... 10-28

M Crim JI 10.10 Gang-Motivated Crimes ....................................................................................................................... 10-29

M Crim JI 10.10a Encouraging Gang-Motivated Crimes................................................................................................. 10-30

M Crim JI 10.10b Making Threats to Deter a Person from Assisting Another to Withdraw from Gang Membership... 10-31

M Crim JI 10.10c Threatening a Person to Retaliate for Withdrawing from Gang Membership ................................... 10-32

CHAPTER 11 Weapons 11-1

M Crim JI 11.1 Carrying Concealed Weapon-Pistol.......................................................................................................... 11-3

M Crim JI 11.1a Carrying a Pistol in a Vehicle .................................................................................................................. 11-4

Michigan Model Criminal Jury Instructions

M Crim JI 11.2 Carrying Concealed Weapon-Dangerous Weapon................................................................................... 11-5

M Crim JI 11.3 Definition of Pistol.................................................................................................................................... 11-7

M Crim JI 11.3a Definition of Pneumatic Gun.................................................................................................................. 11-8

M Crim JI 11.4 Definition of Dangerous Stabbing Weapon.............................................................................................. 11-9

M Crim JI 11.5 Definition of Dirk, Dagger, and Stiletto .................................................................................................. 11-10

M Crim JI 11.6 Defense-Firearm Inoperable [DELETED]................................................................................................. 11-11

M Crim JI 11.7 Defense-Defendant Unaware of Weapon.............................................................................................. 11-12

M Crim JI 11.8 Self-Defense Is Not a Defense to Carrying a Concealed Weapon .......................................................... 11-13

M Crim JI 11.9 Exemption-Hunting Knife ....................................................................................................................... 11-14

M Crim JI 11.10 Exemption-Pistol Carried by Licensee .................................................................................................. 11-15

M Crim JI 11.11 Exemption-Weapon Carried in Home, Place of Business, or on Land Possessed by Defendant.......... 11-16

M Crim JI 11.12 Exemption-Pistol Carried by Agent of Manufacturer........................................................................... 11-17

M Crim JI 11.13 Exemption-Antique Firearm................................................................................................................. 11-18

M Crim JI 11.14 Exemption-Licensed Pistol Carried for a Lawful Purpose..................................................................... 11-19

M Crim JI 11.15 Exemption-Pistol Carried En Route to Hunting or Target Shooting Area [DELETED] ........................... 11-20

M Crim JI 11.16 Exemption-Short-barreled Shotgun ..................................................................................................... 11-21

M Crim JI 11.17 Going Armed with Firearm or Dangerous Weapon with Unlawful Intent ........................................... 11-22

M Crim JI 11.18 Definition of Knife and Razor ............................................................................................................... 11-23

M Crim JI 11.19 Definition of Dangerous Weapon......................................................................................................... 11-24

M Crim JI 11.20 Careless, Reckless, or Negligent Use of Firearm with Injury or Death Resulting ................................. 11-25

M Crim JI 11.21 Definition of Negligence....................................................................................................................... 11-26

M Crim JI 11.22 Definition of Willfully and Wantonly.................................................................................................... 11-27

M Crim JI 11.23 Intentionally Pointing a Firearm Without Malice................................................................................. 11-28

M Crim JI 11.24 Discharge of Firearm While Intentionally Aimed Without Malice ....................................................... 11-29

M Crim JI 11.25 Discharge of Firearm Causing Injury While Intentionally Aimed Without Malice................................ 11-30

M Crim JI 11.25a Brandishing a Firearm ........................................................................................................................ 11-31

M Crim JI 11.26 Reckless or Wanton Use of a Firearm .................................................................................................. 11-32

M Crim JI 11.26a Discharge of Firearm at Occupied Building [DELETED]....................................................................... 11-33

M Crim JI 11.26b Discharge of Firearm in Occupied Structure [DELETED]..................................................................... 11-34

M Crim JI 11.27 Failure to Present Pistol for Safety Inspection ..................................................................................... 11-35

M Crim JI 11.28 Sale or Possession of a Pocket Knife Opened by a Mechanical Device ................................................ 11-36

M Crim JI 11.29 Manufacture, Sale, or Possession of Prohibited Weapons .................................................................. 11-37

M Crim JI 11.30 Manufacture, Sale, or Possession of Short-barreled Shotgun ............................................................. 11-39

M Crim JI 11.31 Definition of Manufacture.................................................................................................................... 11-40

Michigan Model Criminal Jury Instructions

M Crim JI 11.32 Definition of Sell ................................................................................................................................... 11-41

M Crim JI 11.33 Definition of Offer to Sell ..................................................................................................................... 11-42

M Crim JI 11.34 Possession of Firearm at Time of Commission or Attempted Commission of Felony (Felony

Firearm).......................................................................................................................................................................... 11-43

M Crim JI 11.34a Using Pneumatic Gun in Furtherance of Commission or Attempted Commission of Felony

(Felony Firearm)............................................................................................................................................................. 11-45

M Crim JI 11.34b Felony Firearm-Possession................................................................................................................. 11-47

M Crim JI 11.34c Felony Firearm-Self-Defense .............................................................................................................. 11-48

M Crim JI 11.35 Aiding and Abetting Felony Firearm: Direct Participation [DELETED].................................................. 11-49

M Crim JI 11.36 Aiding and Abetting Felony Firearm: Indirect Participation [DELETED] ............................................... 11-50

M Crim JI 11.37 Discharge of a Firearm from Motor Vehicle......................................................................................... 11-51

M Crim JI 11.37a Discharge of a Firearm at a Building................................................................................................... 11-53

M Crim JI 11.37b Discharge of a Firearm in a Building................................................................................................... 11-55

M Crim JI 11.37c Discharge of a Firearm at a Police or Emergency Vehicle .................................................................. 11-57

M Crim JI 11.38 Felon Possessing Firearm: Nonspecified Felony.................................................................................. 11-58

M Crim JI 11.38a Felon Possessing Firearm: Specified Felony ....................................................................................... 11-60

The following instructions have been renumbered and moved to new Chapter 39 entitled “Explosives and Harmful

Substances.”................................................................................................................................................................... 11-62

CHAPTER 12 Controlled Substances 12-1

M Crim JI 12.1 Unlawful Manufacture of a Controlled Substance ................................................................................... 12-2

M Crim JI 12.1a Owning, Possessing or Using Vehicles, Buildings, Structures or Areas Used for Manufacturing Controlled

Substances ....................................................................................................................................................................... 12-4

M Crim JI 12.1b Owning or Possessing Chemicals or Laboratory Equipment for Manufacturing Controlled Substances 12-6

M Crim JI 12.1c Providing Chemicals or Laboratory Equipment for Manufacturing Controlled Substances................... 12-8

M Crim JI 12.2 Unlawful Delivery of a Controlled Substance......................................................................................... 12-10

M Crim JI 12.2a Delivery of a Controlled Substance Causing Death .............................................................................. 12-12

M Crim JI 12.2b Unlawful Delivery of Controlled Substances or Gamma-butyrolactone to Commit Criminal Sexual

Conduct .......................................................................................................................................................................... 12-13

M Crim JI 12.3 Unlawful Possession of a Controlled Substance with Intent to Deliver ................................................. 12-14

M Crim JI 12.4 Defendant Is a Practitioner or an Agent................................................................................................. 12-15

M Crim JI 12.4a Exception to or Exemption from Controlled Substances Act ............................................................... 12-16

M Crim JI 12.5 Unlawful Possession of a Controlled Substance..................................................................................... 12-17

M Crim JI 12.6 Unlawful Use of a Controlled Substance................................................................................................ 12-19

M Crim JI 12.7 Meaning of Possession........................................................................................................................... 12-20

M Crim JI 12.8 Maintaining a Drug House...................................................................................................................... 12-21

Michigan Model Criminal Jury Instructions

M Crim JI 12.9 Medical Marijuana Affirmative Defense ................................................................................................ 12-22

M Crim JI 12.10 Illegal Sale or Disposition of Untaxed Cigarettes ................................................................................. 12-24

M Crim JI 12.10a Illegal Possession or Transportation of Untaxed Cigarettes............................................................... 12-25

M Crim JI 12.10b Making, Possessing, or Using an Unauthorized Michigan Department of Treasury Tobacco Tax

Stamp ............................................................................................................................................................................. 12-26

M Crim JI 12.10c Illegally Purchasing or Obtaining a Michigan Department of Treasury Tobacco Tax Stamp .............. 12-27

M Crim JI 12.10d Falsifying a Tobacco Manufacturer’s Label ........................................................................................ 12-28

M Crim JI 12.10e Making or Possessing a False License to Purchase or Sell Tobacco Products as a Retailer or

Wholesaler ..................................................................................................................................................................... 12-29

CHAPTER 13 Police and Prisons 13-1

M Crim JI 13.1 Assaulting, Resisting, or Obstructing a Police Officer or Person Performing Duties................................ 13-3

M Crim JI 13.2 Assaulting or Obstructing Officer or Official Performing Duties .............................................................. 13-5

M Crim JI 13.3 Interference with a Police Officer Serving Process [DELETED]................................................................. 13-7

M Crim JI 13.4 Assaulting a Police Officer [DELETED] ...................................................................................................... 13-8

M Crim JI 13.5 Legal Acts and Duties ............................................................................................................................... 13-9

M Crim JI 13.6a Fleeing and Eluding in the First Degree................................................................................................ 13-15

M Crim JI 13.6b Fleeing and Eluding in the Second Degree........................................................................................... 13-16

M Crim JI 13.6c Fleeing and Eluding in the Third Degree............................................................................................... 13-18

M Crim JI 13.6d Fleeing and Eluding in the Fourth Degree............................................................................................ 13-20

M Crim JI 13.7 Aiding the Escape of a Prisoner.............................................................................................................. 13-21

M Crim JI 13.8 Breaking, Escaping, or Attempting to Break or Escape from Prison ...................................................... 13-23

M Crim JI 13.9 Lawfulness of Confinement - Affirmative Defense................................................................................. 13-25

M Crim JI 13.10 Jail Escape - Defendant Sentenced to Jail ............................................................................................ 13-26

M Crim JI 13.11 Jail Escape - Pending Trial or Transfer to Prison................................................................................... 13-27

M Crim JI 13.12 Jail - Definition...................................................................................................................................... 13-29

M Crim JI 13.13 Escape from Day Parole ....................................................................................................................... 13-30

M Crim JI 13.14 Breaking Jail with Violence................................................................................................................... 13-31

M Crim JI 13.15 Assaulting Employee of Place of Confinement..................................................................................... 13-32

M Crim JI 13.16 Forfeiting a Bond .................................................................................................................................. 13-34

M Crim JI 13.17 Absconding on a Bond.......................................................................................................................... 13-35

M Crim JI 13.18 Disarming a Peace Officer or Corrections Officer ................................................................................ 13-36

M Crim JI 13.19 False Report of a Felony ....................................................................................................................... 13-37

M Crim JI 13.19a False Report of Medical or Other Emergency .................................................................................... 13-38

M Crim JI 13.19b Prohibited Use of Emergency 9-1-1 Service ....................................................................................... 13-39

Michigan Model Criminal Jury Instructions

M Crim JI 13.20 Concealing Facts or Misleading the Police ........................................................................................... 13-40

M Crim JI 13.20a Misleading the Police; Defenses......................................................................................................... 13-42

M Crim JI 13.21 Bringing a Weapon into Jail.................................................................................................................. 13-44

M Crim JI 13.22 Furnishing a Weapon to a Prisoner ...................................................................................................... 13-45

M Crim JI 13.23 Possession of a Weapon by a Prisoner................................................................................................. 13-46

M Crim JI 13.24 Bringing Alcohol or a Controlled Substance into Jail............................................................................ 13-47

M Crim JI 13.25 Possession of Alcohol or a Controlled Substance by a Prisoner........................................................... 13-48

CHAPTER 14 Perjury 14-1

M Crim JI 14.1 Perjury Committed in Courts.................................................................................................................... 14-2

M Crim JI 14.2 Perjury ...................................................................................................................................................... 14-3

M Crim JI 14.2a Perjury-Record or Document Declaration ............................................................................................. 14-4

M Crim JI 14.3 Subornation of Perjury ............................................................................................................................. 14-5

M Crim JI 14.4 Attempted Subornation of Perjury........................................................................................................... 14-6

CHAPTER 15 Traffic Offenses 15-1

M Crim JI 15.1 Operating While Intoxicated; High Bodily Alcohol Content [OWIHBAC].................................................. 15-3

M Crim JI 15.1a Operating While Intoxicated with High Bodily Alcohol Content Causing Death or Serious Impairment of a

Body Function [OWIHBAC: Death or Serious Impairment] .............................................................................................. 15-4

M Crim JI 15.2 Operating While Intoxicated [OWI].......................................................................................................... 15-6

M Crim JI 15.2a Operating While Intoxicated Causing Death or Serious Impairment of a Body Function [OWI: Death or

Serious Impairment]......................................................................................................................................................... 15-9

M Crim JI 15.3 Operating While Visibly Impaired [OWVI].............................................................................................. 15-12

M Crim JI 15.3a Operating While Visibly Impaired Causing Death or Serious Impairment of a Body Function [OWVI: Death

or Serious Impairment] .................................................................................................................................................. 15-14

M Crim JI 15.4 Operating with Any Amount of Schedule 1 Controlled Substance or Cocaine [OWACS]....................... 15-17

M Crim JI 15.4a Operating with Any Amount of Schedule 1 Controlled Substance or Cocaine Causing Death or Serious

Impairment of a Body Function [OWACS: Death or Serious Impairment] ..................................................................... 15-18

M Crim JI 15.5 Factors in Considering Operating While Intoxicated [OWI] and Operating While Visibly Impaired

[OWVI]............................................................................................................................................................................ 15-20

M Crim JI 15.6 Possible Verdicts [OWIHBAC]................................................................................................................. 15-22

M Crim JI 15.6a Possible Verdicts [OWI] ........................................................................................................................ 15-23

M Crim JI 15.6b Possible Verdicts [OWVI]...................................................................................................................... 15-24

M Crim JI 15.6c Possible Verdicts [OWACS] ................................................................................................................... 15-25

M Crim JI 15.6d Possible Verdicts [OWIHBAC/OWI/OWVI Causing Death or Serious Impairment] .............................. 15-26

Michigan Model Criminal Jury Instructions

M Crim JI 15.6e Possible Verdicts [OWACS Causing Death or Serious Impairment]...................................................... 15-28

M Crim JI 15.7 Verdict Form [OWIHBAC] ....................................................................................................................... 15-29

M Crim JI 15.7a Verdict Form [OWI] .............................................................................................................................. 15-30

M Crim JI 15.7b Verdict Form [OWVI]............................................................................................................................ 15-31

M Crim JI 15.7c Verdict Form [OWACS] ......................................................................................................................... 15-32

M Crim JI 15.7d Verdict Form [OWIHBAC/OWI/OWVI Causing Death or Serious Impairment] .................................... 15-33

M Crim JI 15.7e Verdict Form [OWACS Causing Death or Serious Impairment]............................................................ 15-34

M Crim JI 15.8 Defendant’s Decision to Forgo Chemical Testing................................................................................... 15-35

M Crim JI 15.9 Operating a Commercial Vehicle with an Unlawful Bodily Alcohol Content [UBAL].............................. 15-36

M Crim JI 15.10 Owner or Person in Control of Vehicle Permitting Operation by Another Person While Intoxicated or

Impaired ......................................................................................................................................................................... 15-37

M Crim JI 15.11 Person Under 21 Operating with Any Alcohol in System ..................................................................... 15-39

M CRIM JI 15.12 Violation with a Person Under the Age of 16 in the Motor Vehicle.................................................... 15-40

M Crim JI 15.13 Leaving the Scene of an Accident......................................................................................................... 15-41

M Crim JI 15.13a Leaving the Scene of an Accident Resulting in Vehicle Damage, Injury, Serious Impairment of a Body

Function, or Death ......................................................................................................................................................... 15-42

M Crim JI 15.13b Leaving the Scene of an Accident Caused by Defendant Resulting in Death..................................... 15-44

M Crim JI 15.14 Reckless Driving.................................................................................................................................... 15-45

M Crim JI 15.14a Reckless Driving Causing Death or Serious Impairment of a Body Function...................................... 15-46

M Crim JI 15.15 Moving Violation Causing Death or Serious Impairment of a Body Function ...................................... 15-48

M Crim JI 15.16 Driving While License Suspended or Revoked ..................................................................................... 15-50

M Crim JI 15.16a Driving While License Suspended or Revoked Causing Death or Serious Impairment of a Body

Function ......................................................................................................................................................................... 15-51

M Crim JI 15.17 Permitting Another Person to Drive Motor Vehicle While License Suspended or Revoked ................ 15-53

M Crim JI 15.17a Permitting Another Person to Drive Motor Vehicle While License Suspended or Revoked Causing Death

or Serious Impairment of a Body Function .................................................................................................................... 15-55

CHAPTER 16 Homicide 16-1

M Crim JI 16.1 First-degree Premeditated Murder.......................................................................................................... 16-2

M Crim JI 16.2 Lying in Wait............................................................................................................................................. 16-4

M Crim JI 16.3 Poisoning .................................................................................................................................................. 16-5

M Crim JI 16.4 First-degree Felony Murder ..................................................................................................................... 16-6

M Crim JI 16.4a First-degree Murder-Peace Officer ........................................................................................................ 16-8

M Crim JI 16.4b Murder During Commission of Felony ................................................................................................... 16-9

M Crim JI 16.5 Second-degree Murder .......................................................................................................................... 16-10

Michigan Model Criminal Jury Instructions

M Crim JI 16.6 Element Chart—First-degree Premeditated and Second-degree Murder ............................................ 16-11

M Crim JI 16.7 Element Chart—First-degree Felony and Second-degree Murder......................................................... 16-12

M Crim JI 16.8 Voluntary Manslaughter ........................................................................................................................ 16-13

M Crim JI 16.9 Voluntary Manslaughter as a Lesser Included Offense of Murder......................................................... 16-14

M Crim JI 16.10 Involuntary Manslaughter.................................................................................................................... 16-15

M Crim JI 16.11 Involuntary Manslaughter-Firearm Intentionally Aimed ..................................................................... 16-17

M Crim JI 16.12 Involuntary Manslaughter with Motor Vehicle [Use for Acts Occurring Before October 31, 2010]

[DELETED]....................................................................................................................................................................... 16-18

M Crim JI 16.13 Involuntary Manslaughter-Failure to Perform Legal Duty ................................................................... 16-19

M Crim JI 16.14 Negligent Homicide [Use for Acts Occurring Before October 31, 2010] [DELETED] ............................ 16-20

M Crim JI 16.15 Act of Defendant Must Be Cause of Death........................................................................................... 16-21

M Crim JI 16.16 Susceptible Victim -- Improper Medical Treatment............................................................................. 16-22

M Crim JI 16.17 Degrees of Negligence.......................................................................................................................... 16-23

M Crim JI 16.18 Gross Negligence.................................................................................................................................. 16-24

M Crim JI 16.19 Unreasonable Rate of Speed................................................................................................................ 16-25

M Crim JI 16.20 Contributory Negligence ...................................................................................................................... 16-26

M Crim JI 16.21 Inferring State of Mind......................................................................................................................... 16-27

M Crim JI 16.22 Transferred Intent ................................................................................................................................ 16-28

M Crim JI 16.23 State of Mind........................................................................................................................................ 16-29

M Crim JI 16.24 Degrees of Murder [DELETED] ............................................................................................................. 16-30

M Crim JI 16.25 Unanimity of Verdict on Premeditated and Felony Murder ................................................................ 16-31

M Crim JI 16.26 Felony Murder-Codefendants .............................................................................................................. 16-32

CHAPTER 17 Assault 17-1

M Crim JI 17.1 Definition of Assault [For Use Where There Has Been No Battery]......................................................... 17-3

M Crim JI 17.2 Definition of Assault and Battery [For Use Where Battery Is Shown]...................................................... 17-4

M Crim JI 17.2a Domestic Assault/Aggravated Domestic Assault.................................................................................... 17-5

M Crim JI 17.3 Assault with Intent to Murder.................................................................................................................. 17-7

M Crim JI 17.4 Mitigating Circumstances......................................................................................................................... 17-8

M Crim JI 17.5 Assault with Intent to Commit a Felony................................................................................................... 17-9

M Crim JI 17.6 Assault and Infliction of Serious Injury (Aggravated Assault)................................................................. 17-10

M Crim JI 17.7 Assault with Intent to Do Great Bodily Harm Less Than Murder ........................................................... 17-11

M Crim JI 17.8 Dangerous Weapon................................................................................................................................ 17-12

M Crim JI 17.9 Assault with a Dangerous Weapon ........................................................................................................ 17-13

Michigan Model Criminal Jury Instructions

M Crim JI 17.10 Definition of Dangerous Weapon......................................................................................................... 17-15

M Crim JI 17.11 Definition of Firearm-Gun, Revolver, Pistol ......................................................................................... 17-16

M Crim JI 17.12 Definition of Brass Knuckles................................................................................................................. 17-17

M Crim JI 17.13 Defense-Firearm Inoperable ................................................................................................................ 17-18

M Crim JI 17.14 Definition of Force and Violence.......................................................................................................... 17-19

M Crim JI 17.15 Definition of Touching.......................................................................................................................... 17-20

M Crim JI 17.16 Actual Injury Is Not Necessary.............................................................................................................. 17-21

M Crim JI 17.17 Mistake-Assault on a Third Person....................................................................................................... 17-22

M Crim JI 17.18 Child Abuse, First Degree ..................................................................................................................... 17-23

M Crim JI 17.19 Child Abuse, Second Degree (Willful Failure to Provide, or Abandonment)........................................ 17-25

M Crim JI 17.20 Child Abuse, Second Degree (Reckless Act or Omission Causing Serious Injury)................................. 17-26

M Crim JI 17.20a Child Abuse, Second Degree (Act Likely to Cause Serious Harm)....................................................... 17-27

M Crim JI 17.20b Child Abuse, Second Degree (Cruel Act) ............................................................................................ 17-28

M Crim JI 17.20c Child Abuse, Second Degree (Child Care Provider)............................................................................. 17-29

M Crim JI 17.21 Child Abuse, Third Degree.................................................................................................................... 17-30

M Crim JI 17.22 Child Abuse, Fourth Degree (Willful Failure to Provide, or Abandonment)......................................... 17-31

M Crim JI 17.23 Child Abuse, Fourth Degree (Unreasonable Risk of Harm or Injury).................................................... 17-32

M Crim JI 17.24 Parental Discipline................................................................................................................................ 17-33

M Crim JI 17.24a Defense of Reasonable Response to Act of Domestic Violence......................................................... 17-34

M Crim JI 17.25 Stalking ................................................................................................................................................. 17-36

M Crim JI 17.30 Vulnerable Adult Abuse, First Degree .................................................................................................. 17-38

M Crim JI 17.31 Vulnerable Adult Abuse, Second Degree ............................................................................................. 17-40

M Crim JI 17.32 Vulnerable Adult Abuse, Third Degree................................................................................................. 17-42

M Crim JI 17.33 Vulnerable Adult Abuse, Fourth Degree .............................................................................................. 17-43

M Crim JI 17.34 Ethnic Intimidation............................................................................................................................... 17-45

M Crim JI 17.35 Assault by Strangulation or Suffocation............................................................................................... 17-46

M Crim JI 17.36 Torture ................................................................................................................................................. 17-47

M Crim JI 17.37 Hazing................................................................................................................................................... 17-49

CHAPTER 18 Robbery 18-1

M Crim JI 18.1 Armed Robbery ........................................................................................................................................ 18-2

M Crim JI 18.2 Robbery .................................................................................................................................................... 18-4

M Crim JI 18.3 Assault with Intent to Commit Robbery Being Armed ............................................................................. 18-5

M Crim JI 18.4 Assault with Intent to Commit Robbery Being Unarmed......................................................................... 18-7

Michigan Model Criminal Jury Instructions

M Crim JI 18.4a Carjacking ............................................................................................................................................... 18-9

M Crim JI 18.5 Bank, Safe, and Vault Robbery ............................................................................................................... 18-10

M Crim JI 18.6 Bank, Safe, and Vault Robbery (Alternative).......................................................................................... 18-11

M Crim JI 18.7 Definition of Attempt ............................................................................................................................. 18-12

CHAPTER 19 Kidnapping and Parental Taking 19-1

M Crim JI 19.1 Kidnapping................................................................................................................................................ 19-2

M Crim JI 19.1a Taking a Child by Force or Enticement ................................................................................................... 19-3

M Crim JI 19.2 Kidnapping; Underlying Offense of Murder or Crime Involving Murder, Extortion, or Taking a

Hostage, or No Underlying Offense ................................................................................................................................. 19-4

M Crim JI 19.3 Kidnapping; Intent to Extort Money or Other Valuables ......................................................................... 19-5

M Crim JI 19.4 Kidnapping; Secret Confinement of Victim .............................................................................................. 19-6

M Crim JI 19.5 Kidnapping; Holding Victim for Labor or Services .................................................................................... 19-8

M Crim JI 19.6 Parental Taking or Retaining a Child ........................................................................................................ 19-9

M Crim JI 19.7 Affirmative Defense-Protection of a Child [DELETED]............................................................................ 19-11

M Crim JI 19.8 Unlawful Imprisonment ......................................................................................................................... 19-12

M Crim JI 19.9 Prisoner Taking a Person Hostage.......................................................................................................... 19-13

CHAPTER 20 Sex Crimes 20-1

M Crim JI 20.1 Criminal Sexual Conduct in the First Degree ............................................................................................ 20-4

M Crim JI 20.2 Criminal Sexual Conduct in the Second Degree ....................................................................................... 20-7

M Crim JI 20.3 Complainant Under Thirteen Years of Age............................................................................................... 20-8

M Crim JI 20.4 Complainant Between Thirteen and Sixteen Years of Age....................................................................... 20-9

M Crim JI 20.5 Sexual Act in Conjunction with the Commission of a Felony ................................................................. 20-11

M Crim JI 20.6 Aiders and Abettors-Complainant Mentally Incapable, Mentally Incapacitated, or Physically Helpless 20-12

M Crim JI 20.7 Aiders and Abettors-Use of Force or Coercion....................................................................................... 20-13

M Crim JI 20.8 Armed with a Weapon ........................................................................................................................... 20-14

M Crim JI 20.9 Personal Injury-Use of Force or Coercion............................................................................................... 20-15

M Crim JI 20.10 Personal Injury-Complainant Mentally Incapable, Mentally Incapacitated, or Physically Helpless..... 20-17

M Crim JI 20.11 Sexual Act with Mentally Incapable, Mentally Disabled, Mentally Incapacitated, or Physically Helpless

Person by Relative or One in Authority.......................................................................................................................... 20-19

M Crim JI 20.11a Department of Corrections Employee................................................................................................ 20-22

M Crim JI 20.11b Department of Corrections Vendor ................................................................................................... 20-23

M Crim JI 20.11c County Corrections Employee ............................................................................................................ 20-24

M Crim JI 20.11d Pretrial and Juvenile Detainees.......................................................................................................... 20-25

Michigan Model Criminal Jury Instructions

M Crim JI 20.12 Criminal Sexual Conduct in the Third Degree....................................................................................... 20-26

M Crim JI 20.13 Criminal Sexual Conduct in the Fourth Degree .................................................................................... 20-28

M Crim JI 20.14 Complainant Between Thirteen and Sixteen Years of Age................................................................... 20-29

M Crim JI 20.14a Complainant Between Thirteen and Sixteen Years of Age and Defendant Five or More Years Older 20-30

M Crim JI 20.14b Complainant Sixteen or Seventeen Years of Age ............................................................................... 20-31

M Crim JI 20.14c Complainant At Least Sixteen But Less Than Twenty-Six Years of Age Receiving Special

Education Services ......................................................................................................................................................... 20-33

M Crim JI 20.14d Complainant At Least Sixteen Years Old and Attending Day-Care or Residing in Foster-Care .......... 20-34

M Crim JI 20.15 Use of Force or Coercion...................................................................................................................... 20-35

M Crim JI 20.16 Complainant Mentally Incapable, Mentally Incapacitated, or Physically Helpless .............................. 20-36

M Crim JI 20.16a Related Within Third Degree.............................................................................................................. 20-37

M Crim JI 20.17 Assault with Intent to Commit Criminal Sexual Conduct Involving Penetration.................................. 20-38

M Crim JI 20.18 Assault with Intent to Commit Criminal Sexual Conduct in the Second Degree (Contact) .................. 20-40

M Crim JI 20.19 Complainant Under Sixteen Years of Age ............................................................................................ 20-42

M Crim JI 20.20 Sexual Assault in Conjunction with the Commission of a Felony......................................................... 20-43

M Crim JI 20.21 Armed with a Weapon ......................................................................................................................... 20-44

M Crim JI 20.22 Complainant Mentally Incapable, Mentally Incapacitated, or Physically Helpless .............................. 20-45

M Crim JI 20.23 Use of Force or Coercion in Attempt.................................................................................................... 20-46

M Crim JI 20.24 Definition of Sufficient Force................................................................................................................ 20-47

M Crim JI 20.25 Testimony Need Not Be Corroborated................................................................................................. 20-49

M Crim JI 20.26 Resistance Not Required ...................................................................................................................... 20-50

M Crim JI 20.27 Consent ................................................................................................................................................ 20-51

M Crim JI 20.28 Uncharged Acts in Criminal Sexual Conduct Cases .............................................................................. 20-53

M Crim JI 20.28a Evidence of Other Acts of Child Sexual Abuse.................................................................................... 20-54

M Crim JI 20.29 Limiting Instruction on Expert Testimony (in Child Criminal Sexual Conduct Cases)........................... 20-55

M Crim JI 20.30 Criminal Sexual Conduct-No Spousal Exception................................................................................... 20-56

M Crim JI 20.30a Criminal Sexual Conduct, One Wrongful Act-Multiple Aggravating Circumstances........................... 20-57

M Crim JI 20.30b Defendant Seventeen Years of Age or Older and Victim Under the Age of Thirteen ........................ 20-58

M Crim JI 20.31 Gross Indecency ................................................................................................................................... 20-59

M Crim JI 20.32 Sodomy................................................................................................................................................. 20-61

M Crim JI 20.33 Indecent Exposure................................................................................................................................ 20-62

M Crim JI 20.34 Pandering ............................................................................................................................................. 20-63

M Crim JI 20.35 Accepting the Earnings of a Prostitute................................................................................................. 20-64

M Crim JI 20.36 Inference of Lack of Consideration ...................................................................................................... 20-65

M Crim JI 20.37 Use of Computer to Commit Specified Crimes..................................................................................... 20-66

Michigan Model Criminal Jury Instructions

M Crim JI 20.38 Child Sexually Abusive Activity - Causing or Allowing .......................................................................... 20-67

M Crim JI 20.38a Child Sexually Abusive Activity - Producing........................................................................................ 20-69

M Crim JI 20.38b Child Sexually Abusive Activity - Distributing ..................................................................................... 20-72

M Crim JI 20.38c Child Sexually Abusive Activity -- Possessing or Accessing ................................................................. 20-75

M Crim JI 20.39 Sex Offenders Registration Act Violations-Failure to Register ............................................................. 20-78

M Crim JI 20.39a Sex Offenders Registration Act Violations - Failure to Notify............................................................. 20-79

M Crim JI 20.39b - Sex Offenders Registration Act Violations - Failure to Report Before Moving to Another

State or Moving to or Visiting Another Country for More Than Seven Days ................................................................. 20-81

M Crim JI 20.39c Sex Offenders Registration Act Violations - Providing False or Misleading Information.................... 20-83

M Crim JI 20.39d Sex Offenders Registration Act Violations - Identification Requirements ......................................... 20-85

M Crim JI 20.39e Sex Offenders Registration Act Violations-Failure to Verify............................................................... 20-87

M Crim JI 20.39f Sex Offenders Registration Act Violations - Failure to Sign Registration and Notice.......................... 20-93

M Crim JI 20.39g Sex Offenders Registration Act Violations - Failure to Pay Registration Fee...................................... 20-94

M Crim JI 20.39h Sex Offenders Registration Act Violations - Registering Agent Offenses........................................... 20-96

M Crim JI 20.39i Sex Offenders Registration Act Violations - Student Safety Zone Offenses ........................................ 20-97

M Crim JI 20.39j Sex Offenders Registration Act Violations - Venue ............................................................................. 20-98

M Crim JI 20.39k Sex Offenders Registration Act Violations - Registration / Notification / Verification In-person

Requirement .................................................................................................................................................................. 20-99

M Crim JI 20.39l Sex Offenders Registration Act Violations - Definitions - Residence / Domicile ............................... 20-100

M Crim JI 20.40 Accosting a Child for Immoral Purposes............................................................................................. 20-101

CHAPTER 21 Extortion 21-1

M Crim JI 21.1 Extortion-Threatening Injury.................................................................................................................... 21-2

M Crim JI 21.2 Extortion-Accusation of Crime ................................................................................................................. 21-3

M Crim JI 21.3 Definition of Threat .................................................................................................................................. 21-4

M Crim JI 21.4 Definition of Against His or Her Will......................................................................................................... 21-5

M Crim JI 21.5 Abandonment of Intent to Injure............................................................................................................. 21-6

M Crim JI 21.6 Truth Is Not a Defense.............................................................................................................................. 21-7

CHAPTER 22 General Property 22-1

M Crim JI 22.1 Fair Market Value Test ............................................................................................................................. 22-2

M Crim JI 22.2 Definition of Owner-Larceny .................................................................................................................... 22-3

M Crim JI 22.3 Honest Taking-Larceny ............................................................................................................................. 22-4

M Crim JI 22.4 Embezzlement (Larceny) in Installments.................................................................................................. 22-5

M Crim JI 22.5 Definition of Agent ................................................................................................................................... 22-6

Michigan Model Criminal Jury Instructions

M Crim JI 22.6 Definition of Alteration ............................................................................................................................ 22-7

M Crim JI 22.7 Definition of Bailee................................................................................................................................... 22-8

M Crim JI 22.8 Definition of Certificate (of Notary Public or Any Public Official) ............................................................ 22-9

M Crim JI 22.9 Definition of Check................................................................................................................................. 22-10

M Crim JI 22.10 Definition of Commingling ................................................................................................................... 22-11

M Crim JI 22.11 Definition of Conversion ...................................................................................................................... 22-12

M Crim JI 22.12 Definition of Corruptly ......................................................................................................................... 22-13

M Crim JI 22.13 Definition of Counterfeit ...................................................................................................................... 22-14

M Crim JI 22.14 Definition of Delivery ........................................................................................................................... 22-15

M Crim JI 22.15 Definition of Deposit Account .............................................................................................................. 22-16

M Crim JI 22.16 Definition of Draft ................................................................................................................................ 22-17

M Crim JI 22.17 Definition of Material Alteration.......................................................................................................... 22-18

M Crim JI 22.18 Definition of Order (for Money or Property)........................................................................................ 22-19

M Crim JI 22.19 Definition of Public Official (Officer) .................................................................................................... 22-20

M Crim JI 22.20 Definition of Security Interest .............................................................................................................. 22-21

M Crim JI 22.21 Definition of Trustee ............................................................................................................................ 22-22

M Crim JI 22.22 Definition of Utter ................................................................................................................................ 22-23

CHAPTER 23 Larceny 23-1

M Crim JI 23.1 Larceny ..................................................................................................................................................... 23-2

M Crim JI 23.2 Inference of Larceny from Possession of Recently Stolen Property......................................................... 23-4

M Crim JI 23.3 Larceny from the Person .......................................................................................................................... 23-5

M Crim JI 23.4 Larceny in a Building................................................................................................................................. 23-7

M Crim JI 23.5 Larceny from a Vehicle............................................................................................................................. 23-8

M Crim JI 23.6 Breaking or Entering a Vehicle with Intent to Steal ................................................................................. 23-9

M Crim JI 23.6a Breaking or Entering a Vehicle with Intent to Steal Causing Damage.................................................. 23-11

M Crim JI 23.7 Breaking or Entering a Vehicle with Intent to Steal Property, Damaging the Vehicle ........................... 23-13

M Crim JI 23.8 Larceny (by Trick) ................................................................................................................................... 23-14

M Crim JI 23.9 Definition of Pretense ............................................................................................................................ 23-16

M Crim JI 23.10 Larceny by Conversion [For Offenses Committed On or After January 1, 1999] ................................. 23-17

M Crim JI 23.10a Failure to Return Rental Property ...................................................................................................... 23-19

M Crim JI 23.11 False Pretenses..................................................................................................................................... 23-21

M Crim JI 23.12 Reliance on Representation ................................................................................................................. 23-23

M Crim JI 23.13 Retail Fraud-Theft................................................................................................................................. 23-24

Michigan Model Criminal Jury Instructions

M Crim JI 23.14 Retail Fraud-Price Switching................................................................................................................. 23-26

M Crim JI 23.15 Retail Fraud-False Exchange................................................................................................................. 23-28

M Crim JI 23.16 Retail Fraud-Prior Convictions [DELETED] ............................................................................................ 23-29

M Crim JI 23.17 Defrauding a Vulnerable Adult............................................................................................................. 23-30

CHAPTER 24 Automobile Theft 24-1

M Crim JI 24.1 Unlawfully Driving Away an Automobile.................................................................................................. 24-2

M Crim JI 24.2 Use of an Automobile Without Authority and Without Intent to Steal ................................................... 24-3

M Crim JI 24.3 Employee’s Use of an Automobile Without Authority............................................................................. 24-4

M Crim JI 24.4 Distinction Between UDAA and Use of an Automobile Without Authority ............................................. 24-5

M Crim JI 24.5 Tampering with a Motor Vehicle.............................................................................................................. 24-6

M Crim JI 24.6 Possession of a Stolen Automobile with Intent to Pass Title ................................................................... 24-7

M Crim JI 24.7 False Statement About Title to a Motor Vehicle...................................................................................... 24-8

M Crim JI 24.8 Altering Identification of a Motor Vehicle with Intent to Mislead........................................................... 24-9

M Crim JI 24.9 Lesser Included Offense-Altering Identification of a Motor Vehicle Without Intent to Mislead ........... 24-10

CHAPTER 25 Breaking and Entering / Trespassing 25-1

M Crim JI 25.1 Breaking and Entering .............................................................................................................................. 25-2

M Crim JI 25.2 Breaking and Entering Occupied Dwelling ............................................................................................... 25-4

M Crim JI 25.2a Home Invasion, First Degree-Breaking and Entering.............................................................................. 25-5

M Crim JI 25.2b Home Invasion, Second Degree-Breaking and Entering......................................................................... 25-7

M Crim JI 25.2c Home Invasion, First Degree-Entering Without Permission................................................................... 25-8

M Crim JI 25.2d Home Invasion, Second Degree-Entering Without Permission.............................................................. 25-9

M Crim JI 25.2e Home Invasion, Third Degree-Committing or Intending to Commit Misdemeanor............................. 25-10

M Crim JI 25.2f Home Invasion, Third Degree-Violation of Order to Protect Person .................................................... 25-11

M Crim JI 25.3 Entering Without Breaking..................................................................................................................... 25-12

M Crim JI 25.4 Entering Without Owner’s Permission................................................................................................... 25-13

M Crim JI 25.5 Possession of Burglar’s Tools ................................................................................................................. 25-14

M Crim JI 25.6 Occupying a Dwelling Without Consent (Squatting) .............................................................................. 25-15

M Crim JI 25.7 Trespassing ............................................................................................................................................. 25-16

M Crim JI 25. 8 Dumping Refuse on the Property of Another........................................................................................ 25-18

M Crim JI 25. 9 Trespassing on State Correctional Facility Property.............................................................................. 25-19

Michigan Model Criminal Jury Instructions

CHAPTER 26 Receiving or Concealing Stolen Property 26-1

M Crim JI 26.1 Receiving and Concealing Stolen Property............................................................................................... 26-2

M Crim JI 26.2 Definitions of Buy, Receive, Possess, and Conceal................................................................................... 26-4

M Crim JI 26.3 Knowledge by Defendant That Property Was Stolen............................................................................... 26-5

M Crim JI 26.4 No Obligation of State to Prove Conviction for Theft .............................................................................. 26-6

M Crim JI 26.5 Honest Buying or Receiving [DELETED] .................................................................................................... 26-7

M Crim JI 26.6 Dealer or Collector ................................................................................................................................... 26-8

CHAPTER 27 Embezzlement 27-1

M Crim JI 27.1 Embezzlement by Agent or Servant ......................................................................................................... 27-2

M Crim JI 27.2 Prima Facie Proof of Intent (Embezzlement by Agent or Servant)........................................................... 27-4

M Crim JI 27.3 Embezzlement by a Public Official ........................................................................................................... 27-5

M Crim JI 27.4 Prima Facie Proof of Intent (Embezzlement by a Public Official)............................................................. 27-6

M Crim JI 27.5 Embezzlement of Mortgaged Property.................................................................................................... 27-7

M Crim JI 27.6 Definition of Mortgage and Mortgagee ................................................................................................... 27-9

M Crim JI 27.7 Safekeeping of Public Moneys ............................................................................................................... 27-10

CHAPTER 28 Forgery, Uttering and Publishing 28-1

M Crim JI 28.1 Forgery ..................................................................................................................................................... 28-2

M Crim JI 28.2 Uttering and Publishing............................................................................................................................ 28-3

M Crim JI 28.3 Acceptance or Loss Not Necessary........................................................................................................... 28-4

M Crim JI 28.4 Forger Need Not Be Identified ................................................................................................................. 28-5

CHAPTER 29 Checks 29-1

M Crim JI 29.1 Definition of Credit................................................................................................................................... 29-2

M Crim JI 29.2 Reasonable Expectation of Payment Negates Fraud ............................................................................... 29-3

M Crim JI 29.3 Mistake..................................................................................................................................................... 29-4

M Crim JI 29.4 Not Necessary to Show Loss..................................................................................................................... 29-5

M Crim JI 29.5 Prima Facie Proof of Intent to Defraud .................................................................................................... 29-6

M Crim JI 29.6 Prima Facie Proof of Intent-Notice........................................................................................................... 29-7

M Crim JI 29.7 Drawing Check on Bank Without Account ............................................................................................... 29-8

M Crim JI 29.8 Three Insufficient Fund Checks Within Ten Days ..................................................................................... 29-9

M Crim JI 29.9 Checks Without Sufficient Funds............................................................................................................ 29-10

Michigan Model Criminal Jury Instructions

CHAPTER 30 Financial Transaction Devices 30-1

M Crim JI 30.1 Definition of Device holder ...................................................................................................................... 30-2

M Crim JI 30.2 Definition of Financial Transaction Device ............................................................................................... 30-3

M Crim JI 30.3 Stealing, Removing, or Hiding Another’s Financial Transaction Device Without Consent....................... 30-4

M Crim JI 30.4 Possession of Fraudulent or Altered Financial Transaction Device.......................................................... 30-5

M Crim JI 30.5 Possession of Another’s Financial Transaction Device with Intent to Use, Deliver, Circulate, or Sell ..... 30-6

M Crim JI 30.6 Financial Transaction Device Fraud, Forgery, Material Alteration, Counterfeiting.................................. 30-7

M Crim JI 30.7 Use of Revoked or Canceled Financial Transaction Device with Intent to Defraud ................................. 30-8

M Crim JI 30.8 Sales to or Services Performed for Violators.......................................................................................... 30-10

M Crim JI 30.9 Causing Deviceholder to Be Overcharged.............................................................................................. 30-11

M Crim JI 30.10 False Statement for Purpose of Obtaining Financial Transaction Device............................................. 30-12

M Crim JI 30.11 Use of Financial Transaction Device to Defraud................................................................................... 30-13

M Crim JI 30.12 Uttering and Publishing a Financial Transaction Device ...................................................................... 30-15

M Crim JI 30.13 Possession, Use, etc. of Instrument for Making False Financial Transaction Device ........................... 30-16

M Crim JI 30.14 Use of the Victim’s Information to Obtain Credit, Goods, Services, Money, Property, Information, or

Employment with the Intent to Defraud........................................................................................................................ 30-17

M Crim JI 30.15 Use of the Victim’s Information to Commit an Illegal Act.................................................................... 30-18

M Crim JI 30.16 Misrepresenting/Withholding/Concealing Identity to Use the Victim’s Information to Obtain Credit, Goods,

Services, Money, Property, Information, or Employment ............................................................................................. 30-19

M Crim JI 30.17 Misrepresenting/Withholding/Concealing Identity to Use the Victim’s Information to Commit an

Illegal Act........................................................................................................................................................................ 30-20

M Crim JI 30.18 Misrepresenting/Withholding/Concealing Identity to Use Victim’s Information to Obtain Credit, Goods,

Services, Money, Property, Information, or Employment-Defense That Defendant Acted Lawfully ............................ 30-21

M Crim JI 30.19 Definitions of Person and Personal Identifying Information................................................................ 30-22

CHAPTER 31 Arson 31-1

M Crim JI 31.1 Arson-Implication That Fire Had Natural Causes ..................................................................................... 31-2

M Crim JI 31.2 Arson in the First Degree-Multiunit Building ........................................................................................... 31-3

M Crim JI 31.3 Arson in the First Degree-Building and Physical Injury ............................................................................ 31-5

M Crim JI 31.4 Arson in the Second Degree..................................................................................................................... 31-7

M Crim JI 31.5 Arson in the Third Degree-Building/Structure/Real Property.................................................................. 31-9

M Crim JI 31.6 Arson in the Third Degree-Personal Property ........................................................................................ 31-11

M Crim JI 31.7 Arson in the Fourth Degree-Personal Property...................................................................................... 31-13

M Crim JI 31.8 Arson of Insured Property-Dwelling....................................................................................................... 31-15

M Crim JI 31.9 Arson of Insured Property-Building/Real Property ................................................................................ 31-17

Michigan Model Criminal Jury Instructions

M Crim JI 31.10 Arson of Insured Property-Personal Property...................................................................................... 31-19

M Crim JI 31.11 Preparation to Burn Personal Property................................................................................................ 31-21

M Crim JI 31.12 Preparation to Burn Personal Property with Fraudulent Intent .......................................................... 31-23

M Crim JI 31.13 Preparation to Burn Dwelling-No Aggravating Circumstances ............................................................ 31-24

M Crim JI 31.14 Preparation to Burn Building-No Aggravating Circumstances ............................................................. 31-25

M Crim JI 31.15 Burning Dwelling House [Use for Act(s) Occurring Before April 3, 2013] ............................................ 31-26

M Crim JI 31.16 Burning Other Real Property [Use for Act(s) Occurring Before April 3, 2013] ..................................... 31-27

M Crim JI 31.17 Burning Personal Property [Use for Act(s) Occurring Before April 3, 2013] ........................................ 31-28

M Crim JI 31.18 Burning Insured Property [Use for Act(s) Occurring Before April 3, 2013] .......................................... 31-30

M Crim JI 31.19 Preparation to Burn [Use for Act(s) Occurring Before April 3, 2013]................................................... 31-31

CHAPTER 32 Malicious Destruction of Property 32-1

M Crim JI 32.1 Fair Market Value Test-Malicious Destruction of Property...................................................................... 32-2

M Crim JI 32.2 Malicious Destruction of Personal Property ............................................................................................ 32-3

M Crim JI 32.3 Malicious Destruction of a Building or Appurtenance ............................................................................. 32-5

CHAPTER 33 Animals 33-1

M Crim JI 33.1 Possession or Sale of Animal for Fighting, Baiting, or Shooting ............................................................... 33-2

M Crim JI 33.1a Use of an Animal for Fighting, Baiting, or Shooting ............................................................................... 33-3

M Crim JI 33.1b Exhibitions of Animal Fighting, Baiting, or Shooting .............................................................................. 33-4

M Crim JI 33.1c Breeding, Buying, or Selling Animal Trained for Fighting, Baiting, or Shooting...................................... 33-5

M Crim JI 33.1d Possessing or Buying Equipment for Animal Fighting, Baiting, or Shooting .......................................... 33-6

M Crim JI 33.1e Inciting Animal Used in Fighting to Attack a Person .............................................................................. 33-7

M Crim JI 331.f Owning Animal Trained for Fighting - Attacking a Person ...................................................................... 33-8

M Crim JI 33.1g Owning Animal Trained for Fighting - Unrestrained .............................................................................. 33-9

M Crim JI 33.2 Animal Cruelty or Abandonment ........................................................................................................... 33-10

M Crim JI 33.4 First-Degree Killing or Torturing a Companion Animal .......................................................................... 33-12

M Crim JI 33.4a Second-Degree Killing or Torturing a Companion Animal.................................................................... 33-14

M Crim JI 33.4b Third-Degree Killing or Torturing an Animal ........................................................................................ 33-16

M Crim JI 33.4c Just Cause as a Defense to Killing or Torturing an Animal.................................................................... 33-18

CHAPTER 34 Welfare and Health Care Fraud / Felony Nonsupport 34-1

M Crim JI 34.1 Fraudulent Receipt of Public Assistance Benefits .................................................................................... 34-2

M Crim JI 34.2 Authorization or Recommendation of Benefits to Ineligible Person ....................................................... 34-4

Michigan Model Criminal Jury Instructions

M Crim JI 34.3 Refusal or Neglect to Provide Information to Welfare Department........................................................ 34-5

M Crim JI 34.4 Criminal Nonsupport ................................................................................................................................ 34-7

M Crim JI 34.5 Impossibility As a Defense to Felony Nonsupport.................................................................................... 34-8

M Crim JI 34.6 Food Stamp Fraud .................................................................................................................................... 34-9

M Crim JI 34.7 Medicaid Fraud – False Statement......................................................................................................... 34-11

M Crim JI 34.7a Medicaid Fraud – Concealing Events.................................................................................................... 34-12

M Crim JI 34.8 Public Welfare Program – Kickback, Bribe, Payment, or Rebate ........................................................... 34-13

M Crim JI 34.9 Medicaid Facilities – False Statement .................................................................................................... 34-14

M Crim JI 34.10 Making a False Claim for Goods or Services Under the Social Welfare Act ......................................... 34-15

M Crim JI 34.11 Making a False Claim That Goods or Services Were Medically Necessary Under the Social

Welfare Act .................................................................................................................................................................... 34-16

M Crim JI 34.12 Making a False Statement or Record to Avoid or Decrease a Payment to the State Under the Social

Welfare Act .................................................................................................................................................................... 34-17

M Crim JI 34.13 Medicaid False Claims -- Knowledge .................................................................................................... 34-18

M Crim JI 34.14 Medicaid Claims – Rebuttable Presumption ........................................................................................ 34-19

M Crim JI 34.15 Medicaid False Claims – Venue ............................................................................................................ 34-20

CHAPTER 35 Telecommunications and Computer Offenses 35-1

M Crim JI 35.1 Telephone Interference............................................................................................................................ 35-2

M Crim JI 35.1a Malicious Use of Telecommunications Service ..................................................................................... 35-3

M Crim JI 35.2 Unlawful Use of Telecommunications Services by Agent or Employee ................................................... 35-5

M Crim JI 35.3 Unlawful Possession, Delivery, or Manufacturing of Telecommunications Device ................................. 35-7

M Crim JI 35.4 Unlawfully Delivering or Advertising Plans for Telecommunications Device........................................... 35-8

M Crim JI 35.5 Unlawfully Obtaining Telecommunications Service................................................................................. 35-9

M Crim JI 35.6 Unlawfully Publishing a Telecommunications Access Device ................................................................ 35-11

M Crim JI 35.7 Accessing Computer with Intent to Defraud.......................................................................................... 35-12

M Crim JI 35.8 Unlawfully Accessing a Computer System ............................................................................................. 35-14

M Crim JI 35.9 Unlawfully Inserting Instructions into Computer................................................................................... 35-16

M Crim JI 35.10 Use of a Computer to Commit Specified Crimes.................................................................................. 35-18

M Crim JI 35.11 Sale, Purchase, Installation, Transfer, or Possession of Automated Sales Suppression Device or Zapper,

Phantom-Ware, or Skimming Device ............................................................................................................................. 35-20

M Crim JI 35.12 Cyberbullying/Aggravated Cyberbullying............................................................................................. 35-22

M Crim JI 35.13b Using a Computer to Commit a Crime ............................................................................................... 35-23

Michigan Model Criminal Jury Instructions

CHAPTER 36 Human Trafficking 36-1

M Crim JI 36.1 Obtaining a Person for Forced Labor or Services ..................................................................................... 36-2

M Crim JI 36.2 Holding a Person in Debt Bondage........................................................................................................... 36-4

M Crim JI 36.3 Knowingly Subjecting a Person to Forced Labor or Debt Bondage .......................................................... 36-5

M Crim JI 36.4 Participating in a Forced Labor, Debt Bondage or Commercial Sex Enterprise for Financial Gain .......... 36-7

M Crim JI 36.4a Participating in a Forced Labor or Commercial Sex Enterprise for Financial Gain or for Anything of Value

with a Minor..................................................................................................................................................................... 36-9

M Crim JI 36.5 Aggravating Factors................................................................................................................................ 36-11

M Crim JI 36.6 Using Minors for Commercial Sexual Activity or for Forced Labor or Services ...................................... 36-13

M Crim JI 36.7 Testimony of Victim Not Required/Need Not Be Corroborated ............................................................ 36-15

M Crim JI 36.8 Victim’s Resistance or Lack of Resistance Not Relevant ........................................................................ 36-16

CHAPTER 37 Witness Intimidation/Bribery 37-1

M Crim JI 37.1 Offering Bribes—Public Officer, Agent, Servant, or Employee............................................................... 37-2

M Crim JI 37.1a Offering Bribes - Juror, Appraiser, Receiver, Trustee, Administrator, Executor, Commissioner, Auditor,

Arbitrator, or Referee ...................................................................................................................................................... 37-4

M Crim JI 37.1b Offering Commission, Gift, or Gratuity to Agent or Employee ............................................................. 37-6

M Crim JI 37.1c Using False Documents to Deceive Principal or Employer .................................................................... 37-7

M Crim JI 37.2 Accepting Bribes - Executive, Legislative, or Judicial Officer.................................................................. 37-8

M Crim JI 37.2a Accepting Bribes - Juror, Appraiser, Receiver, Trustee, Administrator, Executor, Commissioner, Auditor,

Arbitrator, or Referee ...................................................................................................................................................... 37-9

M Crim JI 37.2b Accepting Commission, Gift, or Gratuity by Agent or Employee ........................................................ 37-11

M Crim JI 37.3 Bribing Witnesses................................................................................................................................... 37-12

M Crim JI 37.3a Bribing Witnesses/Criminal Case......................................................................................................... 37-13

M Crim JI 37.3b Bribing Witnesses - Crime/Threat to Kill ............................................................................................. 37-14

M Crim JI 37.4 Intimidating Witnesses.......................................................................................................................... 37-16

M Crim JI 37.4a Intimidating Witnesses - Criminal Case ............................................................................................... 37-17

M Crim JI 37.4b Intimidating Witnesses - Crime/Threat to Kill ..................................................................................... 37-19

M Crim JI 37.5 Interfering with Witnesses .................................................................................................................... 37-21

M Crim JI 37.5a Interfering with Witnesses - Criminal Case ......................................................................................... 37-22

M Crim JI 37.5b Interfering with Witnesses - Crime/Threat to Kill ............................................................................... 37-23

M Crim JI 37.6 Retaliating Against Witnesses ............................................................................................................... 37-24

M Crim JI 37.7 Bribing or Intimidating Witnesses - Defenses ....................................................................................... 37-25

M Crim JI 37.8 Withholding Evidence............................................................................................................................ 37-26

M Crim JI 37.8a Preventing Crime Report ..................................................................................................................... 37-27

Michigan Model Criminal Jury Instructions

M Crim JI 37.8b Retaliating for Crime Report ............................................................................................................... 37-28

M Crim JI 37.9 Influencing Statements to Investigators by Gift..................................................................................... 37-29

M Crim JI 37.9a Influencing Statements to Investigators by Threat or Intimidation .................................................... 37-30

M Crim JI 37.10 Influencing Statements to Investigators by Gift or Intimidation - Defenses ....................................... 37-31

M Crim JI 37.11 Removing, Destroying or Tampering with Evidence ........................................................................... 37-32

M Crim JI 37.11a Offering False Evidence at an Official Proceeding............................................................................. 37-33

M Crim JI 37.12 Jury Tampering .................................................................................................................................... 37-34

M Crim JI 37.13 Jury Tampering Through Intimidation................................................................................................. 37-35

M Crim JI 37.14 Retaliating Against a Juror................................................................................................................... 37-37

CHAPTER 38 Terrorism 38-1

M Crim JI 38.1 Committing an Act of Terrorism............................................................................................................... 38-2

M Crim JI 38.2 Hindering Prosecution of Terrorism......................................................................................................... 38-3

M Crim JI 38.3 Soliciting Material Support for an Act of Terrorism ................................................................................. 38-5

M Crim JI 38.3a Providing Material Support for an Act of Terrorism............................................................................... 38-6

M Crim JI 38.4 Making a Terrorist Threat......................................................................................................................... 38-7

M Crim JI 38.4a Communicating a False Report of Terrorism.......................................................................................... 38-9

CHAPTER 39 Explosives and Harmful Substances 39-1

M Crim JI 39.1 Explosives - Sending ................................................................................................................................. 39-2

M Crim JI 39.1a Explosives - Placing................................................................................................................................. 39-4

M Crim JI 39.1b Explosives - False Bomb ......................................................................................................................... 39-6

M Crim JI 39.2 Harmful Substances - Unlawful Acts ........................................................................................................ 39-7

M Crim JI 39.2a Harmful Substances-False Statement of Exposure............................................................................... 39-10

M Crim JI 39.2b Imitation Harmful Substance or Device ............................................................................................... 39-12

M Crim JI 39.3 Chemical Irritants - Unlawful Acts.......................................................................................................... 39-15

M Crim JI 39.4 Offensive or Injurious Substances - Placement with Intent to Injure .................................................... 39-18

M Crim JI 39.4a Offensive or Injurious Substances - Placement with Intent to Annoy.................................................. 39-20

M Crim JI 39.5 Carrying or Possessing Explosive or Combustible Substances with Intent to Damage Property or to Frighten,

Injure, or Kill a Person .................................................................................................................................................... 39-22

M Crim JI 39.5a Possessing Explosive Substance or Device in a Public Place ................................................................ 39-24

M Crim JI 39.6 Manufacturing, Buying, Selling, Furnishing, or Possessing Molotov Cocktails....................................... 39-25

M Crim JI 39.6a Manufacturing, Buying, Selling, Furnishing, or Possessing an Incendiary Explosive Device with Intent to

Damage Property or to Frighten, Injure, or Kill a Person............................................................................................... 39-26

M Crim JI 39.7 False Report of Explosive Offenses ........................................................................................................ 39-28

Michigan Model Criminal Jury Instructions

M Crim JI 39.7a False Report of Poisoning or Harmful Substances Offenses ................................................................ 39-30

M Crim JI 39.8 Threatening to Commit an Offense Involving Explosives....................................................................... 39-33

M Crim JI 39.8a Threatening to Poison or Commit a Harmful Substance Offense ........................................................ 39-36

CHAPTER 40 Public Order and Disorderly Person 40-1

M Crim JI 40.1 Disturbing the Peace ................................................................................................................................ 40-2

M Crim JI 40.2 Disturbing Religious Meetings.................................................................................................................. 40-3

M Crim JI 40.3 Disturbing Others at a Funeral ................................................................................................................. 40-4

M Crim JI 40.4 Furnishing Alcohol to a Minor .................................................................................................................. 40-5

M Crim JI 40.5 Public Intoxication.................................................................................................................................... 40-6

M Crim JI 40.6 Indecent or Obscene Conduct.................................................................................................................. 40-7

M Crim JI 40.12 Failure to Report a Dead Body ............................................................................................................... 40-8

CHAPTER 41 Invasion of Privacy 41-1

M Crim JI 41.1 Trespassing for Eavesdropping or Surveillance........................................................................................ 41-2

M Crim JI 41.2 Using a Device to Eavesdrop on a Private Conversation.......................................................................... 41-3

Michigan Model Criminal Jury Instructions

Page 1-1 Michigan Model Criminal Jury Instructions

CHAPTER 1 Instructions Before Trial

M Crim JI 1.1 Preliminary Instructions to Prospective Jurors........................................................................................... 1-2

M Crim JI 1.2 Selection of Fair and Impartial Jury ............................................................................................................ 1-3

M Crim JI 1.3 Challenges................................................................................................................................................... 1-4

M Crim JI 1.4 Juror Oath before Voir Dire ........................................................................................................................ 1-5

M Crim JI 1.5 Introduction of Judge, Parties, Counsel, and Witnesses............................................................................. 1-6

M Crim JI 1.6 Length of Trial............................................................................................................................................. 1-7

M Crim JI 1.7 Health Questions ........................................................................................................................................ 1-8

M Crim JI 1.8 Reading of Information............................................................................................................................... 1-9

M Crim JI 1.9 Presumption of Innocence, Burden of Proof, and Reasonable Doubt...................................................... 1-10

Chapter 1. Instructions Before Trial

Page 1-2 Michigan Model Criminal Jury Instructions

M Crim JI 1.1 Preliminary Instructions to Prospective Jurors

(1) Ladies and gentlemen, I am Judge _________________ , and it is my pleasure and privilege to welcome you to

the ______________________________ Court of ___________________________________.

(2) I know that jury duty may be a new experience for some of you. Jury duty is one of the most serious duties that

members of a free society are asked to perform. Our system of self-government could not exist without it.

(3) The jury is an important part of this court. The right to a jury trial is an ancient tradition and part of our heritage.

The law says that both a person who is accused of a crime and the prosecution have the right to a trial, not by

one person, but by a jury of twelve impartial persons.

(4) Jurors must be as free as humanly possible from bias, prejudice, or sympathy for either side. Each side in a trial

is entitled to jurors who keep open minds until the time comes to decide the case.

Use Note

MCR 6.412(B) states that the court should give the prospective jurors appropriate preliminary instructions before

beginning the jury selection process.

History

M Crim JI 1.1 (formerly CJI2d 1.1) was CJI 1:1:01.

Page 1-3 Michigan Model Criminal Jury Instructions

Chapter 1. Instructions Before Trial

M Crim JI 1.2 Selection of Fair and Impartial Jury

(1) A trial begins with jury selection. The purpose of this process is to obtain information about you that will help

us choose a fair and impartial jury to hear this case.

(2) During jury selection [the lawyers and] I will ask you questions. This is called the voir dire. The questions are

meant to find out if you know anything about the case. Also, we need to find out if you have any opinions or

personal experiences that might influence you for or against the prosecution, the defendant, or any witnesses.

One or more of these things could cause you to be excused in this particular case, even though you may

otherwise be qualified to be a juror.

(3) The questions may probe deeply into your attitudes, beliefs, and experiences. They are not meant to be an

unreasonable prying into your private life. The law requires that we get this information so that an impartial jury

can be chosen.

(4) If you do not hear or understand a question you should say so. If you do understand it, you should answer it

truthfully and completely. Please do not hesitate to speak freely about anything you believe we should know.

Use Note

Omit bracketed material when voir dire is being conducted by judge only.

History

M Crim JI 1.2 (formerly CJI2d 1.2) was CJI 1:1:02.

Reference Guide

Court Rules

MCR 6.412(C).

Case Law

People v Jendrzejewski, 455 Mich 495, 566 NW2d 530 (1997); People v Tyburski, 445 Mich 606, 518 NW2d 441

(1994); People v Sawyer, 215 Mich App 183, 545 NW2d 6 (1996); People v Taylor, 195 Mich App 57, 489 NW2d

99 (1992).

Chapter 1. Instructions Before Trial

Page 1-4 Michigan Model Criminal Jury Instructions

M Crim JI 1.3 Challenges

During jury selection you may be excused from serving on the jury in one of two ways. First, I may excuse you for

cause; that is, I may decide that there is a valid reason why you cannot or should not serve in this case. Or, a lawyer

from one side or the other may excuse you without giving any reason for doing so. This is called a peremptory

challenge. The law gives each side the right to excuse a certain number of jurors in this way. If you are excused, you

should not feel bad or take it personally. As I explained before, there simply may be something that causes you to

be excused from this particular case.

History

M Crim JI 1.3 (formerly CJI2d 1.3) was CJI 1:1:03.

Page 1-5 Michigan Model Criminal Jury Instructions

Chapter 1. Instructions Before Trial

M Crim JI 1.4 Juror Oath before Voir Dire

(1) I will now ask you to stand and swear to answer truthfully, fully, and honestly all the questions that you will be

asked about your qualifications to serve as a juror in this case. If you have religious beliefs against taking an

oath, you may affirm that you will answer all the questions truthfully, fully, and honestly.

(2) Here is your oath: “Do you solemnly swear (or affirm) that you will truthfully and completely answer all

questions about your qualifications to serve as jurors in this case?”

Use Note

This oath must be administered to all prospective jurors before voir dire. MCR 6.412(B).

History

M Crim JI 1.4 (formerly CJI2d 1.4) was CJI 1:1:04.

Chapter 1. Instructions Before Trial

Page 1-6 Michigan Model Criminal Jury Instructions

M Crim JI 1.5 Introduction of Judge, Parties, Counsel, and Witnesses

(1) I’d like to introduce to you the members of my staff. [Introduce court personnel and explain what they do.]

(2) This is a criminal case involving the charge of ___________________________

___________________, which I will explain more fully later. This charge has been made against the defendant, who

is ______________________________. The defendant’s lawyer is _____________________________. [Introduce

any other persons at counsel table.]

(3) The lawyer for the State of Michigan is [Assistant] Prosecuting Attorney _____________________________.

[Introduce any other persons at counsel table.]

(4) The witnesses who may be called in this case are: [Read list of witnesses.]

(5) Does anyone in the jury box [or waiting to be chosen] know the defendant or any of the lawyers or witnesses?

Use Note

The court can, if it prefers, read M Crim JI 1.8, Reading of Information, at this point.

The witnesses should not be designated as defense or prosecution witnesses but should simply be read.

History

M Crim JI 1.5 (formerly CJI2d 1.5) was CJI 1:1:05.

Page 1-7 Michigan Model Criminal Jury Instructions

Chapter 1. Instructions Before Trial

M Crim JI 1.6 Length of Trial

(1) We think that this trial will last for [days / weeks].

(2) If you believe that the length of the trial will be a real hardship for you, please let me know right now.

History

M Crim JI 1.6 (formerly CJI2d 1.6) was CJI 1:1:06.

Chapter 1. Instructions Before Trial

Page 1-8 Michigan Model Criminal Jury Instructions

M Crim JI 1.7 Health Questions

Some of you may have health problems that would prevent you from serving on a jury. For example, does anyone

have a medical problem that makes you unable to sit for two or three hours at a time? Does anyone have a sight or

hearing problem?

History

M Crim JI 1.7 (formerly CJI2d 1.7) was CJI 1:1:07.

Page 1-9 Michigan Model Criminal Jury Instructions

Chapter 1. Instructions Before Trial

M Crim JI 1.8 Reading of Information

(1) This is a criminal case. The paper used to charge the defendant with a crime is called an information*. The

information in this case charges the defendant, _______________________, with the crime of

_____________________________, and reads as follows:

[Read information.]

(2) The defendant has pled not guilty to this charge. You should clearly understand that the information I have just

read is not evidence. An information is read in every criminal trial so that the defendant and jury can hear the

charges. You must not think it is evidence of [his / her] guilt or that [he / she] must be guilty because [he / she]

has been charged.

Use Note

*The judge should say “indictment” or “complaint” where appropriate.

History

M Crim JI 1.8 (formerly CJI2d 1.8) was CJI 1:2:19-1:2:20; amended January 1991.

Reference Guide

Case Law

Tot v United States, 319 US 463 (1943).

Chapter 1. Instructions Before Trial

Page 1-10 Michigan Model Criminal Jury Instructions

M Crim JI 1.9 Presumption of Innocence, Burden of Proof, and Reasonable Doubt

(1) A person accused of a crime is presumed to be innocent. This means that you must start with the presumption

that the defendant is innocent. This presumption continues throughout the trial and entitles the defendant to a

verdict of not guilty unless you are satisfied beyond a reasonable doubt that [he / she] is guilty.

(2) Every crime is made up of parts called elements. The prosecutor must prove each element of the crime beyond

a reasonable doubt. The defendant is not required to prove [his / her] innocence or to do anything.* If you find

that the prosecutor has not proven every element beyond a reasonable doubt, then you must find the defendant

not guilty.

(3) A reasonable doubt is a fair, honest doubt growing out of the evidence or lack of evidence. It is not merely an

imaginary or possible doubt, but a doubt based on reason and common sense. A reasonable doubt is just that a

doubt that is reasonable, after a careful and considered examination of the facts and circumstances of this case.

Use Note

This instruction must be given in every case.

*For some affirmative defenses, a defendant must produce evidence. The court should instruct the jury on the

defendant’s burden of production of evidence where it is most appropriate to do so. The committee recommends that

this be done when the court instructs on the nature and requirements of the affirmative defense itself.

History

M Crim JI 1.9 (formerly CJI2d 1.9) was CJI 1:2:21 and 1:2:24. Amended November, 1990; January 1992.

Page 2-1 Michigan Model Criminal Jury Instructions

CHAPTER 2 Procedural Instructions

M Crim JI 2.1 Juror Oath Following Selection................................................................................................................... 2-2

M Crim JI 2.2 Written Copy of Instructions ...................................................................................................................... 2-3

M Crim JI 2.3 Legal Principles ........................................................................................................................................... 2-4

M Crim JI 2.4 Elements of the Charge .............................................................................................................................. 2-5

M Crim JI 2.5 Presumption of Innocence, Burden of Proof, and Reasonable Doubt........................................................ 2-6

M Crim JI 2.6 Trial Procedure ........................................................................................................................................... 2-7

M Crim JI 2.7 Function of Court and Jury ......................................................................................................................... 2-8

M Crim JI 2.8 Judging Credibility and Weight of Evidence ............................................................................................... 2-9

M Crim JI 2.9 Considering Only Evidence / What Evidence Is ........................................................................................ 2-10

M Crim JI 2.10 Questions Not Evidence.......................................................................................................................... 2-11

M Crim JI 2.11 Courts Questioning Not a Reflection of Opinion .................................................................................... 2-12

M Crim JI 2.12 Questions by Jurors Allowed .................................................................................................................. 2-13

M Crim JI 2.13 Notifying Court of Inability to Hear or See Witness or Evidence............................................................ 2-14

M Crim JI 2.14 Objections............................................................................................................................................... 2-15

M Crim JI 2.15 Disregard Out-of-Presence Hearings ...................................................................................................... 2-16

M Crim JI 2.16 Jurors Not To Discuss Case ..................................................................................................................... 2-17

M Crim JI 2.17 Caution About Publicity in Cases of Public Interest When Recessing..................................................... 2-18

M Crim JI 2.18 Sequestration of Jurors........................................................................................................................... 2-19

M Crim JI 2.19 Jurors Not to Consider Information from Outside the Courtroom......................................................... 2-20

M Crim JI 2.20 Notetaking Allowed ................................................................................................................................ 2-22

M Crim JI 2.21 Notetaking Not Allowed ......................................................................................................................... 2-23

M Crim JI 2.22 Multiple Defendants Consider Evidence and Law As It Applies to Each Defendant............................... 2-24

M Crim JI 2.23 Defendant Represents Himself or Herself .............................................................................................. 2-25

M Crim JI 2.24 Second Trial ............................................................................................................................................ 2-26

M Crim JI 2.25 Number of Jurors.................................................................................................................................... 2-27

M Crim JI 2.26 Penalty .................................................................................................................................................... 2-28

M Crim JI 2.27 Instructions to Be Taken As a Whole ...................................................................................................... 2-29

M Crim JI 2.28 Maintaining an Open Mind..................................................................................................................... 2-30

Chapter 2. Procedural Instructions

Page 2-2 Michigan Model Criminal Jury Instructions

M Crim JI 2.1 Juror Oath Following Selection

(1) Members of the jury, you have been chosen to decide a criminal charge made by the State of Michigan against

one of your fellow citizens.

(2) I will now ask you to stand and swear to perform your duty to try the case justly and to reach a true verdict. If

your religious beliefs do not permit you to take an oath, you may instead affirm to try the case justly and reach

a true verdict.

(3) Here is your oath: “Each of you do solemnly swear (or affirm) that, in this action now before the court, you will

justly decide the questions submitted to you, that, unless you are discharged by the court from further

deliberation, you will render a true verdict, and that you will render your verdict only on the evidence introduced

and in accordance with the instructions of the court, so help you God.”

Use Note

Because jeopardy attaches as soon as the jury is sworn, Crist v Bretz, 437 US 28, 32-36 (1978), the oath should not

be administered until the trial is ready to begin.

After the jury is selected and before the trial begins, the court must have the jurors sworn. MCR 6.412(F). Before

trial begins, the court should give them appropriate pretrial instructions. MCR 2.513(A).

History

M Crim JI 2.1 was formerly CJI2d 2.1, and originally was CJI 1:2:01.

Reference Guide

Statutes

MCL 768.14-.15.

Court Rules

MCR 2.511(H).

Case Law

People v Allan, 299 Mich App 205; 829 NW2d 319 (2013).

Page 2-3 Michigan Model Criminal Jury Instructions

Chapter 2. Procedural Instructions

M Crim JI 2.2 Written Copy of Instructions

You will have a written copy of the instructions I am going to read to you. You may refer to them during the trial.

Since no one can predict the course of a trial, these instructions may change at the end of the trial. At the close of

the trial, I will provide you with a copy of my final instructions for your use during deliberations.

Use Note

A copy of the Preliminary Instructions must be given to each juror. MCR 2.513(A).

History

This instruction was M Crim JI 2.3(7), which was re-written and separated from M Crim JI 2.3 in March 2022 when

Chapter 2 was re-written.

Reference Guide

Court Rules

MCR 2.513(A); 2.523(N)(3).

Chapter 2. Procedural Instructions

Page 2-4 Michigan Model Criminal Jury Instructions

M Crim JI 2.3 Legal Principles

Now I will explain some of the legal principles you will need to know and the procedure we will follow in this trial.

History

This instruction was renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M Crim JI 2.2,

which was CJI2d 2.2, and was originally CJI 1:2:08.

Page 2-5 Michigan Model Criminal Jury Instructions

Chapter 2. Procedural Instructions

M Crim JI 2.4 Elements of the Charge

Defendant is charged (in Count __ ) with __________________. To prove this charge, the prosecutor must prove

each of the following elements beyond a reasonable doubt:

[Read elements of the offense(s). Since the elements of the offense(s) may contain legal terms, definitions of those

terms should also be given.]

History

This instruction was M Crim JI 2.3(3) and was separated from M Crim JI 2.3 in March 2022 when Chapter 2 was

re-written.

Chapter 2. Procedural Instructions

Page 2-6 Michigan Model Criminal Jury Instructions

M Crim JI 2.5 Presumption of Innocence, Burden of Proof, and Reasonable Doubt

(1) A person accused of a crime is presumed to be innocent. This means that you must start with the presumption

that the defendant is innocent. This presumption continues throughout the trial and entitles the defendant to a

verdict of not guilty unless you are satisfied beyond a reasonable doubt that [he / she] is guilty.

(2) Every crime is made up of parts called elements. The prosecutor must prove each element of the crime beyond

a reasonable doubt. The defendant is not required to prove [his / her] innocence or to do anything. If you find

that the prosecutor has not proven every element beyond a reasonable doubt, then you must find the defendant

not guilty.

(3) A reasonable doubt is a fair, honest doubt growing out of the evidence or lack of evidence. It is not merely an

imaginary or possible doubt, but a doubt based on reason and common sense. A reasonable doubt is just that –

a doubt that is reasonable after a careful and considered examination of the facts and circumstances of this case.

History

This instruction repeats M Crim JI 1.9 and was included in the Procedural Instructions because it is an important

legal principle as referenced in M Crim JI 2.3. Further, MCR 2.513(A) requires that the preliminary instructions

include “the legal presumptions and burdens of proof.” The instruction was added in March 2022 when Chapter 2

was re-written.

Page 2-7 Michigan Model Criminal Jury Instructions

Chapter 2. Procedural Instructions

M Crim JI 2.6 Trial Procedure

(1) A trial follows this procedure:

(2) First, the prosecutor makes an opening statement, where [he / she] gives [his / her] theories about the case. The

defendant’s lawyer does not have to make an opening statement, but [he / she] may make an opening statement

after the prosecutor makes [his / hers], or [he / she] may wait until later. These statements are not evidence.

They are only meant to help you understand how each side views the case.

(3) Next, the prosecutor presents [his / her] evidence. The prosecutor may call witnesses to testify and may show

you exhibits like documents or objects. The defendant’s lawyer has the right to cross-examine the prosecutor’s

witnesses.

(4) After the prosecutor has presented all [his / her] evidence, the defendant’s attorney may also offer evidence, but

does not have to. By law, the defendant does not have to prove [his / her] innocence or produce any evidence.

If the defense does call any witnesses, the prosecutor has the right to cross-examine them. The prosecutor may

also call witnesses to contradict the testimony of the defense witnesses.

(5) After all the evidence has been presented, the prosecutor and the defendant’s lawyer will make their closing

arguments. Like the opening statements, these are not evidence. They are only meant to help you understand

the evidence and the way each side sees the case. You must base your verdict only on the evidence.

History

This instruction was revised by removing former Paragraphs (3) and (7), which are now found at M Crim JI 2.4 and

2.2, respectively. This instruction was also renumbered in March 2022 when Chapter 2 was re-written. Formerly,

this instruction was M Crim JI 2.3, which was previously CJI2d 2.3, and originally was CJI 1:2:14; amended

January 1991; September 2011.

Reference Guide

Court Rules

MCR 2.513(A).

Chapter 2. Procedural Instructions

Page 2-8 Michigan Model Criminal Jury Instructions

M Crim JI 2.7 Function of Court and Jury

(1) My responsibilities as the judge in this trial are to make sure that the trial is run fairly and efficiently, to make

decisions about evidence, and to instruct you about the law that applies to this case. You must take the law as

I give it to you. Nothing I say is meant to reflect my own opinions about the facts of the case. As jurors, you

are the ones who will decide this case.

(2) Your responsibility as jurors is to decide what the facts of the case are. This is your job, and no one else’s. You

must think about all the evidence and all the testimony and then decide what each piece of evidence means and

how important you think it is. This includes how much you believe what each of the witnesses said.

(3) What you decide about any fact in this case is final.

History

This instruction was renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M Crim JI 2.4,

which was CJI2d 2.4, and was originally CJI 1:2:09.

Reference Guide

Case Law

People v Mosden, 381 Mich 506; 164 NW2d 26 (1969); Spalding v Lowe, 56 Mich 366, 371; 23 NW 46 (1885);

Knowles v People, 15 Mich 408, 412 (1867); People v Derry, 23 Mich App 572; 179 NW2d 182 (1970).

Page 2-9 Michigan Model Criminal Jury Instructions

Chapter 2. Procedural Instructions

M Crim JI 2.8 Judging Credibility and Weight of Evidence

(1) Part of your job in deciding what the facts of this case are is to decide which witnesses you believe and how

important you think their testimony is. You do not have to accept or reject everything a witness says. You are

free to believe all, none, or part of any person’s testimony.

(2) In deciding which testimony you believe, you should rely on your own common sense and everyday experience.

However, in deciding whether you believe a person’s testimony, you must set aside any bias or prejudice you

may have based on the witness’s disability, race, national origin or ethnicity, gender, gender identity or sexual

orientation, or religion, age, or socio-economic status.

(3) There is no fixed set of rules for judging whether you believe a witness, but it may help you to think about these

questions:

(a) Was the witness able to see or hear clearly? How long was the witness watching or listening? Was anything

else going on that might have distracted the witness?

(b) Does the witness seem to have a good memory?

to tell the truth, or does the witness seem to evade the questions or argue with the lawyers?

(d) Does the witness’s age or maturity affect how you judge his or her testimony?

(e) Does the witness have any bias or prejudice or any personal interest in how this case is decided?

(f) Have there been any promises, threats, suggestions, or other influences that affect how the witness testifies?

(g) In general, does the witness have any special reason to tell the truth or any special reason to lie?

(h) All in all, how reasonable does the witness’s testimony seem when you think about all the other evidence

in the case?

Use Note

1. The court should add any other improper consideration where appropriate.

History

This instruction was renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M Crim JI 2.6,

which was CJI2d 2.6, and was originally CJI 1:2:16; amended March 1991; amended June 2023.

Chapter 2. Procedural Instructions

Page 2-10 Michigan Model Criminal Jury Instructions

M Crim JI 2.9 Considering Only Evidence / What Evidence Is

When it is time for you to decide the case, you are only allowed to consider the evidence that was admitted in the

case. Evidence includes only the sworn testimony of witnesses, the exhibits admitted into evidence, and anything

else I tell you to consider as evidence.

History

This instruction was renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M Crim JI 2.5,

which was CJI2d 2.5, and originally was CJI 1:2:15.

Page 2-11 Michigan Model Criminal Jury Instructions

Chapter 2. Procedural Instructions

M Crim JI 2.10 Questions Not Evidence

The questions the lawyers ask the witnesses are not evidence. Only the answers are evidence. You should not think

that something is true just because one of the lawyers asks questions that assume or suggest that it is.

History

This instruction was renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M Crim JI 2.7,

which was CJI2d 2.7, and originally was CJI 1:2:12.

Chapter 2. Procedural Instructions

Page 2-12 Michigan Model Criminal Jury Instructions

M Crim JI 2.11 Courts Questioning Not a Reflection of Opinion

I may ask some of the witnesses questions myself. These questions are not meant to reflect my opinion about the

evidence. If I ask questions, my only reason would be to ask about things that may not have been fully explored.

History

This instruction was renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M Crim JI 2.8,

which was CJI2d 2.8, and originally was CJI 1:2:11.

Page 2-13 Michigan Model Criminal Jury Instructions

Chapter 2. Procedural Instructions

M Crim JI 2.12 Questions by Jurors Allowed

(1) During the trial you may think of an important question that would help you understand the facts in this case.

You are allowed to ask such questions.

(2) You should wait to ask questions until after a witness has finished testifying and both sides have finished their

questioning. If you still have an important question after this, do not ask it yourself. Raise your hand, write the

question down, and pass it to court staff,

who will give it to me. Do not show your question to other jurors.

(3) If your question is not asked, it is because I determined under the law that the question should not be asked. Do

not speculate about why the question was not asked. In other words, you should draw no conclusions or

inferences about the facts of the case, nor should you speculate about what the answer might have been. Also,

in considering the evidence you should not give greater weight to testimony merely because it was given in

answer to questions submitted by members of the jury.

Use Note

1. The court may identify the staff member(s) to whom jurors should provide a written question.

History

This instruction was revised [former Paragraph (4) is now found at M Crim JI 2.13] and this instruction was

renumbered in March 2022 when Chapter 2 was re-written. Formerly, this instruction was M Crim JI 2.9, which

was CJI2d 2.9, and originally was CJI 2:1:06. Amended September, 2000; September, 2011.

Reference Guide

Court Rules

MCR 2.513(I).

Case Law

People v Heard, 388 Mich 182; 200 NW2d 73 (1972); People v Wesley, 148 Mich App 758; 384 NW2d 783 (1985),

aff’d, 428 Mich 708; 411 NW2d 159 (1987).

Chapter 2. Procedural Instructions

Page 2-14 Michigan Model Criminal Jury Instructions

M Crim JI 2.13 Notifying Court of Inability to Hear or See Witness or Evidence

If you cannot hear something that is said or presented, or if you cannot see a witness or evidence, please raise your

hand immediately.

History

This instruction was M Crim JI 2.9(4) and was separated from M Crim JI 2.9 in March 2022 when Chapter 2 was

re-written.

Page 2-15 Michigan Model Criminal Jury Instructions

Chapter 2. Procedural Instructions

M Crim JI 2.14 Objections

During the trial the lawyers may object to certain questions or statements made by the other lawyers or witnesses.

I will rule on these objections according to the law. My rulings for or against one side or the other are not meant to

reflect my opinions about the facts of the case.

History

This instruction was renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M Crim JI 2.10,

which was CJI2d 2.10, and originally was CJI 2:1:10.

Chapter 2. Procedural Instructions

Page 2-16 Michigan Model Criminal Jury Instructions

M Crim JI 2.15 Disregard Out-of-Presence Hearings

Sometimes the lawyers and I will have discussions out of your hearing. Also, while you are in the jury room I may

have to take care of other matters that have nothing to do with this case. Pay no attention to these interruptions.

History

This instruction was renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M Crim JI 2.11,

which was CJI2d 2.11, and originally was CJI 2:1:07.

Page 2-17 Michigan Model Criminal Jury Instructions

Chapter 2. Procedural Instructions

M Crim JI 2.16 Jurors Not To Discuss Case

You must not discuss the case with anyone, including your family or friends. You must not even discuss it with the

other jurors until the time comes for you to decide the case. When it is time for you to decide the case, I will send

you to the jury room for that purpose. Then you should discuss the case among yourselves, but only in the jury room

and only when all the jurors are there.

You must not talk to the defendant, the lawyers, the witnesses, or anyone who may be connected to this case. This

means that you may not speak to these individuals, even if it has nothing to do with this case. You should be very

cautious about speaking to people because you may inadvertently speak to someone connected to this case. This

restriction is necessary to avoid even the appearance of any improper conduct on any person’s part.

If anyone tries to discuss the case with you or in your presence, tell them to stop. Explain that you are a juror and

you are not allowed to discuss the case. If they continue, leave. Report the incident to court staff

as soon as you

return to court.

When the trial is over, these restrictions no longer apply. When the trial is over, you may, if you wish, discuss the

case with anyone.

Use Note

1. The court may identify the staff member(s) to whom jurors should report any incident of persons attempting to

talk to them.

History

This instruction combined and revised M Crim JI 2.12 and 2.13 in March 2022 when Chapter 2 was re-written. M

Crim JI 2.12 was CJI2d 2.12, and originally was CJI 1:2:03. The instruction was modified in September, 1996, to

clarify that the jury should not discuss the case until sent to the jury room “for that purpose” by the court. M Crim

JI 2.13 was CJI2d 2.13, and originally was CJI 1:2:04.

Reference Guide

Court Rules

MCR 2.513(B).

Case Law

People v Budzyn and People v Nevers, 456 Mich 77; 566 NW2d 229 (1997); People v France, 436 Mich 138; 461

NW2d 621 (1990).

Chapter 2. Procedural Instructions

Page 2-18 Michigan Model Criminal Jury Instructions

M Crim JI 2.17 Caution About Publicity in Cases of Public Interest When Recessing

[Give this instruction when recessing:]

During the trial, do not read, listen to, or watch any news reports about the case. Under the law, the evidence you

consider to decide the case must meet certain standards. For example, witnesses must swear to tell the truth, and the

lawyers must be able to cross-examine them. Because news reports do not have to meet these standards, they could

give you incorrect or misleading information that might unfairly favor one side. So, to be fair to both sides, you must

follow this instruction.

Use Note

In any case that appears likely to be of significant public interest, an admonition should be given before the end of

the first day if the jury is not sequestered. If the process of selecting a jury is a lengthy one, such an admonition may

also be given to each juror when selected. At the end of each subsequent day of the trial, and at other recess periods

if the court deems it necessary, an admonition should be given. See generally American Bar Association Standards

Relating to the Administration of Criminal Justice (Approved Draft, 1978), Fair Trial and Free Press, 8-3.6(c) and

Commentary, pp 8-49 et seq. (2d ed 1978).

History

This instruction was re-worded and renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M

Crim JI 2.14, which was CJI2d 2.14, and originally included portions of CJI 1:2:05, 1:2:25, and 2:1:07.

Reference Guide

Case Law

People v Hicks, 185 Mich App 107, 114-117; 460 NW2d 569 (1990).

Page 2-19 Michigan Model Criminal Jury Instructions

Chapter 2. Procedural Instructions

M Crim JI 2.18 Sequestration of Jurors

(1) Because this case has gotten so much public attention, I have reluctantly decided that you will not be allowed

to go home at the end of the day. Instead, you will stay together. I know this will be difficult for all of you, and

you should tell me if this causes you any special hardship.

(2) You may wonder why this is necessary. In fairness to both sides, it is necessary for you to stay together and

away from any outside information. Please do not communicate in any way with anyone except the other jurors

without telling one of the court staff.

Also, you must not read any newspapers or magazines except for the ones

the bailiffs give you. I have told the bailiffs to remove all articles about the trial from the reading material.

(3) We will do everything we can to make you as comfortable as possible. The bailiff will help you with anything

you need.

Use Note

Sequestration of the jury is within the discretion of the trial court. See MCL 768.16. It may be constitutionally

required in extreme cases. See Sheppard v Maxwell, 384 US 333 (1966).

1. The court may identify the staff member(s) to whom jurors should report a need to communicate with someone

not on the jury.

History

This instruction was renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M Crim JI 2.15,

which was CJI2d 2.15, and originally was CJI 2:1:08.

Reference Guide

Statutes

MCL 768.16.

Case Law

Sheppard v Maxwell, 384 US 333 (1966).

Chapter 2. Procedural Instructions

Page 2-20 Michigan Model Criminal Jury Instructions

M Crim JI 2.19 Jurors Not to Consider Information from Outside the Courtroom

The restrictions I am about to describe are meant to ensure that the parties get a fair trial. In our judicial system, it

is crucial that jurors are not influenced by anything or anyone outside the courtroom. Under the law, the evidence

you consider must meet certain standards. For example, witnesses must swear to tell the truth, and the lawyers must

be able to cross-examine them. Because information obtained outside the courtroom does not have these safeguards,

it could give you incorrect or misleading information that might unfairly favor one side. These restrictions start now

and continue until I discharge you from jury service:

(1) It is your duty as a juror to decide this case based solely on the evidence you see and hear in this courtroom. You

must not consider information that comes from anywhere else.

(2) This means that until you deliver your verdict, you must not read, watch, listen to, or receive any information,

including opinions or commentary about the case, whether in newspapers, on television, the radio, the Internet,

or on social media platforms.

(3) You also must not research any aspect of the case during the trial. This means research using a cellular phone,

computer, or other electronic device to search the Internet, as well as research with traditional sources like

dictionaries, reference manuals, newspapers, or magazines.

(4) You must not investigate the case on your own or conduct any experiments concerning the case, including

investigation or experiments using the Internet, cellular phones, computers, or other electronic devices.

(5) You must not visit the scene of any event at issue in this trial. If it is necessary for you to view or visit the scene,

court staff will take you there as a group, under court supervision. You must not consider as evidence any

personal knowledge you have of the scene.

(6) You must not share any information about the case by any means, including cellular phones or social media.

This means that even if you are not discussing the case with someone else, you may not post any information

about the case on social media websites or in any other manner.

(7) If you discover that a juror has violated my instructions, report it to court staff.

Use Note

1. The court may identify the staff member(s) to whom jurors should report any violation of the court’s

instructions.

History

This instruction was renumbered and revised in March 2022 when Chapter 2 was re-written. Formerly, it was M

Crim JI 2.16, which was CJI2d 2.16, and originally was CJI 1:2:06. It was amended May 2009; July 2009 (to comply

with the amendment to MCR 2.511); and May 2013.

Page 2-21 Michigan Model Criminal Jury Instructions

Chapter 2. Procedural Instructions

Reference Guide

Court Rules

MCR 2.511.

Case Law

People v Messenger, 221 Mich App 171; 561 NW2d 463 (1997).

Chapter 2. Procedural Instructions

Page 2-22 Michigan Model Criminal Jury Instructions

M Crim JI 2.20 Notetaking Allowed

You may take notes during the trial if you wish, but of course you don’t have to. If you do take notes, you should

be careful that it does not distract you from paying attention to all the evidence. When you go to the jury room to

decide your verdict, you may use your notes to help you remember what happened in the courtroom. If you take

notes, do not let anyone except the other jurors see them during deliberations. [Describe the process the court will

use to secure notes each day.] Your notes will not be examined by anyone, and when your jury service concludes,

your notes will be collected and destroyed.

Use Note

If the court decides to allow notetaking, this instruction must be given.

History

This instruction was revised and renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M

Crim JI 2.17, which was CJI2d 2.17, and originally was CJI 2:1:04. Amended September, 2011.

Reference Guide

Court Rules

MCR 2.513(H).

Page 2-23 Michigan Model Criminal Jury Instructions

Chapter 2. Procedural Instructions

M Crim JI 2.21 Notetaking Not Allowed

I don’t believe that it is desirable or helpful for you to take notes during this trial. If you take notes, you might not

be able to give your full attention to the evidence. So please do not take any notes while you are in the courtroom.

Use Note

This instruction should be given only when a juror requests to take notes, and the court decides not to allow

notetaking.

History

This instruction was revised and renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M

Crim JI 2.18, which was CJI2d 2.18, and originally was CJI 2:1:05.

Reference Guide

Court Rules

MCR 2.513(H).

Chapter 2. Procedural Instructions

Page 2-24 Michigan Model Criminal Jury Instructions

M Crim JI 2.22 Multiple Defendants Consider Evidence and Law As It Applies to Each

Defendant

(1) There is more than one defendant in this case. The fact that they are on trial together is not evidence that they

were associated with each other or that either one is guilty.

(2) You should consider each defendant separately. Each is entitled to have [his / her] case decided on the evidence

and the law that applies to [him / her].

(3) If any evidence is limited to [one defendant / some defendants] you should not consider it as to any other

defendants.

Use Note

This instruction must be given when there are two or more defendants.

1. Omit paragraph (3) to avoid confusion in conspiracy cases.

History

This instruction was revised and renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M

Crim JI 2.19, which was CJI2d 2.19, and originally was CJI 2:1:01; amended January 1991.

Reference Guide

Case Law

People v Liggett, 378 Mich 706; 148 NW2d 784 (1967).

Page 2-25 Michigan Model Criminal Jury Instructions

Chapter 2. Procedural Instructions

M Crim JI 2.23 Defendant Represents Himself or Herself

In this case, the defendant, ___________________________, is representing [himself / herself]. This fact should

not affect your decision in any way. The defendant has the right to represent [himself / herself], and [he / she] has

chosen to exercise that right. [A lawyer, _____________________________, is present if the defendant wishes to

consult (him / her).]

History

This instruction was renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M Crim JI 2.20,

which was CJI2d 2.20, and originally was CJI 2:1:02; amended January 1991.

Reference Guide

Court Rules

MCR 6.005(D), (E).

Case Law

Faretta v California, 422 US 806 (1975); People v Adkins and People v Suggs, 452 Mich 702, 726-727; 551 NW2d

108 (1996); People v Dennany, 445 Mich 412, 438; 519 NW2d 128 (1995); People v Bladel, 421 Mich 39, 63 n20;

365 NW2d 56 (1985), aff’d sub nom People v Jackson, 475 US 625 (1986), overruled on other grounds by Montejo

v Louisiana, 556 US 778 (2009); People v Anderson, 398 Mich 361; 247 NW2d 857 (1976).

Chapter 2. Procedural Instructions

Page 2-26 Michigan Model Criminal Jury Instructions

M Crim JI 2.24 Second Trial

This case has been tried before, and during this trial you may hear some references to the first trial. Sometimes a

case must be retried before a new jury, and you should not pay any attention to the fact that this is the second trial.

Your verdict must be based only on the evidence in this trial. You must decide the facts only from the evidence that

you yourself hear and see in this trial.

History

This instruction was revised and renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M

Crim JI 2.21, which was CJI2d 2.21, and originally was CJI 2:1:03.

Page 2-27 Michigan Model Criminal Jury Instructions

Chapter 2. Procedural Instructions

M Crim JI 2.25 Number of Jurors

You can see that we have chosen a jury of [thirteen / fourteen]. After you have heard all of the evidence and my

instructions, we will draw lots to decide which [one / two] of you will be dismissed to form a jury of twelve.

History

This instruction was renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M Crim JI 2.22,

which was CJI2d 2.22, and originally was CJI 1:2:02.

Reference Guide

Court Rules

MCR 6.411.

Chapter 2. Procedural Instructions

Page 2-28 Michigan Model Criminal Jury Instructions

M Crim JI 2.26 Penalty

Possible penalty should not influence your decision. If you find the defendant guilty, it is the duty of the judge to

fix the penalty within the limits provided by law.

History

This instruction was revised and renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M

Crim JI 2.23, which was CJI2d 2.23, and originally was CJI 3:1:19.

Reference Guide

Case Law

People v Goad, 421 Mich 20; 364 NW2d 584 (1984); People v Szczytko, 390 Mich 278, 285; 212 NW2d 211 (1973).

Page 2-29 Michigan Model Criminal Jury Instructions

Chapter 2. Procedural Instructions

M Crim JI 2.27 Instructions to Be Taken As a Whole

I may give you more instructions during the trial. After all the evidence has been presented, you will hear the

lawyers’ closing arguments. Following the closing arguments, I will give you additional instructions about the rules

of law that apply to this case. You should consider all of my instructions as a connected series. Taken all together,

they are the law you must follow.

After my final instructions, you will go to the jury room to decide on your verdict. A verdict must be unanimous.

That means that every juror must agree on it, and it must reflect the individual decision of each juror.

Use Note

The court may, at its discretion and on notice to the parties, instruct the jury before closing arguments.

History

This instruction combined and revised M Crim JI 2.24 and 2.25 in March 2022 when Chapter 2 was re-written. M

Crim JI 2.24, was CJI2d 2.24, and originally was CJI 1:2:13. M Crim JI 2.25, was CJI2d 2.25, and originally was

CJI 1:2:18.

Reference Guide

Court Rules

MCR 2.513(N); MCR 6.410.

Case Law

People v Dye, 356 Mich 271; 96 NW2d 788 (1959), cert denied, 361 US 935 (1960); People v Finley, 38 Mich 482

(1878); People v McKinley, 168 Mich App 496; 425 NW2d 460 (1988).

People v Sanford, 402 Mich 460, 265 NW2d 1 (1978); People v Burden, 395 Mich 462, 236 NW2d 505

(1975); People v Johnson, 101 Mich App 748, 300 NW2d 511 (1980).

Chapter 2. Procedural Instructions

Page 2-30 Michigan Model Criminal Jury Instructions

M Crim JI 2.28 Maintaining an Open Mind

It is important for you to keep an open mind and not make a decision about anything in the case until you go to the

jury room to decide the case.

You must not let bias, prejudice, or public opinion influence your decision. Each of us may have biases or

perceptions about other people based on stereotypes. We may be aware of some of our biases, though we do not

express them. We may not be fully aware of some of our other biases. Take the time you need to test what might

be automatic or instinctive judgments and to reflect carefully about the evidence. I caution you again to avoid

reaching conclusions that may have been unintentionally influenced by stereotypes. You must reach your own

conclusions about this case individually, but you should do so only after listening to and considering the opinions

of the other jurors, who may have different backgrounds and perspectives from yours.

History

This instruction was renumbered in March 2022 when Chapter 2 was re-written. Formerly, it was M Crim JI 2.26,

which was CJI2d 2.26, and originally was CJI 1:2:01; amended May 2020.

Page 3-1 Michigan Model Criminal Jury Instructions

CHAPTER 3 Composite Instructions

M Crim JI 3.1 Duties of Judge and Jury ............................................................................................................................. 3-3

M Crim JI 3.2 Presumption of Innocence, Burden of Proof, and Reasonable Doubt........................................................ 3-4

M Crim JI 3.3 Defendant Not Testifying............................................................................................................................ 3-6

M Crim JI 3.4 Defendant-Impeachment by Prior Conviction............................................................................................ 3-7

M Crim JI 3.5 Evidence...................................................................................................................................................... 3-8

M Crim JI 3.5a Summary of Evidence ............................................................................................................................. 3-10

M Crim JI 3.6 Witnesses-Credibility ................................................................................................................................ 3-11

M Crim JI 3.7 Multiple Defendants................................................................................................................................. 3-13

M Crim JI 3.8 Less Serious Crimes................................................................................................................................... 3-14

M Crim JI 3.9 Specific Intent [DELETED] ......................................................................................................................... 3-15

M Crim JI 3.10 Time and Place (Venue) .......................................................................................................................... 3-16

M Crim JI 3.10a Time and Place (Venue)-Criminal Sexual Conduct Cases...................................................................... 3-17

M Crim JI 3.11 Deliberations and Verdict ....................................................................................................................... 3-18

M Crim JI 3.11a Replacement Juror................................................................................................................................ 3-20

M Crim JI 3.12 Deadlocked Jury...................................................................................................................................... 3-21

M Crim JI 3.13 Penalty .................................................................................................................................................... 3-23

M Crim JI 3.14 Communications with the Court............................................................................................................. 3-24

M Crim JI 3.15 Exhibits.................................................................................................................................................... 3-25

M Crim JI 3.16 Written or Electronically Recorded Instructions in the Jury Room ........................................................ 3-26

M Crim JI 3.17 Single Defendant-Single Count ............................................................................................................... 3-27

M Crim JI 3.18 Multiple Defendants-Single Count.......................................................................................................... 3-28

M Crim JI 3.19 Single Defendant-Multiple Counts-Single Wrongful Act ........................................................................ 3-29

M Crim JI 3.20 Single Defendant-Multiple Counts-More Than One Wrongful Act......................................................... 3-30

M Crim JI 3.21 Multiple Defendants-Multiple Counts-Single Wrongful Act................................................................... 3-31

M Crim JI 3.22 Multiple Defendants-Multiple Counts-More Than One Wrongful Act ................................................... 3-32

M Crim JI 3.23 Verdict Form ........................................................................................................................................... 3-33

M Crim JI 3.24 Verdict Form ........................................................................................................................................... 3-34

M Crim JI 3.25 Verdict Form ........................................................................................................................................... 3-35

M Crim JI 3.26 Verdict Form ........................................................................................................................................... 3-36

M Crim JI 3.27 Verdict Form ........................................................................................................................................... 3-37

M Crim JI 3.28 Verdict Form (Multiple Counts) .............................................................................................................. 3-38

Chapter 3. Composite Instructions

Page 3-2 Michigan Model Criminal Jury Instructions

M Crim JI 3.29 Verdict Form (Insanity Defense) ............................................................................................................. 3-39

M Crim JI 3.30 Verdict Form (Lesser Offenses)............................................................................................................... 3-40

M Crim JI 3.31 Verdict Form (Insanity Defense with Lesser Offenses)........................................................................... 3-42

M Crim JI 3.32 Verdict Form (Single Count).................................................................................................................... 3-43

M Crim JI 3.33 Verdict Form for Open Murder............................................................................................................... 3-45

Page 3-3 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.1 Duties of Judge and Jury

(1) Members of the jury, the evidence and arguments in this case are finished, and I will now instruct you on the

law. That is, I will explain the law that applies to this case.

(2) Remember that you have taken an oath to return a true and just verdict, based only on the evidence and my

instructions on the law. You must not let sympathy, bias, or prejudice influence your decision. You must avoid

reaching conclusions that may have been unintentionally influenced by stereotypes. You must reach your own

conclusions about this case individually, but you should do so only after listening to and considering the

opinions of the other jurors, who may have different backgrounds and perspectives from yours.

(3) As jurors, you must decide what the facts of this case are. This is your job, and nobody else’s. You must think

about all the evidence and then decide what each piece of evidence means and how important you think it is.

This includes whether you believe what each of the witnesses said. What you decide about any fact in this case

is final.

(4) It is my duty to instruct you on the law. You must take the law as I give it to you. If a lawyer says something

different about the law, follow what I say. At various times, I have already given you some instructions about

the law. You must take all my instructions together as the law you are to follow. You should not pay attention

to some instructions and ignore others.

(5) To sum up, it is your job to decide what the facts of the case are, to apply the law as I give it to you, and, in that

way, to decide the case.

Use Note

This instruction should be given in every case. On notice to the parties, the court, in its discretion, may give the final

jury instructions to the jury before the parties make closing arguments.

History

M Crim JI 3.1 (formerly CJI2d 3.1) was CJI 3:1:01. This instruction was amended by the committee in May, 2004,

and amended again in May, 2020.

Reference Guide

Court Rules

MCR 2.513(N).

Chapter 3. Composite Instructions

Page 3-4 Michigan Model Criminal Jury Instructions

M Crim JI 3.2 Presumption of Innocence, Burden of Proof, and Reasonable Doubt

(1) A person accused of a crime is presumed to be innocent. This means that you must start with the presumption

that the defendant is innocent. This presumption continues throughout the trial and entitles the defendant to a

verdict of not guilty unless you are satisfied beyond a reasonable doubt that [he / she] is guilty.

(2) Every crime is made up of parts called elements. The prosecutor must prove each element of the crime beyond

a reasonable doubt. The defendant is not required to prove [his / her] innocence or to do anything.* If you find

that the prosecutor has not proven every element beyond a reasonable doubt, then you must find the defendant

not guilty.

(3) A reasonable doubt is a fair, honest doubt growing out of the evidence or lack of evidence. It is not merely an

imaginary or possible doubt, but a doubt based on reason and common sense. A reasonable doubt is just that: a

doubt that is reasonable, after a careful and considered examination of the facts and circumstances of this case.

Use Note

This instruction must be given in every case.

*For some affirmative defenses, a defendant must produce evidence. The court should instruct the jury on the

defendant’s burden of production of evidence where it is most appropriate to do so. The committee recommends this

be done when the court instructs on the nature and requirements of the affirmative defense itself.

History

M Crim JI 3.2 (formerly CJI2d 3.2) was CJI 3:1:02-3:1:05. Amended November 1990; January 1992.

Reference Guide

Case Law

Victor v Nebraska, 511 US 1, 5 (1994); Martin v Ohio, 480 US 228 (1987); Sandstrom v Montana, 442 US 510, 517-

524 (1979); County Court of Ulster County v Allen, 442 US 140, 156-157 (1979); Kentucky v Whorton, 441 US 786,

789 (1979); Taylor v Kentucky, 436 US 478, 487-488 (1978); In re Winship, 397 US 358, 364 (1970); Davis v United

States, 160 US 469, 486-487 (1895); People v Allen, 466 Mich 86, 643 NW2d 227 (2002); People v Nowack, 462

Mich 392, 400, 614 NW2d 78 (2000); People v Konrad, 449 Mich 263, 273, 536 NW2d 517 (1995); People v

Murphy, 416 Mich 453, 463-464, 331 NW2d 152 (1982); People v Wright, 408 Mich 1, 19-26, 289 NW2d 1 (1980);

People v Gallagher, 404 Mich 429, 437-439, 273 NW2d 440 (1979); People v D’Angelo, 401 Mich 167, 182-183,

257 NW2d 655 (1977); People v Bagwell, 295 Mich 412, 419, 295 NW 207 (1940); People v Williams, 208 Mich

586, 594-595, 175 NW 187 (1919); People v Ezzo, 104 Mich 341, 342-343, 62 NW 407 (1895); People v Potter, 89

Mich 353, 355, 50 NW 994 (1891); People v Macard, 73 Mich 15, 26, 40 NW 784 (1888); People v DeFore, 64

Mich 693, 701, 31 NW 585 (1887); People v Steubenvoll, 62 Mich 329, 334, 28 NW 883 (1886); People v Finley,

38 Mich 482, 483 (1878); Hamilton v People, 29 Mich 173 (1874); People v Hill, 257 Mich App 126, 667 NW2d

Page 3-5 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

78 (2003); People v Snider, 239 Mich App 393, 420-421, 608 NW2d 502 (2000); People v Cooper, 236 Mich App

643, 656, 601 NW2d 409 (1999); People v Hubbard (After Remand), 217 Mich App 459, 487, 552 NW2d 493

(1996), overruled in part on other grounds by People v Harris, 495 Mich 120, ___ NW2d ___ (2014) and People v

Bryant, 491 Mich 575, 822 NW2d 124, cert denied, 133 S Ct 664 (2012); People v Sammons, 191 Mich App 351,

372, 478 NW2d 901 (1991), cert denied, 505 US 1213 (1992); People v Jackson, 167 Mich App 388, 390-391; 421

NW2d 697 (1988).

Chapter 3. Composite Instructions

Page 3-6 Michigan Model Criminal Jury Instructions

M Crim JI 3.3 Defendant Not Testifying

Every defendant has the absolute right not to testify. When you decide the case, you must not consider the fact that

[he / she] did not testify. It must not affect your verdict in any way.

Use Note

When the defendant does not take the stand, the trial court should ascertain before giving instructions whether the

defense wishes this instruction to be given.

If the defendant or counsel requests that no instruction be given, no instruction shall be given.

If the defendant or counsel requests an instruction, an instruction shall be given. (In cases involving more than one

defendant, the court shall give the instruction upon the request of any defendant.)

When used, this instruction should be given in conjunction with the instruction on presumption of innocence and

burden of proof.

History

M Crim JI 3.3 (formerly CJI2d 3.3) was CJI 3:1:06; amended January 1991.

Reference Guide

Case Law

Griffin v State of California, 380 US 609 (1965); People v Hampton, 394 Mich 437, 438, 231 NW2d 654 (1975);

People v Roberson, 167 Mich App 501, 423 NW2d 245 (1988).

Page 3-7 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.4 Defendant-Impeachment by Prior Conviction

(1) There is evidence that the defendant has been convicted of a crime* in the past.

(2) You may consider this evidence only in deciding whether you believe the defendant is a truthful witness. You

may not use it for any other purpose. A past conviction is not evidence that the defendant committed the alleged

crime in this case.

Use Note

This instruction should be given when a prior criminal conviction has been admitted into evidence for impeachment.

*The defendant may request that the specific crime or crimes be named.

History

M Crim JI 3.4 (formerly CJI2d 3.4) was CJI 3:1:08.

Reference Guide

Case Law

People v Jacks, 76 Mich 218, 222, 42 NW 1134 (1889).

Chapter 3. Composite Instructions

Page 3-8 Michigan Model Criminal Jury Instructions

M Crim JI 3.5 Evidence

(1) When you discuss the case and decide on your verdict, you may only consider the evidence that has been

properly admitted in this case. Therefore, it is important for you to understand what is evidence and what is not

evidence.

(2) Evidence includes only the sworn testimony of witnesses [, the exhibits admitted into evidence, and anything

else I told you to consider as evidence]

(3) Many things are not evidence, and you must be careful not to consider them as such. I will now describe some

of the things that are not evidence.

(4) The fact that the defendant is charged with a crime and is on trial is not evidence. [Likewise, the fact that (he /

she) is charged with more than one crime is not evidence.]

(5) The lawyers’ statements and arguments [and any commentary] are not evidence. They are only meant to help

you understand the evidence and each side’s legal theories. You should only accept things the lawyers say that

are supported by the evidence or by your own common sense and general knowledge. The lawyers’ questions

to the witnesses [, your questions to the witnesses,] and my questions to the witnesses are also not evidence. You

should consider these questions only as they give meaning to the witnesses’ answers.

(6) My comments, rulings, questions, [summary of the evidence,] and instructions are also not evidence. It is my

duty to see that the trial is conducted according to the law, and to tell you the law that applies to this case.

However, when I make a comment or give an instruction, I am not trying to influence your vote or express a

personal opinion about the case. If you believe that I have an opinion about how you should decide this case,

you must pay no attention to that opinion. You are the only judges of the facts, and you should decide this case

from the evidence.

(7) At times during the trial, I have excluded evidence that was offered or stricken testimony that was heard. Do not

consider those things in deciding the case. Make your decision only on the evidence that I let in, and nothing

else.

[(8) Your decision should be based on all the evidence, regardless of which party produced it.]

(9) You should use your own common sense and general knowledge in weighing and judging the evidence, but you

should not use any personal knowledge you may have about a place, person, or event. To repeat once more, you

must decide this case based only on the evidence admitted during this trial.

Use Note

This instruction should be given in every case. Bracketed portions of the instruction should be given only when

appropriate to the case.

If helpful, describe the exhibits admitted into evidence.

Page 3-9 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

For use when requested by counsel.

In a case with a self-represented defendant, this instruction may need to be modified.

History

M Crim JI 3.5 (formerly CJI2d 3.5) was CJI 3:1:09. Amended January 1991; September 2011.

Chapter 3. Composite Instructions

Page 3-10 Michigan Model Criminal Jury Instructions

M Crim JI 3.5a Summary of Evidence

I will now summarize the evidence for you. It is intended only as a summary and you should consider all of the

evidence when deciding this case, even if I do not mention all of the evidence in this summary. Remember that it is

your job to decide what the facts of this case are. This is your job and nobody else’s. It is for you to determine the

weight of the evidence and the credit to be given to the witnesses, and you are free to decide that something I have

not mentioned, but which has been admitted into evidence, is significant to your decision. You are not bound by my

summary of the evidence.

[Summarize the evidence.]

Again, it is for you to determine for yourself the weight of the evidence and the credit to be given to the witnesses.

You are not bound by my summation.

Use Note

In the rare instance the court gives a summary of the evidence, an instruction of this nature must be given. Also, “the

court shall not comment on the credibility of witnesses or state a conclusion on the ultimate issue of fact before the

jury.”? MCR 2.513(M).

History

M Crim JI 3.5a (formerly CJI2d 3.5a) was adopted by the committee in September, 2011.

Reference Guide

Court Rules

MCR 2.513(M).

Page 3-11 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.6 Witnesses-Credibility

(1) As I said before, it is your job to decide what the facts of this case are. You must decide which witnesses you

believe and how important you think their testimony is. You do not have to accept or reject everything a witness

said. You are free to believe all, none, or part of any person’s testimony.

(2) In deciding which testimony you believe, you should rely on your own common sense and everyday experience.

However, in deciding whether you believe a person’s testimony, you must set aside any bias or prejudice you

may have based on a witness’s disability, race, national origin or ethnicity, gender, gender identity or sexual

orientation, or religion, age, or socio-economic status.

Again, take the time you need to test what might be

automatic or instinctive judgments, and to reflect carefully about the evidence.

(3) There is no fixed set of rules for judging whether you believe a witness, but it may help you to think about these

questions:

(a) Was the witness able to see or hear clearly? How long was the witness watching or listening? Was anything

else going on that might have distracted the witness?

(b) Did the witness seem to have a good memory?

tell the truth, or did the witness seem to evade the questions or argue with the lawyers?

(d) Does the witness’s age or maturity affect how you judge his or her testimony?

(e) Does the witness have any bias, prejudice, or personal interest in how this case is decided?

(f) Have there been any promises, threats, suggestions, or other influences that affected how the witness

testified?

(g) In general, does the witness have any special reason to tell the truth, or any special reason to lie?

(h) All in all, how reasonable does the witness’s testimony seem when you think about all the other evidence

in the case?

(4) Sometimes the testimony of different witnesses will not agree, and you must decide which testimony you accept.

You should think about whether the disagreement involves something important or not, and whether you think

someone is lying or is simply mistaken. People see and hear things differently, and witnesses may testify

honestly but simply be wrong about what they thought they saw or remembered. It is also a good idea to think

about which testimony agrees best with the other evidence in the case.

(5) However, you may conclude that a witness deliberately lied about something that is important to how you decide

the case. If so, you may choose not to accept anything that witness said. On the other hand, if you think the

witness lied about some things but told the truth about others, you may simply accept the part you think is true

and ignore the rest.

Chapter 3. Composite Instructions

Page 3-12 Michigan Model Criminal Jury Instructions

Use Note

This instruction should be given in every case.

The court should add any other improper consideration where appropriate.

History

M Crim JI 3.6 (formerly CJI2d 3.6) was CJI 3:1:11-3:1:13; amended March, 1991; amended May, 2020; amended

June, 2023.

Reference Guide

Case Law

Spalding v Lowe, 56 Mich 366, 371, 23 NW 46 (1885); Knowles v People, 15 Mich 408, 412 (1867).

Page 3-13 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.7 Multiple Defendants

(1) ____________________________ and __________________________ are both on trial in this case. The fact

that they are on trial together is not evidence that they were associated with each other or that either one is guilty.

(2) You should consider each defendant separately. Each is entitled to have [his / her] case decided on the evidence

and the law that applies to [him / her].

[(3) If any evidence was limited to (one defendant / some defendants) you should not consider it as to any other

defendants.]

Use Note

This instruction must be given when there are two or more defendants. Omit bracketed material to avoid confusion

in conspiracy cases.

History

M Crim JI 3.7 (formerly CJI2d 3.7) was CJI 3:1:14; amended January 1991.

Reference Guide

Case Law

People v Liggett, 378 Mich 706, 148 NW2d 784 (1967).

Chapter 3. Composite Instructions

Page 3-14 Michigan Model Criminal Jury Instructions

M Crim JI 3.8 Less Serious Crimes

You may also consider whether [the defendant is / the defendants are] guilty of the less serious crime of [name lesser

included charge]. To prove this charge, the prosecutor must prove each of the following elements beyond a

reasonable doubt:

[Provide elements of lesser included offense(s).]

Use Note

In some instructions, the language necessary for providing the jury with an instruction on lesser included offenses

may be found within the instruction itself. In some instances, it will be necessary to use this instruction to introduce

the lesser included offense(s).

History

M Crim JI 3.8 (formerly CJI2d 3.8) was CJI 3:1:15, and was amended December 2019.

Reference Guide

Case Law

People v Smith, 478 Mich 64, 66, 731 NW2d 411 (2007); People v Mendoza, 468 Mich 527, 664 NW2d 685 (2003);

People v Reese, 466 Mich 440, 647 NW2d 498 (2002); People v Cornell, 466 Mich 335, 646 NW2d 127 (2002);

People v Silver, 466 Mich 386, 646 NW2d 150 (2002); People v Hall (On Remand), 256 Mich App 674, 671 NW2d

545 (2003).

Page 3-15 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.9 Specific Intent [DELETED]

Note: This instruction was deleted by the committee in May, 2005. The decision to delete the instruction was

premised upon the supreme court’s opinion in People v Maynor, 470 Mich 289, 683 NW2d 565 (2004).

Discussing the first-degree child abuse statute, MCL 750.136b(2), the Maynor majority noted that, in light of

the state of mind requirement expressed in M Crim JI 17.18:

[I]t is unnecessary for the jury to be given further instruction on “specific intent,” such as that found in CJI2d 3.9.

The need to draw the common-law distinction between “specific”? and “general” intent is not required under the

plain language of the statute, as long as the jury is instructed that it must find that defendant either knowingly or

intentionally caused the harm. Moreover, the enactment of MCL 768.37, which abolished the defense of voluntary

intoxication except in one narrow circumstance, has significantly diminished the need to categorize crimes as being

either “specific” or “general” intent crimes.

Maynor, 470 Mich at 296-297. Since the offense instructions each contain any required mens rea element, the

committee was of the view that M Crim JI 3.9 is redundant at best and potentially confusing at worst. For that reason,

it was deleted and the final paragraph concerning proof of intent moved to M Crim JI 4.16.

Chapter 3. Composite Instructions

Page 3-16 Michigan Model Criminal Jury Instructions

M Crim JI 3.10 Time and Place (Venue)

The prosecutor must also prove beyond a reasonable doubt that the crime occurred on or about [state date alleged]

within ____________________________ County.

Use Note

The date should be stated with as much certainty as is reflected in the testimony; for example, “On or about June,

2004.” If evidence of similar acts is given, if there is an alibi defense, or if there is any need for further instructions,

the alternate clarifying instruction on time, M Crim JI 4.12, should be consulted.

History

M Crim JI 3.10 (formerly CJI2d 3.10) was CJI 3:1:17 and was last amended by the committee in October, 2004.

Reference Guide

Statutes

MCL 762.3.

Case Law

People v Houthoofd, 487 Mich 568, 790 NW2d 315 (2010); People v Lee, 334 Mich 217, 226, 54 NW2d 305 (1952);

People v Webbs, 263 Mich App 531, 533, 689 NW2d 163 (2004).

Page 3-17 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.10a Time and Place (Venue)-Criminal Sexual Conduct Cases

The prosecutor must also prove beyond a reasonable doubt that the crime occurred within

_________________________ County.

Time, however, is not an element of the crime of criminal sexual conduct. The prosecutor does not have to prove

the date or time of the offense beyond a reasonable doubt.

History

M Crim JI 3.10a (formerly CJI2d 3.10a) was adopted by the committee in September, 2010.

Reference Guide

Case Law

People v Dobek, 274 Mich App 58, 82-84, 732 NW2d 546 (2007); People v Miller, 165 Mich App 32, 47, 418 NW2d

668 (1987), aff’d on remand, 186 Mich App 660, 465 NW2d 47 (1991); People v Naugle, 152 Mich App 227, 235,

393 NW2d 592 (1986).

Chapter 3. Composite Instructions

Page 3-18 Michigan Model Criminal Jury Instructions

M Crim JI 3.11 Deliberations and Verdict

(1) When you go to the jury room, you will be provided with a written copy [copies] of the final jury instructions.

[A copy of electronically recorded instructions will also be provided to you.] You should first choose a

foreperson. The foreperson should see to it that your discussions are carried on in a businesslike way and that

everyone has a fair chance to be heard.

(2) During your deliberations please turn off your cell phones or other communications equipment until we recess.

(3) A verdict in a criminal case must be unanimous. In order to return a verdict, it is necessary that each of you

agrees on that verdict. In the jury room you will discuss the case among yourselves, but ultimately each of you

will have to make up your own mind. Any verdict must represent the individual, considered judgment of each

juror.

(4) It is your duty as jurors to talk to each other and make every reasonable effort to reach agreement. Express your

opinions and the reasons for them, but keep an open mind as you listen to your fellow jurors. Rethink your

opinions and do not hesitate to change your mind if you decide you were wrong. Try your best to work out your

differences.

(5) However, although you should try to reach agreement, none of you should give up your honest opinion about

the case just because other jurors disagree with you or just for the sake of reaching a verdict. In the end, your

vote must be your own, and you must vote honestly and in good conscience.

[Use the next paragraph when there are less serious included offenses:]

(6) I have already given you instructions regarding [a lesser offense / lesser offenses]. As to any count which

includes a lesser offense, you must first consider the principal offense. If you all agree that the defendant is

guilty of that offense, you need not consider the lesser offense(s). If you believe that the defendant is not guilty

of the principal offense or if you cannot agree on that offense, you may consider the lesser offense(s). It is up

to you to decide how long to consider the principal offense before discussing the lesser offense(s). You may go

back to consider the principal offense again after discussing the lesser offense(s), if you want to.

(7) If you have any questions about the jury instructions before you begin deliberations, or questions about the

instructions that arise during deliberations, you may submit them in writing in a sealed envelope to the bailiff.

Use Note

Paragraph (6) of this instruction is only used when the jury is instructed on less serious crimes. See People v

Handley, 415 Mich 356, 329 NW2d 710 (1982). The remainder of the instruction should be given in every case.

History

M Crim JI 3.11 (formerly CJI2d 3.11) was CJI 3:1:15A, 3:1:18. Amended May, 2005; September, 2011; September,

2019.

Page 3-19 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

Reference Guide

Court Rule

MCR 2.513(N)(2).

Case Law

People v Pollick, 448 Mich 376, 531 NW2d 159 (1995); People v Hardin, 421 Mich 296, 365 NW2d 101 (1984);

People v Handley, 415 Mich 356, 329 NW2d 710 (1982).

Chapter 3. Composite Instructions

Page 3-20 Michigan Model Criminal Jury Instructions

M Crim JI 3.11a Replacement Juror

Members of the jury, one of your fellow jurors is unable to continue the deliberations with you. Do not consider the

reasons for the juror’s discontinued service. Alternate juror [name alternate juror] will now participate. You are now

a new jury and must start over with your deliberations.

History

M Crim JI 3.11a (formerly CJI2d 3.11a) was adopted by the committee in February, 2012.

Reference Guide

Court Rules

MCR 6.411.

Page 3-21 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.12 Deadlocked Jury

(1) You have returned from deliberations, indicating that you believe you cannot reach a verdict. I am going to ask

you to please return to the jury room and resume your deliberations in the hope that after further discussion you

will be able to reach a verdict. As you deliberate, please keep in mind the guidelines I gave you earlier.

(2) Remember, it is your duty to consult with your fellow jurors and try to reach agreement, if you can do so without

violating your own judgment. To return a verdict, you must all agree, and the verdict must represent the

judgment of each of you.

(3) As you deliberate, you should carefully and seriously consider the views of your fellow jurors. Talk things over

in a spirit of fairness and frankness.

(4) Naturally, there will be differences of opinion. You should each not only express your opinion but also give the

facts and the reasons on which you base it. By reasoning the matter out, jurors can often reach agreement.

(5) If you think it would be helpful, you may submit to the bailiff a written list of the issues that are dividing or

confusing you. It will then be submitted to me. I will attempt to clarify or amplify the instructions in order to

assist you in your further deliberations.

(6) When you continue your deliberations, do not hesitate to rethink your own views and change your opinion if

you decide it was wrong.

(7) However, none of you should give up your honest beliefs about the weight or effect of the evidence only because

of what your fellow jurors think or only for the sake of reaching agreement.

Use Note

This instruction, which follows the language of M Crim JI 3.11, is to be given when a jury returns from deliberation

unable to reach a verdict. See People v Larry, 162 Mich App 142, 149, 412 NW2d 674 (1987).

History

M Crim JI 3.12 (formerly CJI2d 3.12) was CJI 3:1:18A. Amended September, 2011.

Reference Guide

Court Rules

MCR 2.513(N)(4).

Case Law

Chapter 3. Composite Instructions

Page 3-22 Michigan Model Criminal Jury Instructions

People v Larry, 162 Mich App 142, 149, 412 NW2d 674 (1987).

Page 3-23 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.13 Penalty

Possible penalty should not influence your decision. If you find the defendant guilty, it is the duty of the judge to

fix the penalty within the limits provided by law.

History

M Crim JI 3.13 (formerly CJI2d 3.13) was CJI 3:1:19. Amended June 2022.

Reference Guide

Case Law

People v Goad, 421 Mich 20; 364 NW2d 584 (1984), People v Szczytko, 390 Mich 278, 285; 212 NW2d 211 (1973).

Chapter 3. Composite Instructions

Page 3-24 Michigan Model Criminal Jury Instructions

M Crim JI 3.14 Communications with the Court

(1) If you want to communicate with me while you are in the jury room, please have your foreperson write a note

and give it to the bailiff. It is not proper for you to talk directly with the judge, lawyers, court officers, or other

people involved in the case.

(2) As you discuss the case, you must not let anyone, even me, know how your voting stands. Therefore, until you

return with a unanimous verdict, do not reveal this to anyone outside the jury room.

Use Note

MCR 2.513(B) states in part: The court may not communicate with the jury or any juror pertaining to the case

without notifying the parties and permitting them to be present. The court must ensure that all communications

pertaining to the case between the court and the jury or any juror are made a part of the record.

History

M Crim JI 3.14 (formerly CJI2d 3.14) was CJI 3:1:20.

Reference Guide

Case Law

People v Bufkin, 168 Mich App 615, 425 NW2d 201 (1988).

Page 3-25 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.15 Exhibits

When you go to the jury room to deliberate, you may take [your notes and] full instructions. If you want to look at

any or all of the reference documents or exhibits that have been admitted, just ask for them.

History

M Crim JI 3.15 (formerly CJI2d 3.15) was CJI 3:1:21. Amended September, 2011.

Reference Guide

Court Rules

MCR 2.513(O).

Chapter 3. Composite Instructions

Page 3-26 Michigan Model Criminal Jury Instructions

M Crim JI 3.16 Written or Electronically Recorded Instructions in the Jury Room

When you go to the jury room, you will be given a written copy of the instructions you have just heard. As you

discuss the case, you should think about all my instructions together as the law you are to follow.

[Use when an electronically recorded instruction is provided:]

[You will also be given an electronically recorded copy of the instructions you have just heard.]

Use Note

The court shall provide a written copy of the instructions to the jury. The court may provide additional copies as

needed. MCR 2.513(N)(3). Providing each juror with a copy of the instructions to view as the instructions are being

recited by the court enables the jurors to have dual perception, which could enhance comprehension.

History

M Crim JI 3.16 (formerly CJI2d 3.16) was CJI 3:1:21A. Amended September, 2011.

Reference Guide

Court Rules

MCR 2.513(N)(3).

Page 3-27 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.17 Single Defendant-Single Count

You may return a verdict of guilty of the alleged crime [, guilty of a less serious crime,] or not guilty.

History

M Crim JI 3.17 (formerly CJI2d 3.17) was CJI 3:1:22.

Chapter 3. Composite Instructions

Page 3-28 Michigan Model Criminal Jury Instructions

M Crim JI 3.18 Multiple Defendants-Single Count

You must return a separate verdict for each defendant. This means that, for each individual defendant, you may

return a verdict of guilty of the alleged crime [, guilty of a less serious crime,] or not guilty.

History

M Crim JI 3.18 (formerly CJI2d 3.18) was CJI 3:1:23.

Page 3-29 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.19 Single Defendant-Multiple Counts-Single Wrongful Act

(1) The defendant is charged with one wrongful act in alternative counts, that is, that [he / she] is guilty of

______________________________________________________ or

______________________________________________, but not both.

(2) You should consider these alternatives separately in light of all the evidence.

(3) You may find the defendant not guilty, guilty of ____________________, or guilty of

______________________________.

History

M Crim JI 3.19 (formerly CJI2d 3.19) was CJI 3:1:24; amended January 1991.

Chapter 3. Composite Instructions

Page 3-30 Michigan Model Criminal Jury Instructions

M Crim JI 3.20 Single Defendant-Multiple Counts-More Than One Wrongful Act

(1) The defendant is charged with counts, that is, with the crimes of ____________________________ and

_____________________________. These are separate crimes, and the prosecutor is charging that the

defendant committed both of them. You must consider each crime separately in light of all the evidence in the

case.

(2) You may find the defendant guilty of all or [any one / any combination] of these crimes [, guilty of a less serious

crime,] or not guilty.

History

M Crim JI 3.20 (formerly CJI2d 3.20) was CJI 3:1:25.

Page 3-31 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.21 Multiple Defendants-Multiple Counts-Single Wrongful Act

(1) Each defendant is charged with one wrongful act in alternative counts, that is, that [he / she] is guilty of

___________________________________________________ or

__________________________________________, but not both.

(2) For each defendant, you should consider these alternatives separately in light of all the evidence.

(3) You must return a separate verdict for each defendant. You may find each defendant not guilty, guilty of

___________________________________________________, or guilty of

__________________________________.

History

M Crim JI 3.21 (formerly CJI2d 3.21) was CJI 3:1:26; amended January 1991.

Chapter 3. Composite Instructions

Page 3-32 Michigan Model Criminal Jury Instructions

M Crim JI 3.22 Multiple Defendants-Multiple Counts-More Than One Wrongful Act

(1) The defendants are each charged with ______ counts, that is, with the crimes of ____________ and

______________. These are separate crimes, and the prosecutor is charging that each defendant committed

[both / all] of them. You must consider each crime separately in light of all the evidence.

(2) You must return a separate verdict for each defendant. For each defendant, you may return a verdict of guilty of

one or more of the alleged crimes [, guilty of a less serious crime,] or not guilty. Remember that you must

consider each defendant separately.

History

M Crim JI 3.22 (formerly CJI2d 3.22) was CJI 3:1:27.

Page 3-33 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.23 Verdict Form

I have prepared a verdict form listing the possible verdicts.

Use Note

The use of verdict forms is optional, in the discretion of the trial judge. However, if a form is used, the judge should

explain the form and the possible choices. See M Crim JI 3.24-3.31.

History

M Crim JI 3.23 (formerly CJI2d 3.23) was CJI 3:1:28.

Chapter 3. Composite Instructions

Page 3-34 Michigan Model Criminal Jury Instructions

M Crim JI 3.24 Verdict Form

Defendant: __________________________________________________________

[Count No. : _________________________________________________________]

POSSIBLE VERDICTS:

You may return only one verdict on this charge. Mark only one box on this sheet.

___ Not Guilty

___ Guilty of ______________________________________________________

History

M Crim JI 3.24 (formerly CJI2d 3.24) was CJI 3:1:29.

Page 3-35 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.25 Verdict Form

Defendant: _________________________________________________________

[Count No. __________________________________________________________]

POSSIBLE VERDICTS:

You may return only one verdict on this charge. Mark only one verdict on this sheet.

___ Not Guilty

___ Not Guilty by Reason of Insanity

___ Guilty but Mentally Ill of _________________________________________

___ Guilty of _____________________________________________________

History

M Crim JI 3.25 (formerly CJI2d 3.25) was CJI 3:1:30. Amended by the committee in September, 2000, to reflect

the possible verdict of guilty but mentally ill as required by MCL 768.29a(2).

Chapter 3. Composite Instructions

Page 3-36 Michigan Model Criminal Jury Instructions

M Crim JI 3.26 Verdict Form

Defendant: __________________________________________________________

[Count No. __________________________________________________________]

POSSIBLE VERDICTS:

You may return only one verdict on this charge. Mark only one verdict on this sheet.

___ Not Guilty

___ Guilty of ______________________________________________________

Guilty of the Lesser Offense of:

___ ____________________________________

History

M Crim JI 3.26 (formerly CJI2d 3.26) was CJI 3:1:31.

Reference Guide

Case Law

People v Wade, 283 Mich App 462, 771 NW2d 447 (2009).

Page 3-37 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.27 Verdict Form

Defendant: __________________________________________________________

[Count No. __________________________________________________________]

POSSIBLE VERDICTS:

You may return only one verdict on this charge. Mark only one verdict on this sheet.

___ Not Guilty

___ Not Guilty by Reason of Insanity

___ Guilty but Mentally Ill of _________________________________________

___ Guilty but Mentally Ill of the Lesser Offense of ________________________

___ Guilty of ______________________________________________________

___ Guilty of the Lesser Offense of ____________________________________

History

M Crim JI 3.27 (formerly CJI2d 3.27) was CJI 3:1:32. Amended by the committee in September, 2000, to reflect

the possible verdict of guilty but mentally ill as required by MCL 768.29a(2).

Reference Guide

Case Law

People v Wade, 283 Mich App 462, 771 NW2d 447 (2009).

Chapter 3. Composite Instructions

Page 3-38 Michigan Model Criminal Jury Instructions

M Crim JI 3.28 Verdict Form (Multiple Counts)

Defendant: __________________________________________________________

POSSIBLE VERDICTS:

You may return only one verdict on each count. Mark only one verdict for each count.

Count 1

___ Not Guilty

___ Guilty of ___________________

Count 2

___ Not Guilty

___ Guilty of ___________________

History

M Crim JI 3.28 (formerly CJI2d 3.28) was CJI 3:1:33. Amended in July 2019 to provide a general “not guilty”

option for each charged count. See People v Wade, 283 Mich App 462, 771 NW2d 447 (2009).

Page 3-39 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.29 Verdict Form (Insanity Defense)

Defendant: __________________________________________________________

POSSIBLE VERDICTS:

You may return only one verdict on each charge. Mark one verdict for each count.

Count 1

___ Not Guilty

___ Not Guilty by Reason of Insanity

___ Guilty but Mentally Ill of __________________

___ Guilty of __________________

Count 2

___ Not Guilty

___ Not Guilty by Reason of Insanity

___ Guilty but Mentally Ill of __________________

___ Guilty of __________________

History

M Crim JI 3.29 (formerly CJI2d 3.29) was CJI 3:1:34. Amended in September 2000, to reflect the possible verdict

of guilty but mentally ill as required by MCL 768.29a(2). Amended in July 2019 to provide a general “not guilty”

option for each charged count. See People v Wade, 283 Mich App 462, 771 NW2d 447 (2009).

Chapter 3. Composite Instructions

Page 3-40 Michigan Model Criminal Jury Instructions

M Crim JI 3.30 Verdict Form (Lesser Offenses)

Defendant: ____________________________________________________

POSSIBLE VERDICTS:

You may return only one verdict on each charge. Mark one verdict for each count.

Count 1

___ Not Guilty

___ Guilty of ____________________________________

Guilty of the Lesser Offense of:

___ __________________________________________

Count 2

___ Not Guilty

___ Guilty of ____________________________________

Guilty of the Lesser Offense of:

___ __________________________________________

History

M Crim JI 3.30 (formerly CJI2d 3.30) was CJI 3:1:35. Amended in July 2019 to provide a general “not guilty”

option for each charged count. See People v Wade, 283 Mich App 462, 771 NW2d 447 (2009).

Page 3-41 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

Page 3-42 Michigan Model Criminal Jury Instructions

M Crim JI 3.31 Verdict Form (Insanity Defense with Lesser Offenses)

Defendant: ____________________________________________________

POSSIBLE VERDICTS:

You may return only one verdict on each charge. Mark one verdict for each count.

Count 1

___ Not Guilty

___ Not Guilty by Reason of Insanity

___ Guilty but Mentally Ill of ____________________________

___ Guilty of _________________________________________

___ Guilty but Mentally Ill of the Lesser Offense of __________

___ Guilty of the Lesser Offense of _______________________

Count 2

___ Not Guilty

___ Not Guilty by Reason of Insanity

___ Guilty but Mentally Ill of ____________________________

___ Guilty of _________________________________________

___ Guilty but Mentally Ill of the Lesser Offense of __________

___ Guilty of the Lesser Offense of ________________________

History

M Crim JI 3.31 (formerly CJI2d 3.31) was CJI 3:1:36. Amended in September, 2000, to reflect the possible verdict

of guilty but mentally ill as required by MCL 768.29a(2). Amended in July 2019 to provide a general “not guilty”

option for each charged count. See People v Wade, 283 Mich App 462, 771 NW2d 447 (2009).

Page 3-43 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.32 Verdict Form (Single Count)

Defendant: __________________________________________________________

[First-degree Criminal Sexual Conduct]

POSSIBLE VERDICTS:

You may return only one verdict on this charge. Mark only one verdict in this section.

___ Not Guilty

___ Guilty of First-degree Criminal Sexual Conduct

If you find that the defendant was not guilty of first-degree criminal sexual conduct, do not consider the following

section. Only proceed to the special findings if you have reached a verdict of guilty above.

ADDITIONAL SPECIAL FINDINGS:

If you found the defendant guilty of first-degree criminal sexual conduct, you must also decide whether or not the

prosecutor proved beyond a reasonable doubt that [name complainant] was less than thirteen years old at the time

of the offense, and that the defendant was seventeen years of age or older at the time of the offense. Consider each

of these findings separately. Mark only one box for each numbered finding in this section. Your findings must be

unanimous.

1.[Name complainant] was less than thirteen years old at the time of the offense.

___ Not Proved beyond a reasonable doubt

___ Proved beyond a reasonable doubt

2.The defendant was seventeen years of age or older at the time of the offense.

___ Not Proved beyond a reasonable doubt

___ Proved beyond a reasonable doubt

History

M Crim JI 3.32 was adopted in April 2015.

Chapter 3. Composite Instructions

Page 3-44 Michigan Model Criminal Jury Instructions

Reference Guide

Statutes

MCL 750.520b(2)(b)

Case Law

In Alleyne v United States, 570 US __; 133 S Ct 2151; 186 L Ed 2d 314 (2013), the United States Supreme Court

held that facts that would trigger a mandatory minimum sentence must be admitted by the defendant or proved

beyond a reasonable doubt to the trier of fact.

Page 3-45 Michigan Model Criminal Jury Instructions

Chapter 3. Composite Instructions

M Crim JI 3.33 Verdict Form for Open Murder

Defendant: __________________________________________________________

Count No. ________ Charging open murder involving the death of [name decedent]

POSSIBLE VERDICTS:

You may return only one verdict on this count. Mark only one box on this sheet.

___ Not guilty

[Select from the options provided to the jury]

___ Guilty of first-degree premeditated murder

___ Guilty of first-degree felony murder

___ Guilty of first-degree premeditated murder and first-degree felony murder

___ Guilty of the lesser offense of second-degree murder

___ Guilty of the lesser offense of [manslaughter / voluntary manslaughter / involuntary manslaughter]

History

M Crim JI 3.33 was adopted March 1, 2020.

Chapter 3. Composite Instructions

Page 3-46 Michigan Model Criminal Jury Instructions

Page 4-1 Michigan Model Criminal Jury Instructions

CHAPTER 4 Evidence

M Crim JI 4.1 Defendant’s Statements As Evidence Against the Defendant.................................................................... 4-2

M Crim JI 4.2 Confession Not Admissible Against Codefendant ...................................................................................... 4-3

M Crim JI 4.3 Circumstantial Evidence ............................................................................................................................. 4-4

M Crim JI 4.4 Flight, Concealment, Escape or Attempted Escape .................................................................................... 4-5

M Crim JI 4.5 Prior Inconsistent Statement Used to Impeach Witness............................................................................ 4-6

M Crim JI 4.6 Judicial Notice............................................................................................................................................. 4-7

M Crim JI 4.7 Stipulation................................................................................................................................................... 4-8

M Crim JI 4.8 Jury View of Premises ................................................................................................................................. 4-9

M Crim JI 4.9 Motive....................................................................................................................................................... 4-10

M Crim JI 4.10 Preliminary Examination Transcript ....................................................................................................... 4-11

M Crim JI 4.11 Evidence of Other Offenses-Relevance Limited to Particular Issue........................................................ 4-12

M Crim JI 4.11a Evidence of Other Acts of Domestic Violence ...................................................................................... 4-14

M Crim JI 4.12 Time-Optional Clarifying Instruction ...................................................................................................... 4-15

M Crim JI 4.13 Special Venue Instruction-Felony Consisting of More Than One Act ..................................................... 4-16

M Crim JI 4.14 Tracking-Dog Evidence............................................................................................................................ 4-17

M Crim JI 4.15 Fingerprint Evidence............................................................................................................................... 4-18

M Crim JI 4.16 Intent ...................................................................................................................................................... 4-19

M Crim JI 4.17 Drug Profile Evidence ............................................................................................................................. 4-20

Chapter 4. Evidence

Page 4-2 Michigan Model Criminal Jury Instructions

M Crim JI 4.1 Defendant’s Statements As Evidence Against the Defendant

(1) The prosecution has introduced evidence of a statement1 that it claims the defendant made.

(2) Before you may consider such an out-of-court statement against the defendant, you must first find that the

defendant actually made the statement as given to you.

(3) If you find that the defendant did make the statement, you may give the statement whatever weight you think it

deserves. In deciding this, you should think about how and when the statement was made, and about all the other

evidence in the case. You may consider the statement in deciding the facts of the case [and in deciding if you

believe the defendant’s testimony in court].

Use Note

Although “statement” is preferable to “confession” or “admission,” if the latter descriptions have been used

throughout the trial, they should be used in the instructions.

Use the bracketed phrase only if the defendant testifies at trial and the prior statement is used to impeach his or her

testimony.

History

M Crim JI 4.1 (formerly CJI2d 4.1) was CJI 4:1:01 and was last amended by the committee in October, 2002.

Reference Guide

Court Rules

MRE 801(d)(2)(A).

Case Law

Crane v Kentucky, 476 US 683 (1986); Jackson v Denno, 378 US 368 (1964); People v Lundy, 467 Mich 254, 257,

650 NW2d 332 (2002); People v Walker, 374 Mich 331, 132 NW2d 87 (1965); People v Hamilton, 163 Mich App

661, 415 NW2d 653 (1987); People v Williams, 46 Mich App 165, 169-170, 207 NW2d 480 (1973).

Page 4-3 Michigan Model Criminal Jury Instructions

Chapter 4. Evidence

M Crim JI 4.2 Confession Not Admissible Against Codefendant

Defendant _____________________’s [statement / confession / admission] has been admitted as evidence only

against [him / her]. It cannot be used against defendant ______________________, and you must not do so. You

must not consider that statement in any way when you decide whether defendant

___________________________________ is guilty or not guilty.

Use Note

The extrajudicial confession of a codefendant that implicates another defendant can usually be introduced into

evidence against the defendant only if the declarant testifies and is available for cross-examination by the defendant.

Under the Michigan Rules of Evidence (MRE 801(d)(2)(E)), statements by a coconspirator during the course of and

in furtherance of a conspiracy are admissible against all conspirators upon prima facie showing of conspiracy. Under

these circumstances, this instruction should not be used. See chapter 10 for instructions on conspiracy.

History

M Crim JI 4.2 (formerly CJI2d 4.2) was CJI 4:1:02; amended January 1991.

Reference Guide

Case Law

Richardson v Marsh, 481 US 200 (1987); Cruz v New York, 481 US 186 (1987); Parker v Randolph, 442 US 62

(1979); Bruton v US, 391 US 123 (1968); People v Frazier, 446 Mich 539, 521 NW2d 291 (1994); People v Poole,

444 Mich 151, 506 NW2d 505 (1993); People v Banks, 438 Mich 408, 475 NW2d 769 (1991), cert den, 502 US

1065 (1992); People v Richardson, 204 Mich App 71, 514 NW2d 503 (1994); People v Etheridge, 196 Mich App

43, 492 NW2d 490 (1992), leave to appeal held in abeyance, 503 NW2d 906, 908 (1993); People v Butler, 193 Mich

App 63, 66, 483 NW2d 430 (1992).

Chapter 4. Evidence

Page 4-4 Michigan Model Criminal Jury Instructions

M Crim JI 4.3 Circumstantial Evidence

(1) Facts can be proved by direct evidence from a witness or an exhibit. Direct evidence is evidence about what we

actually see or hear. For example, if you look outside and see rain falling, that is direct evidence that it is raining.

(2) Facts can also be proved by indirect, or circumstantial, evidence. Circumstantial evidence is evidence that

normally or reasonably leads to other facts. So, for example, if you see a person come in from outside wearing

a raincoat covered with small drops of water that would be circumstantial evidence that it is raining.

(3) You may consider circumstantial evidence. Circumstantial evidence by itself, or a combination of circumstantial

evidence and direct evidence, can be used to prove the elements of a crime. In other words, you should consider

all the evidence that you believe.

History

M Crim JI 4.3 (formerly CJI2d 4.3) was CJI 4:2:01-4:2:02.

Reference Guide

Case Law

Holland v United States, 348 US 121, 139 (1954); People v Dellabonda, 265 Mich 486, 513, 251 NW 594 (1933);

People v Stewart, 75 Mich 21, 28, 42 NW 662 (1889); People v Foley, 64 Mich 148, 31 NW 94 (1887); People v

Moore, 176 Mich App 555, 563, 440 NW2d 67 (1989); People v Kent, 157 Mich App 780, 794, 404 NW2d 668

(1987).

Page 4-5 Michigan Model Criminal Jury Instructions

Chapter 4. Evidence

M Crim JI 4.4 Flight, Concealment, Escape or Attempted Escape

(1) There has been some evidence that the defendant [tried to run away / tried to hide / ran away / hid] after [the

alleged crime / (he / she) was accused of the crime / the police arrested (him / her) / the police tried to arrest (him

/ her)].

(2) This evidence does not prove guilt. A person may run or hide for innocent reasons, such as panic, mistake, or

fear. However, a person may also run or hide because of a consciousness of guilt.

(3) You must decide whether the evidence is true, and, if true, whether it shows that the defendant had a guilty state

of mind.

History

M Crim JI 4.4 (formerly CJI2d 4.4) was CJI 4:4:01; revised January 1991.

Reference Guide

Case Law

Wong Sun v United States, 371 US 471, 483-484 n10 (1963); Cooper v United States, 94 US App DC 343, 345, 218

F2d 39, 41 (1954); Vick v United States, 216 F2d 228, 233 (CA 5, 1954); People v Smelley, 485 Mich 1023, 776

NW2d 310 (2010); People v Cammarata, 257 Mich 60, 240 NW 14 (1932); People v Cismadija, 167 Mich 210, 132

NW 489 (1911); People v Cutchall, 200 Mich App 396, 504 NW2d 666 (1993); People v Kraai, 92 Mich App 398,

285 NW2d 309 (1979); People v Kyles, 40 Mich App 357, 360, 198 NW2d 732 (1972).

Chapter 4. Evidence

Page 4-6 Michigan Model Criminal Jury Instructions

M Crim JI 4.5 Prior Inconsistent Statement Used to Impeach Witness

You have heard evidence that, before the trial, [a witness / witnesses] made [a statement / statements] that may be

inconsistent with [his / her / their] testimony here in court.

(1) You may consider an inconsistent statement made before the trial [only]

to help you decide how believable the

[witness’ / witnesses’] testimony was when testifying here in court.

(2) If the earlier statement was made under oath, then you may also consider the earlier statement as evidence of

the truth of whatever the [witness / witnesses] said in the earlier [statement / statements] when determining the

facts of this case.

Use Note

If the statement is admissible only as impeachment, use [only], and do not read (2). If the statement is also

admissible as substantive evidence under MRE 801(d)(1), do not use [only] and read both (1) and (2).

Other out-of-court inconsistent statements may also be admissible as substantive evidence. The court may modify

the instruction under appropriate circumstances.

History

M Crim JI 4.5 (formerly CJI2d 4.5) was CJI 4:5:01; amended June, 1991; amended September, 2003; amended

August 2017.

Reference Guide

Court Rules

MRE 801(c)-(d), 803, 803A, 804.

Case Law

People v D’Angelo, 401 Mich 167, 257 NW2d 655 (1977); People v Durkee, 369 Mich 618, 120 NW2d 729 (1963);

People v Bonner, 116 Mich App 41, 321 NW2d 835 (1982); People v Kohler, 113 Mich App 594, 599, 318 NW2d

481 (1981); People v Adams, 92 Mich App 619, 628, 285 NW2d 392 (1979); People v Paul Mathis, 55 Mich App

694, 223 NW2d 310 (1974); People v Russell, 27 Mich App 654, 183 NW2d 845 (1970).

Page 4-7 Michigan Model Criminal Jury Instructions

Chapter 4. Evidence

M Crim JI 4.6 Judicial Notice

In this case, I took judicial notice that [state fact]. This means that you may accept this fact as true, but you are not

required to do so.

History

M Crim JI 4.6 (formerly CJI2d 4.6) was CJI 4:6:01.

Reference Guide

Court Rules

MRE 201(f).

Case Law

People v Reed, 393 Mich 342, 224 NW2d 867 (1975).

Chapter 4. Evidence

Page 4-8 Michigan Model Criminal Jury Instructions

M Crim JI 4.7 Stipulation

When the lawyers agree on a statement of facts, these are called stipulated facts. You may regard such stipulated

facts as true, but you are not required to do so.

History

M Crim JI 4.7 (formerly CJI2d 4.7) was CJI 4:11:01.

Reference Guide

Case Law

People v Crawford, 458 Mich 376, 389, 582 NW2d 785 (1998).

Page 4-9 Michigan Model Criminal Jury Instructions

Chapter 4. Evidence

M Crim JI 4.8 Jury View of Premises

I am letting you see [name premises, scene, or object viewed] only to help you understand the evidence that was

presented in court. You must not consider anything you learn from seeing [name premises, scene, or object viewed]

that was not covered by the evidence admitted in the trial.

Use Note

This instruction is to be used only when the court has permitted a view of something other than an exhibit. This

instruction should be given even though the court convenes at the scene and takes testimony. The instruction may

be given before or at the time of the view. MCR 2.513(J) provides that, in the interests of safety and security, the

trial court may preclude a defendant from attending a jury view.

History

M Crim JI 4.8 (formerly CJI2d 4.8) was CJI 4:7:01.

Reference Guide

Statutes

MCL 768.28.

Court Rules

MCR 2.513(J).

Case Law

People v Auerbach, 176 Mich 23, 141 NW 869 (1913).

Chapter 4. Evidence

Page 4-10 Michigan Model Criminal Jury Instructions

M Crim JI 4.9 Motive

(1) You may consider whether the defendant had a reason to commit the alleged crime, but a reason, by itself, is not

enough to find a person guilty of a crime.

(2) The prosecutor does not have to prove that the defendant had a reason to commit the alleged crime. [He / she]

only has to show that the defendant actually committed the crime [and that (he / she) meant to do so].

Use Note

This instruction is discretionary with the trial judge and may be given where the counsel have presented an

unbalanced viewpoint of the value of motive evidence. Use the bracketed material in the second paragraph where

the crime charged is a specific intent crime.

History

M Crim JI 4.9 (formerly CJI2d 4.9) was CJI 4:8:01; amended January 1991.

Reference Guide

Case Law

People v Milhalko, 306 Mich 356, 10 NW2d 914 (1943); People v Kuhn, 232 Mich 310, 205 NW 188 (1925); People

v Noble, 152 Mich App 319, 393 NW2d 619 (1986); People v Stanton, 97 Mich App 453, 460, 296 NW2d 70 (1980).

Page 4-11 Michigan Model Criminal Jury Instructions

Chapter 4. Evidence

M Crim JI 4.10 Preliminary Examination Transcript

The testimony of ___________________________________ was read into this trial because [he / she] was not

available. This testimony was taken under oath at an earlier hearing. You should consider this testimony in the same

way you consider any other testimony you have heard in court.

Use Note

MRE 804(a) of the Michigan Rules of Evidence defines unavailability of a witness.

History

M Crim JI 4.10 (formerly CJI2d 4.10) was CJI 4:9:01; amended January 1991.

Reference Guide

Statutes

MCL 768.26.

Court Rule

MRE 804(a).

Case Law

People v Dye, 431 Mich 58, 427 NW2d 501 (1988); People v Karelse, 428 Mich 872, 437 NW2d 255 (1987); People

v Gonzales, 415 Mich 615, 627, 329 NW2d 743 (1982), remanded by 417 Mich 968, 336 NW2d 751 (1983), app

den, 424 Mich 908, 385 NW2d 585 (1986); People v Pickett, 339 Mich 294, 63 NW2d 681 (1954), cert den, 349 US

937 (1955); People v Schepps, 217 Mich 406, 186 NW 508 (1922); People v Pennington, 113 Mich App 688, 318

NW2d 542 (1982).

Chapter 4. Evidence

Page 4-12 Michigan Model Criminal Jury Instructions

M Crim JI 4.11 Evidence of Other Offenses-Relevance Limited to Particular Issue

(1) You have heard evidence that was introduced to show that the defendant committed [a crime / crimes / improper

acts] for which [he / she] is not on trial.

(2) If you believe this evidence, you must be very careful only to consider it for certain purposes. You may only

think about whether this evidence tends to show:

[Choose one or more from (a) through (g):]

(a) That the defendant had a reason to commit the crime;

(b) That the defendant specifically meant to ___________;

(d) That the defendant acted purposefully-that is, not by accident or mistake, or because [he / she] misjudged

the situation;

(e) That the defendant used a plan, system, or characteristic scheme that [he / she] has used before or since;

(f) Who committed the crime that the defendant is charged with.

(g) [State other proper purpose for which evidence is offered.]

(3) You must not consider this evidence for any other purpose. For example, you must not decide that it shows that

the defendant is a bad person or that [he / she] is likely to commit crimes. You must not convict the defendant

here because you think [he / she] is guilty of other bad conduct. All the evidence must convince you beyond a

reasonable doubt that the defendant committed the alleged crime, or you must find [him / her] not guilty.

Use Note

Do not use this instruction for uncharged acts of sexual intimacy in child sex cases. Instead, see M Crim JI 20.28,

Uncharged Acts in Child Criminal Sexual Conduct Cases.

History

M Crim JI 4.11 (formerly CJI2d 4.11) was CJI 4:10:01. Amended June, 1990; January 1991; October 1993.

Reference Guide

Statutes

Page 4-13 Michigan Model Criminal Jury Instructions

Chapter 4. Evidence

MCL 768.27, .27a, .27b.

Court Rules

MRE 404(b).

Case Law

People v Knox, 469 Mich 502, 674 NW2d 366 (2004); People v Hine, 467 Mich 242, 650 NW2d 659 (2002); People

v Sabin, 463 Mich 43, 614 NW2d 888 (2000); People v Vandervliet, 444 Mich 52, 508 NW2d 114 (1993); People

v Engelman, 434 Mich 204, 212, 453 NW2d 656 (1990); People v Goddard, 429 Mich 505, 418 NW2d 881 (1988);

People v Major, 407 Mich 394, 285 NW2d 660 (1979); People v Rustin, 406 Mich 527, 280 NW2d 448 (1979);

People v Delgado, 404 Mich 76, 83, 273 NW2d 395 (1978); People v Duncan, 402 Mich 1, 12, 260 NW2d 58

(1977); People v Oliphant, 399 Mich 472, 250 NW2d 443 (1976); People v Renno, 392 Mich 45, 219 NW2d 422

(1974); People v DerMartzex, 390 Mich 410, 417, 213 NW2d 97 (1973); People v Kelly, 386 Mich 330, 192 NW2d

494 (1971); People v Davis, 343 Mich 348, 72 NW2d 269 (1955); People v Johnston, 328 Mich 213, 43 NW2d 334

(1950); People v Randall, 294 Mich 478, 293 NW 725 (1940); People v Kalder, 284 Mich 235, 279 NW 493 (1938);

People v Savage, 225 Mich 84, 86, 195 NW 669 (1923); People v Crawford, 218 Mich 125, 187 NW 522 (1922);

People v Di Pietro, 214 Mich 507, 183 NW 22 (1921); People v Rice, 206 Mich 644, 173 NW 495 (1919); People

v Bullock, 173 Mich 397, 410, 139 NW 43 (1912); People v Pattison, 276 Mich App 613, 741 NW2d 558 (2007);

People v Mitchell, 223 Mich App 395, 398, 566 NW2d 312 (1997), on remand, 231 Mich App 335, 586 NW2d 119

(1999); People v McMillan, 213 Mich App 134, 539 NW2d 553 (1995); People v Kvam, 160 Mich App 189, 408

NW2d 71 (1987); People v Burgess, 153 Mich App 715, 396 NW2d 814 (1986); People v Garland, 152 Mich App

301, 393 NW2d 896 (1986), remanded, 431 Mich 855, 426 NW2d 184 (1988); People v Robinson, 128 Mich App

338, 340 NW2d 303 (1983); People v Nabers, 103 Mich App 354, 367-368, 303 NW2d 205, rev’d on other grounds,

411 Mich 1046, 309 NW2d 187 (1981); People v Cramer, 97 Mich App 148, 155, 293 NW2d 744 (1980); People v

Austin, 95 Mich App 662, 291 NW2d 160 (1980); People v Castillo, 82 Mich App 476, 266 NW2d 460 (1978);

People v Fields, 49 Mich App 652, 212 NW2d 612 (1973); People v Chism, 32 Mich App 610, 189 NW2d 435

(1971), aff’d, 390 Mich 104, 211 NW2d 193 (1973); People v Heiss, 30 Mich App 126, 186 NW2d 63 (1971).

Chapter 4. Evidence

Page 4-14 Michigan Model Criminal Jury Instructions

M Crim JI 4.11a Evidence of Other Acts of Domestic Violence

(1) You have heard evidence that the defendant [describe the alleged conduct by the defendant]. [He / she] is not

on trial for [that act / those acts].

(2) Before you may consider this evidence against the defendant, you must first find that the defendant actually

committed [the act / such acts].

(3) If you find that the defendant did commit the [act / acts], you may consider [it / them] in deciding whether the

defendant committed the [offense / offenses] for which [he / she] is now on trial.

(4) You must not convict the defendant in this case solely because you think [he / she] is guilty of other bad conduct.

The evidence must convince you beyond a reasonable doubt that the defendant committed the offense for which

[he / she] is now on trial, or you must find [him / her] not guilty.

Use Note

MCL 768.27b permits evidence of other acts of domestic assault or sexual assault. See People v Mack, 493 Mich

1; 825 NW2d 541 (2012), citing People v Watkins, 491 Mich 450; 818 NW2d 296 (2012). Domestic violence for

purposes of this instruction is defined in MCL 768.27b(6)(a) and (b). Sexual assault crimes are those offenses under

the Sex Offenders Registration Act found at MCL 28.722(r), (t), and (v).

History

M Crim JI 4.11a was adopted as CJI2nd 5.8c in September, 2006, for use with MCL 768.27b. The instruction was

renumbered from CJI2nd 5.8c to CJI2nd 4.11a in February, 2010, and amended to incorporate the cautionary

component of CJI2nd 4.11. In July 2023 M Crim JI 4.11a was re-phrased and broadened by the committee in order

to include other acts of sexual assault, which are referenced in MCL 768.27b. The Use Note was also re-written.

Reference Guide

Statutes

MCL 768.27b.

Case Law

People v Pattison, 276 Mich App 613, 741 NW2d 558 (2007).

Page 4-15 Michigan Model Criminal Jury Instructions

Chapter 4. Evidence

M Crim JI 4.12 Time-Optional Clarifying Instruction

(1) The defendant is charged with only one crime. [This criminal act is (describe act with as much certainty as is

reflected in the testimony).]

(2) The prosecutor says that this crime took place at [state place with as much certainty as is reflected in the

testimony]. The prosecutor also says that the crime took place on or about [state date and time with as much

certainty as is reflected in the testimony].

[The prosecutor does not have to prove that the crime was committed

on that exact date, but only that it was committed reasonably near that date.]

(3) [Some of the testimony in this case might show that the defendant committed other bad acts. Remember that the

defendant is not on trial for any of those acts.]

You must find that the defendant committed the alleged act or

you must find the defendant not guilty.

Use Note

The bracketed material should be used when there might be confusion because of the vagueness of the testimony

about where and when the criminal act took place or if a description of the criminal act relied on would be clarifying.

This instruction should reflect the testimony and sometimes may not allege a specific date. It will be sufficient if

it reflects the testimony, such as: The prosecutor also alleges that the crime occurred on or about May or June, 1989.

This instruction should not be given where the evidence clearly indicates a certain time and the defense is alibi.

This paragraph is to be given when testimony about other bad acts has been introduced.

History

M Crim JI 4.12 (formerly CJI2d 4.12) was CJI 4:12:01.

Reference Guide

Statutes

MCL 767.45, .51.

Case Law

People v Whittemore, 230 Mich 435, 437, 203 NW 87 (1925); People v Swift, 172 Mich 473, 488, 138 NW 662

(1912); People v Taylor, 185 Mich App 1, 460 NW2d 582 (1990).

Chapter 4. Evidence

Page 4-16 Michigan Model Criminal Jury Instructions

M Crim JI 4.13 Special Venue Instruction-Felony Consisting of More Than One Act

The alleged crime in this case is made up of several acts. The prosecutor only has to prove that one of these acts took

place in ____________________________ County; [he / she] does not have to prove that all of them took place

there. When applicable, this instruction is to be given after the general time and place instruction, M Crim JI 3.10.

Use Note

When applicable, this instruction is to be given after the general time and place instruction, M Crim JI 3.10.

This is a cautionary instruction based on MCL 762.8:

Whenever a felony consists or is the culmination of 2 or more acts done in the perpetration of that felony, the felony

may be prosecuted in any county where any of those acts were committed or in any county that the defendant

intended the felony or acts done in perpetration of the felony to have an effect.

History

M Crim JI 4.13 (formerly CJI2d 4.13) was CJI 4:13:01; amended January 1991; December 2013.

Reference Guide

Statutes

MCL 762.8.

Caselaw

People v McBurrows, 504 Mich 308 (2019).

Page 4-17 Michigan Model Criminal Jury Instructions

Chapter 4. Evidence

M Crim JI 4.14 Tracking-Dog Evidence

You have heard testimony about the use of a tracking-dog. You must consider tracking-dog evidence with great care

and remember that it has little value as proof. Even if you decide that it is reliable, you must not convict the defendant

based only on tracking-dog evidence. There must be other evidence that the defendant is guilty.

Use Note

This instruction must be given when testimony about the use of tracking-dog evidence is introduced.

History

M Crim JI 4.14 (formerly CJI2d 4.14) was CJI 4:14:01.

Reference Guide

Case Law

People v Warinner, 461 Mich 885, 891, 601 NW2d 378 (1999); People v Laidlaw, 169 Mich App 84, 93, 425 NW2d

738 (1988); People v McMillen, 126 Mich App 211, 336 NW2d 895 (1983); People v McRaft, 102 Mich App 204,

301 NW2d 852 (1980); People v Perryman, 89 Mich App 516, 280 NW2d 579 (1979); People v McPherson, 85

Mich App 341, 271 NW2d 228 (1978); People v Harper, 43 Mich App 500, 508, 204 NW2d 263 (1972).

Chapter 4. Evidence

Page 4-18 Michigan Model Criminal Jury Instructions

M Crim JI 4.15 Fingerprint Evidence

The prosecutor has introduced evidence about fingerprints. You may consider this evidence when you decide

whether the prosecutor has proved beyond a reasonable doubt that the defendant was the person who committed the

alleged crime. However, fingerprints matching the defendant’s must have been found in the place the crime was

committed under such circumstances that they could only have been put there when the crime was committed.

Use Note

This instruction should be given only where the sole evidence of identity comes from fingerprints.

History

M Crim JI 4.15 (formerly CJI2d 4.15) was CJI 4:15:01.

Reference Guide

Case Law

People v Willis, 60 Mich App 154, 230 NW2d 353 (1975); People v Cullens, 55 Mich App 272, 222 NW2d 315

(1974); People v Ware, 12 Mich App 512, 163 NW2d 250 (1968).

Page 4-19 Michigan Model Criminal Jury Instructions

Chapter 4. Evidence

M Crim JI 4.16 Intent

The defendant’s intent may be proved by what [he / she] said, what [he / she] did, how [he / she] did it, or by any

other facts and circumstances in evidence.

Use Note

This instruction may be used when requested or deemed helpful by the court.

History

M Crim JI 4.16 (formerly CJI2d 3.9(3)). Adopted May, 2005.

Reference Guide

Case Law

People v Maynor, 470 Mich 289, 296-297, 683 NW2d 565 (2004).

Chapter 4. Evidence

Page 4-20 Michigan Model Criminal Jury Instructions

M Crim JI 4.17 Drug Profile Evidence

You have heard testimony from [name witness(es)] about [his / her / their] training or experience concerning other

drug cases. This testimony is not to be used to determine whether the defendant committed the crime charged in this

case. This testimony may be considered by you only for the purpose of [state purpose for which evidence was offered

and admitted].

History

M Crim JI 4.17 (formerly CJI2d 4.17) adopted by the committee in May, 2008.

Reference Guide

Case Law

People v Murray, 234 Mich App 46 (1999); People v Hubbard, 209 Mich App 234, 241-242, 530 NW2d 130 (1995).

Page 5-1 Michigan Model Criminal Jury Instructions

CHAPTER 5 Witnesses

M Crim JI 5.1 Witnesses-Impeachment by Prior Conviction ............................................................................................ 5-2

M Crim JI 5.2 Weighing Conflicting Evidence-Number of Witnesses ............................................................................... 5-3

M Crim JI 5.3 Witness Who Has Been Interviewed by a Lawyer ...................................................................................... 5-4

M Crim JI 5.4 Witness as Undisputed Accomplice............................................................................................................ 5-5

M Crim JI 5.5 Witness a Disputed Accomplice.................................................................................................................. 5-6

M Crim JI 5.6 Cautionary Instruction Regarding Accomplice Testimony.......................................................................... 5-7

M Crim JI 5.7 Addict-Informer .......................................................................................................................................... 5-8

M Crim JI 5.8 Character Evidence Regarding Credibility of Witness .............................................................................. 5-10

M Crim JI 5.8a Character Evidence Regarding Conduct of the Defendant ..................................................................... 5-11

M Crim JI 5.8b Evidence of Other Acts of Child Sexual Abuse [renumbered M Crim JI 20.28a in May 2008]................ 5-12

M Crim JI 5.8c Evidence of Other Acts of Domestic Violence [amended and renumbered M Crim JI 4.11a in February 2010]

5-13

M Crim JI 5.9 Child Witness ............................................................................................................................................ 5-14

M Crim JI 5.10 Expert Witness........................................................................................................................................ 5-15

M Crim JI 5.10a Limiting Instruction on Behavioral Expert Testimony........................................................................... 5-16

M Crim JI 5.11 Police Witness......................................................................................................................................... 5-17

M Crim JI 5.12 Prosecutor’s Failure to Produce Witness................................................................................................ 5-18

M Crim JI 5.13 Agreement for Testimony / Possible Penalty ......................................................................................... 5-19

M Crim JI 5.14 Support Persons or Animals ................................................................................................................... 5-20

M Crim JI 5.15 Interpreter .............................................................................................................................................. 5-21

M Crim JI 5.16 Testimony Provided Through Videoconferencing Technology............................................................... 5-22

Chapter 5. Witnesses

Page 5-2 Michigan Model Criminal Jury Instructions

M Crim JI 5.1 Witnesses-Impeachment by Prior Conviction

(1) You have heard that one witness, ______________________________, has been convicted of a crime in the

past.

(2) You should judge this witness’s testimony the same way you judge the testimony of any other witness. You may

consider [his / her] past criminal convictions, along with all the other evidence, when you decide whether you

believe [his / her] testimony and how important you think it is.

History

M Crim JI 5.1 (formerly CJI2d 5.1) was CJI 5:1:01; amended January 1991.

Reference Guide

Court Rules

MRE 609.

Case Law

Luce v United States, 469 US 38 (1984); People v Finley, 431 Mich 506, 431 NW2d 19 (1988); People v Allen, 429

Mich 558, 420 NW2d 499 (1988).

Page 5-3 Michigan Model Criminal Jury Instructions

Chapter 5. Witnesses

M Crim JI 5.2 Weighing Conflicting Evidence-Number of Witnesses

You should not decide this case based on which side presented more witnesses. Instead, you should think about each

witness and each piece of evidence and whether you believe them. Then you must decide whether the testimony and

evidence you believe proves beyond a reasonable doubt that the defendant is guilty.

Use Note

This instruction may be given where the number of witnesses is raised in argument, or on request. This charge should

not be given unless the defendant has introduced evidence, and it should be given only if there is a disparity between

the number of witnesses or volume of evidence presented by the state and the defendant.

History

M Crim JI 5.2 (formerly CJI2d 5.2) was CJI 5:1:02.

Reference Guide

Case Law

People v Phillips, 112 Mich App 98, 109-110, 315 NW2d 868 (1982); People v Hagle, 67 Mich App 608, 617, 242

NW2d 27 (1976).

Chapter 5. Witnesses

Page 5-4 Michigan Model Criminal Jury Instructions

M Crim JI 5.3 Witness Who Has Been Interviewed by a Lawyer

You have heard that a lawyer [or lawyer’s representative] talked to one of the witnesses. There is nothing wrong

with this. A lawyer [or lawyer’s representative] may talk to a witness to find out what the witness knows about the

case and what the witness’s testimony will be.

History

M Crim JI 5.3 (formerly CJI2d 5.3) was CJI 5:1:03; amended January 1991.

Page 5-5 Michigan Model Criminal Jury Instructions

Chapter 5. Witnesses

M Crim JI 5.4 Witness as Undisputed Accomplice

(1) [Name witness] says [he / she] took part in the crime that the defendant is charged with committing.

[Choose as many of the following as apply:]

[(a) (Name witness) has already been convicted of charges arising out of the commission of that crime.]

[(b) The evidence clearly shows that (name witness) is guilty of the same crime the defendant is charged with.]

[(c) (Name witness) has been promised that (he / she) will not be prosecuted for the crime the defendant is

charged with committing based upon any information derived directly or indirectly from the witness’s

truthful testimony. The witness may be prosecuted if the prosecution obtains additional, independent

evidence against the witness.]

[(d) (Name witness) has been promised that (he / she) will not be prosecuted for the crime the defendant is

charged with committing.]

(2) Such a witness is called an accomplice.

Use Note

This instruction is to be followed by the instruction on weighing testimony of an accomplice, M Crim JI 5.6. This

charge should be given automatically where the witness has admitted his guilt or has been convicted of the crime,

or where the evidence clearly indicates his complicity. Strike out whichever of the bracketed statements is

inapplicable. Of course, more than one may apply. In certain classes of cases (e.g., consensual statutory rape), the

victim as a matter of law is not considered to be an accomplice. In those cases, the defendant is not entitled to the

charge on accomplice testimony. MCL 767.6 provides for use immunity (see paragraph 1(c) above). However, the

prosecution can offer a witness/accomplice transactional immunity (see paragraph 1(d) above).

History

M Crim JI 5.4 (formerly CJI2d 5.4) was CJI 5:3:01; amended January 1991; September 2010.

Reference Guide

Statutes

MCL 767.6.

Case Law

People v Pettiford, No 288552, 2010 Mich App Lexis 813 (May 6, 2010) (unpublished).

Chapter 5. Witnesses

Page 5-6 Michigan Model Criminal Jury Instructions

M Crim JI 5.5 Witness a Disputed Accomplice

(1) Before you may consider what [name witness] said in court, you must decide whether [he / she] took part in the

crime the defendant is charged with committing. [Name witness] has not admitted taking part in the crime, but

there is evidence that could lead you to think that [he / she] did.

(2) A person who knowingly and willingly helps or cooperates with someone else in committing a crime is called

an accomplice.

(3) When you think about [name witness]’s testimony, first decide if [he / she] was an accomplice. If, after thinking

about all the evidence, you decide that [he / she] did not take part in this crime, judge [his / her] testimony as

you judge that of any other witness. But, if you decide that [name witness] was an accomplice, then you must

consider [his / her] testimony in the following way:

Use Note

This instruction is to be followed by the instruction on weighing testimony of an accomplice, M Crim JI 5.6. If there

is a dispute as to the status of the witness as an accomplice, this fact should be submitted to the jury as a separate

question for its determination.

History

M Crim JI 5.5 (formerly CJI2d 5.5) was CJI 5:2:02; amended January 1991.

Reference Guide

Case Law

People v Young, 472 Mich 130, 693 NW2d 801 (2005); People v Dumas, 161 Mich 45, 125 NW 766 (1910); People

v Walker, 3 Mich App 230, 145 NW2d 25 (1966).

Page 5-7 Michigan Model Criminal Jury Instructions

Chapter 5. Witnesses

M Crim JI 5.6 Cautionary Instruction Regarding Accomplice Testimony

(1) You should examine an accomplice’s testimony closely and be very careful about accepting it.

(2) You may think about whether the accomplice’s testimony is supported by other evidence, because then it may

be more reliable. However, there is nothing wrong with the prosecutor’s using an accomplice as a witness. You

may convict the defendant based only on an accomplice’s testimony if you believe the testimony and it proves

the defendant’s guilt beyond a reasonable doubt.

(3) When you decide whether you believe an accomplice, consider the following:

(a) Was the accomplice’s testimony falsely slanted to make the defendant seem guilty because of the

accomplice’s own interests, biases, or for some other reason?

(b) Has the accomplice been offered a reward or been promised anything that might lead [him / her] to give

false testimony? [State what the evidence has shown. Enumerate or define reward.]

allowed to plead guilty to a less serious charge? If so, could this have influenced [his / her] testimony?

[(d) Does the accomplice have a criminal record?]

(4) In general, you should consider an accomplice’s testimony more cautiously than you would that of an ordinary

witness. You should be sure you have examined it closely before you base a conviction on it.

Use Note

Use bracketed material as applicable. Where appropriate, list any other grounds or circumstances that have arisen in

a particular case. This cautionary instruction may be used even when the defendant, rather than the prosecutor, calls

an accomplice. Of course, the instruction should be modified appropriately if the defendant calls the witness. For an

example of such a modification, see People v Heikkinen, 250 Mich App 322, 646 NW2d 190 (2002).

History

M Crim JI 5.6 (formerly CJI2d 5.6) was CJI 5:2:03; amended January 1991.

Reference Guide

Case Law

People v Young, 472 Mich 130, 693 NW2d 801 (2005); People v Dumas, 161 Mich 45, 125 NW 766 (1910); People

v Walker, 3 Mich App 230, 145 NW2d 25 (1966).

Chapter 5. Witnesses

Page 5-8 Michigan Model Criminal Jury Instructions

M Crim JI 5.7 Addict-Informer

(1) You have heard the testimony of _______________________________, who has given information to the

police in this case. The evidence shows that [he / she] is addicted to a drug, namely

_____________________________________.

(2) You should examine the testimony of an addicted informer closely and be very careful about accepting it.

(3) You should think about whether the testimony is supported by other evidence, because then it may be more

reliable. However, there is nothing wrong with the prosecutor using an addicted informer as a witness. You may

convict the defendant based on such a witness’s testimony alone if you believe the testimony and it proves the

defendant’s guilt beyond a reasonable doubt.

(4) When you decide whether to believe [name witness], consider the following:

(a) Did the fact that this witness is addicted to drugs affect [his / her] memory of events or ability to testify

accurately?

(b) Does the witness’s addiction give [him / her] some special reason to testify falsely?

[(c) Does the witness expect a reward or some special treatment or has (he / she) been offered a reward or been

promised anything that might lead (him / her) to give false testimony?

(d) Has the witness been promised that (he / she) will not be prosecuted for any charge, or promised a lighter

sentence or allowed to plead guilty to a less serious charge? If so, could this have influenced (his / her)

testimony?

(e) Was the witness’s testimony falsely slanted to make the defendant seem guilty because of the witness’s own

interests or to remove suspicion from others, or because (he / she) feared retaliation from others in drug

trafficking?

(f) Was the witness affected by the fear of being jailed and denied access to drugs?

(g) Does the witness have a past criminal record?]

(5) In general, you should consider an addicted informer’s testimony more cautiously than you would that of an

ordinary witness. You should be sure you have examined it closely before you base a conviction on it.

Use Note

Both sides should have the opportunity to develop the record with respect to the fairness of addict-informant

instructions. These instructions are based on similar instructions on accomplice testimony. Upon request the trial

court and the prosecutor must disclose any leniency or immunity granted the witness or any reasonable expectations

of leniency resulting from contact with the prosecutor. This is a cautionary instruction to be used where the

Page 5-9 Michigan Model Criminal Jury Instructions

Chapter 5. Witnesses

uncorroborated testimony of an addict informant is the only evidence linking the accused with the alleged offense.

People v Griffin, 235 Mich App 27, 40, 597 NW2d 176 (1999).

History

M Crim JI 5.7 (formerly CJI2d 5.7) was CJI 5:2:04; amended January 1991.

Reference Guide

Case Law

People v Atkins, 397 Mich 163, 243 NW2d 292 (1976); People v Mata (On Remand), 80 Mich App 204, 263 NW2d

332 (1977).

Chapter 5. Witnesses

Page 5-10 Michigan Model Criminal Jury Instructions

M Crim JI 5.8 Character Evidence Regarding Credibility of Witness

(1) You have heard evidence about the character of [name witness] for truthfulness. You may consider this

evidence, together with all the other evidence in the case, in deciding whether you believe the testimony of

[name witness] and in deciding how much weight to give that testimony.

[(2) The prosecutor has cross-examined (one / some) of the defendant’s character witnesses as to whether they had

heard anything bad about the defendant. You should consider such cross-examination only in deciding whether

you believe the character witnesses and whether they described (him / her) fairly.]

[(3) The prosecutor also called witnesses who testified that the defendant does not have a good character for

truthfulness. This evidence can only be considered by you in judging the believability of the defendant’s

testimony. It is not evidence that (he / she) committed the crime charged.]

Use Note

Use paragraph (2) only where the prosecutor has cross-examined the defendant’s character witnesses concerning

reported conduct inconsistent with the claimed good character for truthfulness.

Use paragraph (3) only where the prosecutor calls adverse character witnesses on rebuttal.

History

M Crim JI 5.8 (formerly CJI2d 5.8) was CJI 5:2:05-5:2:08; amended June 1992.

Reference Guide

Court Rules

MRE 608(a).

Case Law

People v Matthews, 143 Mich App 45, 371 NW2d 887 (1985).

Page 5-11 Michigan Model Criminal Jury Instructions

Chapter 5. Witnesses

M Crim JI 5.8a Character Evidence Regarding Conduct of the Defendant

(1) You have heard evidence about the defendant’s character for [peacefulness / honesty / good sexual morals /

being law-abiding / (describe other trait)]. You may consider this evidence, together with all the other evidence

in the case, in deciding whether the defendant committed the crime with which (he / she) is charged. Evidence

of good character alone may sometimes create a reasonable doubt in your minds and lead you to find the

defendant not guilty.

[(2) The prosecutor has cross-examined (one / some) of the defendant’s character witnesses as to whether they had

heard anything bad about the defendant. You should consider such cross-examination only in deciding whether

you believe the character witnesses and whether they described the defendant fairly.]

[(3) The prosecutor also called witnesses who testified that the defendant does not have the good character described

by the defendant’s character witnesses. This evidence can only be considered by you in judging whether you

believe the defendant’s character witnesses and whether the defendant has a good character for (describe trait).

It is not evidence that the defendant committed the crime charged.]

Use Note

Use paragraph (2) only where the prosecutor has cross-examined the defendant’s character witnesses concerning

reported conduct inconsistent with the claimed good character.

Use paragraph (3) only where the prosecutor has called adverse character witnesses on rebuttal.

History

M Crim JI 5.8a (formerly CJI2d 5.8a) new June 1992.

Reference Guide

Court Rules

MRE 405(a).

Case Law

People v Whitfield, 425 Mich 116, 130-131, 388 NW2d 206 (1986); People v Champion, 411 Mich 468, 471, 307

NW2d 681 (1981); People v Simard, 314 Mich 624, 23 NW2d 106 (1946); People v Lane, 304 Mich 29, 7 NW2d

210 (1942); People v Rosa, 268 Mich 462, 465, 256 NW 483 (1934); People v Trahos, 251 Mich 592, 232 NW 357

(1930); People v Powell, 223 Mich 633, 640; 194 NW 502 (1923); People v Van Dam, 107 Mich 425, 65 NW 277

(1895); People v Jassino, 100 Mich 536, 59 NW 230 (1894); People v Garbutt, 17 Mich 9 (1868); People v Taylor,

159 Mich App 468, 488, 406 NW2d 859 (1987); People v Thomas, 126 Mich App 611, 337 NW2d 598 (1983).

Chapter 5. Witnesses

Page 5-12 Michigan Model Criminal Jury Instructions

M Crim JI 5.8b Evidence of Other Acts of Child Sexual Abuse [renumbered M Crim JI

20.28a in May 2008]

[This instruction was adopted by the committee in September, 2006, for use with MCL 768.27a, effective January 1, 2006,

and renumbered as M Crim JI 20.28a in May 2008.]

Page 5-13 Michigan Model Criminal Jury Instructions

Chapter 5. Witnesses

M Crim JI 5.8c Evidence of Other Acts of Domestic Violence [amended and renumbered

M Crim JI 4.11a in February 2010]

Note: This instruction was renumbered to M Crim JI 4.11a in February 2010, and amended to incorporate the

cautionary component of M Crim JI 4.11.

Chapter 5. Witnesses

Page 5-14 Michigan Model Criminal Jury Instructions

M Crim JI 5.9 Child Witness

For a witness who is a [young] child, a promise to tell the truth takes the place of an oath to tell the truth.

Use Note

This instruction is based on former MCL 600.2163, repealed by 1998 PA 323, eff. Aug. 3, 1998.

History

M Crim JI 5.9 (formerly CJI2d 5.9) was CJI 5:2:09. Amended by the committee in September, 2000, to delete

reference to children under 10 as provided in the former statute, MCL 600.2163.

Reference Guide

Case Law

People v Walker, 113 Mich 367, 369, 71 NW 641 (1897); Mead v Harris, 101 Mich 585, 588, 60 NW 284 (1894);

McGuire v People, 44 Mich 286, 287-288, 6 NW 669 (1880); People v McNeill, 81 Mich App 368, 377-378, 265

NW2d 334 (1978); People v Edwards, 35 Mich App 233, 235, 192 NW2d 382 (1971); People v Strunk, 11 Mich

App 99, 160 NW2d 602 (1968).

Page 5-15 Michigan Model Criminal Jury Instructions

Chapter 5. Witnesses

M Crim JI 5.10 Expert Witness

(1) You have heard testimony from a witness, ____________________, who has given you [his / her] opinion as

an expert in the field of _________________. Experts are allowed to give opinions in court about matters they

are experts on.

(2) However, you do not have to believe an expert’s opinion. Instead, you should decide whether you believe it and

how important you think it is. When you decide whether you believe an expert’s opinion, think carefully about

the reasons and facts [he / she] gave for [his / her] opinion, and whether those facts are true. You should also

think about the expert’s qualifications, and whether [his / her] opinion makes sense when you think about the

other evidence in the case.

Use Note

Do not use this instruction where the expert testifies regarding the characteristics of sexually abused children and

about whether the complainant’s behavior is consistent with those characteristics. Instead, see M Crim JI 20.29,

Limiting Instruction on Expert Testimony (Child Criminal Sexual Conduct Cases).

History

M Crim JI 5.10 (formerly CJI2d 5.10) was CJI 5:2:11-5:2:12; amended January 1991.

Reference Guide

Court Rules

MRE 702-703.

Case Law

Daubert v Merrell Dow Pharms, 509 US 579 (2004); Gilbert v DaimlerChrysler Corp, 470 Mich 749, 685 NW2d

391 (2004); People v Peterson and People v Smith, 450 Mich 349, 537 NW2d 857 (1995); People v Beckley, 434

Mich 691, 456 NW2d 391 (1990); People v Steele, 283 Mich App 472, 769 NW2d 256 (2009); People v Dobek, 274

Mich App 58, 732 NW2d 546 (2007).

Chapter 5. Witnesses

Page 5-16 Michigan Model Criminal Jury Instructions

M Crim JI 5.10a Limiting Instruction on Behavioral Expert Testimony

(1) [Name expert] testified as an expert in the field of [identify area of expertise] and gave an opinion in [his / her]

area of expertise. Experts are allowed to give opinions in court.

(2) However, you do not have to believe an expert’s opinion. Instead, you should decide whether you believe it and

how important you think it is. When deciding whether you believe an expert’s opinion, think carefully about

the reasons and facts [he / she] gave for [his / her] opinion and whether those facts are true. You should also

think about the expert’s qualifications and whether [his / her] opinion makes sense when you think about the

other evidence in the case.

(3) If you do believe [name expert]’s opinion, you should consider it only for the limited purpose of deciding

whether [name complainant]’s behavior and words after the alleged crime were consistent with those described

by the expert. You cannot use [name expert]’s opinion as proof that the crime charged here was committed or

that the defendant committed it.

Nor can it be considered an opinion by [name expert] that [name complainant]

is telling the truth.

Use Note

This instruction is used where expert testimony is offered to explain the behavior of a sexually abused child or of a

physically or psychologically abused person that may appear inconsistent with having been abused. See, e.g.,

People v Beckley, 434 Mich 691, 725; 456 NW2d 391 (1990).

1.The language in this sentence may have to be eliminated or amended where the expert is not testifying for the

prosecution describing conduct applicable to a criminal case.

History

This instruction was originally M Crim JI 20.29 (formerly CJI2nd 20.20), first adopted as CJI 20:1:06. It was

renumbered as M Crim JI 5.10a effective March 1, 2023.

Reference

Court Rules

MRE 702-703

Case Law

Daubert v Merrell Dow Pharms, 509 US 579 (2004); Gilbert v DaimlerChrysler Corp, 470 Mich 749; 685 NW2d

391 (2004); People v Peterson and People v Smith, 450 Mich 349, 352-353; 537 NW2d 857 (1995); People v

Beckley, 434 Mich 691; 456 NW2d 391 (1990); People v Steele, 283 Mich App 472; 769 NW2d 256 (2009); People

v Dobek, 274 Mich App 58; 732 NW2d 546 (2007).

Page 5-17 Michigan Model Criminal Jury Instructions

Chapter 5. Witnesses

M Crim JI 5.11 Police Witness

You have heard testimony from [a witness who is a police officer / witnesses who are police officers]. That

testimony is to be judged by the same standards you use to evaluate the testimony of any other witness.

Use Note

This instruction is discretionary and may be given upon request.

History

M Crim JI 5.11 (formerly CJI2d 5.11) was CJI 5:2:13. Amended January 1991; March 1995.

Reference Guide

Case Law

People v Lalonde, 171 Mich 286, 137 NW 74 (1912); People v Seabrooks, 135 Mich App 442, 354 NW2d 374

(1984).

Chapter 5. Witnesses

Page 5-18 Michigan Model Criminal Jury Instructions

M Crim JI 5.12 Prosecutor’s Failure to Produce Witness

[State name of witness] is a missing witness whose appearance was the responsibility of the prosecution. You may

infer that this witness’s testimony would have been unfavorable to the prosecution’s case.

History

M Crim JI 5.12 (formerly CJI2d 5.12) was CJI 5:2:14. Deleted May 2003; readopted October, 2004.

Reference Guide

Statutes

MCL 767.40a.

Case Law

People v Perez, 469 Mich 415, 420, 670 NW2d 655 (2003).

History

M Crim JI 5.15 was adopted June 2021.

Page 5-19 Michigan Model Criminal Jury Instructions

Chapter 5. Witnesses

M Crim JI 5.13 Agreement for Testimony / Possible Penalty

(1) You have heard testimony that a witness, [name witness], made an agreement with the prosecutor about charges

against [him / her] in exchange for [his / her] testimony in this trial. You have also heard evidence that [name

witness] faced a possible penalty of [state maximum possible penalty] as a result of those charges.

(2) You are to consider this evidence only as it relates to [name witness]’s credibility and as it may tend to show

[name witness]’s bias or self-interest.

Use Note

This instruction should be used only where evidence has been elicited concerning the sentencing advantages of a

plea or dismissal agreement offered in exchange for a witness’s testimony. If that evidence relates to the same

offense with which the defendant is charged, the court should reinstruct in accord with M Crim JI 2.23 that the

penalty facing the defendant is not to be considered in deciding the case.

History

M Crim JI 5.13 (formerly CJI2d 5.13) new June 1991.

Reference Guide

Case Law

People v Mumford, 183 Mich App 149, 455 NW2d 51 (1990).

Chapter 5. Witnesses

Page 5-20 Michigan Model Criminal Jury Instructions

M Crim JI 5.14 Support Persons or Animals

You [are about to hear / have heard] testimony from a witness who [will be / was] accompanied by a support [person

/ animal]. The use of a support [person / animal] is authorized by law. You should disregard the support [person /

animal]’s presence and decide the case based solely on the evidence presented. You should not consider the

witness’s testimony to be any more or less credible because of the [person / animal]’s presence. You must not allow

the use of a support [person / animal] to influence your decision in any way.

History

M Crim JI 5.14 was adopted March 2018.

Reference Guide

Statutes

MCL 600.2163a(4)

Case Law

People v Johnson, 315 Mich App 163 (2016).

Page 5-21 Michigan Model Criminal Jury Instructions

Chapter 5. Witnesses

M Crim JI 5.15 Interpreter

This court seeks a fair trial for everyone, regardless of the language they speak or how well it is spoken [, including

those who communicate through sign language]

. An interpreter will be assisting the court during these

proceedings.

Please keep in mind that a person might speak some English without speaking it fluently. That person has the right

to the services of an interpreter, too. Therefore, you may not give greater or lesser weight to a person’s interpreted

testimony based on your conclusions, if any, regarding the extent to which that person speaks English.

The interpreter is not associated with any party, and [his / her] only function is to provide unbiased assistance in

helping [the defendant / a witness] to communicate effectively in court during the trial and to understand the

proceedings.

[The interpreter will not be asked questions or give answers, but will only interpret them. (He / she) may speak in

the first person using words such as “I,” “me,” or “mine,” but that is only to ensure that the court record accurately

reflects what was said by (the defendant / a witness).]

Bias against or for persons who [are not proficient in English / are hearing impaired] is not allowed. Do not allow

the fact that the court is using an interpreter to help [the defendant / a witness] to influence how you decide the facts

or the case in any way.

[Some of you may know (sign language / the non-English language being spoken). If you have a question about the

accuracy of the translation of a witness’s testimony, you may bring this matter to my attention by raising your hand.

You should not ask your question or make any comment about the translation in the presence of the other jurors, or

otherwise share your question or concern with any of them. I will take steps to see whether your question can be

answered and any discrepancy resolved. If, however, after such efforts a discrepancy remains in your mind, you

must rely on the interpreter’s translation.]

Use Note

1. Read only where sign language is being interpreted.

2. These bracketed sections are only necessary if the interpreter is being used for a witness (including the defendant).

History

M Crim JI 5.15 was adopted June 2021.

Chapter 5. Witnesses

Page 5-22 Michigan Model Criminal Jury Instructions

M Crim JI 5.16 Testimony Provided Through Videoconferencing Technology

The next witness, [identify witness], will testify by videoconferencing technology. You are to judge the witness’s

testimony by the same standards as any other witness, and you should give the witness’s testimony the same

consideration you would have given it had the witness testified in person. If you cannot hear something that is said

or if you have any difficulty observing the witness on the videoconferencing screen, please raise your hand

immediately.

History

M Crim JI 5.16 was adopted June, 2024.

Reference Guide

Court Rules

MCR 6.006(A)(2), (B)(4), (C)(4); MCR 2.407

Page 6-1 Michigan Model Criminal Jury Instructions

CHAPTER 6 State of Mind

M Crim JI 6.1 General Intent-Intoxication Is Not a Defense ............................................................................................. 6-2

M Crim JI 6.2 Intoxication As a Defense to a Specific Intent Crime.................................................................................. 6-3

M Crim JI 6.3 Diminished Capacity [DELETED].................................................................................................................. 6-4

M Crim JI 6.4 Property Crimes: Mistake and Intent ......................................................................................................... 6-5

M Crim JI 6.5 Intent to Injure or Defraud ......................................................................................................................... 6-6

M Crim JI 6.6 Restitution Is Not a Defense ....................................................................................................................... 6-7

Chapter 6. State of Mind

Page 6-2 Michigan Model Criminal Jury Instructions

M Crim JI 6.1 General Intent-Intoxication Is Not a Defense

There has been some evidence that the defendant was voluntarily intoxicated with alcohol or drugs when the alleged

crime was committed. Voluntary intoxication is not a defense to [the crime charged here / the crime of

_________________]. So it does not excuse the defendant if [he / she] committed this crime.

History

M Crim JI 6.1 (formerly CJI2d 6.1) was CJI 6:1:01.

Page 6-3 Michigan Model Criminal Jury Instructions

Chapter 6. State of Mind

M Crim JI 6.2 Intoxication As a Defense to a Specific Intent Crime

(1) The defendant says that [he / she] could not have specifically intended to [state specific intent of appropriate

crime charged] because [he / she] was intoxicated with alcohol or drugs.

(2) The defendant is not guilty of [state charge] if the defendant proves by a preponderance of the evidence that [he

/ she] lacked the intent to [state required specific intent] because [he / she] voluntarily consumed a legally

obtained and properly used medication or other substance and did not know and reasonably should not have

known that [he / she] would become intoxicated or impaired as a result.

(3) It is not a defense that the defendant was under the influence of or impaired by a voluntarily and knowingly

consumed alcoholic liquor, drug, controlled substance, or a combination of them.

Use Note

Neither this instruction nor the statute on which it is based, MCL 768.37, addresses involuntary or unknowing

consumption of an intoxicant as a defense to a crime.

History

M Crim JI 6.2 (formerly CJI2d 6.2) was CJI 6:1:02 and was last amended by the committee in October, 2002, to

reflect the statutory changes found in 2002 PA 366, MCL 768.37, effective September 1, 2002.

Reference Guide

Case Law

People v Mills, 450 Mich 61, 82, 537 NW2d 909 (1995).

Chapter 6. State of Mind

Page 6-4 Michigan Model Criminal Jury Instructions

M Crim JI 6.3 Diminished Capacity [DELETED]

Note. The committee deleted this instruction in September, 2001 in light of the supreme court’s decision in People

v Carpenter, 464 Mich 223, 627 NW2d 276 (2001). In Carpenter the court abolished the defense of diminished

capacity, holding that “evidence of a defendant’s lack of mental capacity short of legal insanity to avoid or reduce

criminal responsibility by negating specific intent” is not admissible. Id. at 241.

Page 6-5 Michigan Model Criminal Jury Instructions

Chapter 6. State of Mind

M Crim JI 6.4 Property Crimes: Mistake and Intent

When you decide whether the defendant intended to _____________________, you must consider whether [he /

she] acted as [he / she] did because of a mistake. If the defendant did not _____________________________ [e.g.,

pay (his / her) employer all the money (he / she) is required to account for] because of an honest mistake, a

bookkeeping error, or a misunderstanding about what [he / she] was supposed to do, then [he / she] did not take the

[money / property] intentionally and is not guilty of the crime of ______________________.

History

M Crim JI 6.4 (formerly CJI2d 6.4) was CJI 6:1:03.

Reference Guide

Case Law

People v Holcomb, 395 Mich 326, 235 NW2d 343 (1975); People v Hopper, 274 Mich 418, 264 NW 849 (1936);

People v Goodchild, 68 Mich App 226, 242 NW2d 465 (1976); People v Karasek, 63 Mich App 706, 234 NW2d

761 (1975).

Chapter 6. State of Mind

Page 6-6 Michigan Model Criminal Jury Instructions

M Crim JI 6.5 Intent to Injure or Defraud

When I say someone must “act with the intent to injure or defraud,”?I mean act to cheat or deceive, usually to get

money, property, or something else valuable, or to make someone else suffer such a loss.

History

M Crim JI 6.5 (formerly CJI2d 6.5) was CJI 6:1:04.

Page 6-7 Michigan Model Criminal Jury Instructions

Chapter 6. State of Mind

M Crim JI 6.6 Restitution Is Not a Defense

Repaying the victim does not excuse the crime of ___________________________. If you are satisfied beyond a

reasonable doubt that the defendant [embezzled / converted / took] the property intending to cheat or deceive, then

the defendant is guilty even if [he / she] paid the victim back later.

History

M Crim JI 6.6 (formerly CJI2d 6.6) was CJI 6:1:05.

Reference Guide

Case Law

People v Butts, 128 Mich 208, 87 NW 224 (1901).

Chapter 6. State of Mind

Page 6-8 Michigan Model Criminal Jury Instructions

Page 7-1 Michigan Model Criminal Jury Instructions

CHAPTER 7 Defenses

M Crim JI 7.1 Murder: Defense of Accident (Involuntary Act) ......................................................................................... 7-2

M Crim JI 7.2 Murder: Defense of Accident (Not Knowing Consequences of Act)........................................................... 7-3

M Crim JI 7.3 Lesser Offenses: Involuntary Manslaughter; Intentional Aiming of Firearm; Careless Discharge of a Firearm;

Negligent Homicide .......................................................................................................................................................... 7-4

M Crim JI 7.3a Accident as Defense to Specific Intent Crime ........................................................................................... 7-5

M Crim JI 7.4 Lack of Presence (Alibi)............................................................................................................................... 7-6

M Crim JI 7.5 Claim of Right.............................................................................................................................................. 7-7

M Crim JI 7.6 Duress ......................................................................................................................................................... 7-8

M Crim JI 7.7 Special Factors in Escape Cases ................................................................................................................ 7-10

M Crim JI 7.8 Identification............................................................................................................................................. 7-11

M Crim JI 7.9 The Meanings of Mental Illness, Intellectual Disability and Legal Insanity .............................................. 7-12

M Crim JI 7.10 Person Under the Influence of Alcohol or Controlled Substances ......................................................... 7-14

M Crim JI 7.11 Legal Insanity; Mental Illness; Intellectual Disability; Burden of Proof .................................................. 7-16

M Crim JI 7.12 Definition of Guilty but Mentally Ill ........................................................................................................ 7-18

M Crim JI 7.13 Insanity at the Time of the Crime ........................................................................................................... 7-19

M Crim JI 7.14 Permanent or Temporary Insanity.......................................................................................................... 7-20

M Crim JI 7.15 Use of Deadly Force in Self-Defense....................................................................................................... 7-21

M Crim JI 7.16 Conditions for Using Force or Deadly Force ........................................................................................... 7-23

M Crim JI 7.16a Rebuttable Presumption Regarding Fear of Death, Great Bodily Harm, or Sexual Assault.................. 7-25

M Crim JI 7.17 Use of Deadly Force in Defense of the Home......................................................................................... 7-27

M Crim JI 7.18 Deadly Aggressor-Withdrawal ................................................................................................................ 7-29

M Crim JI 7.19 Nondeadly Aggressor Assaulted with Deadly Force [combined with M Crim JI 7.16 in May 2023] ....... 7-30

M Crim JI 7.20 Burden of Proof-Self-Defense................................................................................................................. 7-31

M Crim JI 7.21 Defense of Others-Deadly Force............................................................................................................. 7-32

M Crim JI 7.22 Use of Nondeadly Force in Self-Defense or Defense of Others.............................................................. 7-34

M Crim JI 7.23 Past Violence by Complainant or Decedent ........................................................................................... 7-36

M Crim JI 7.24 Self-Defense Against Persons Acting in Concert..................................................................................... 7-37

M Crim JI 7.25 Self-Defense as Defense to Felon in Possession of a Firearm ................................................................ 7-38

M Crim JI 7.25a Self-Defense as Defense to Brandishing a Firearm............................................................................... 7-40

M Crim JI 7.26 Parental Kidnapping – Defense of Protecting Child; Burden of Proof .................................................... 7-42

Chapter 7. Defenses

Page 7-2 Michigan Model Criminal Jury Instructions

M Crim JI 7.1 Murder: Defense of Accident (Involuntary Act)

(1) The defendant says that [he / she] is not guilty of _________________________ because

_________________________’s death was accidental. That is, the defendant says that

_____________________________________ died because [describe outside force; e.g., “the gun went off as

it hit the wall”].

(2) If the defendant did not mean to [pull the trigger / (state other action)] then [he / she] is not guilty of murder.

The prosecutor must prove beyond a reasonable doubt that the defendant meant to

_______________________________________.

Use Note

This instruction is designed for use where the defendant alleges that the act itself was entirely accidental. It is meant

to be used as a defense to a murder charge only.

History

M Crim JI 7.1 (formerly CJI2d 7.1) was CJI 7:1:01; amended October, 1993.

Reference Guide

Case Law

People v Lester, 406 Mich 252, 277 NW2d 633 (1979); People v Hawthorne, 265 Mich App 47, 692 NW2d 879

(2005).

Page 7-3 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

M Crim JI 7.2 Murder: Defense of Accident (Not Knowing Consequences of Act)

(1) The defendant says that [he / she] is not guilty of ___________________ because

___________________________’s death was accidental. By this defendant means that [he / she] did not mean

to kill or did not realize that what [he / she] did would probably cause a death or cause great bodily harm.

(2) If the defendant did not mean to kill, or did not realize that what [he / she] did would probably cause a death or

cause great bodily harm, then [he / she] is not guilty of murder.

Use Note

This instruction is designed for use where the defendant acknowledges the act was voluntary but the consequences

unintended. It is meant to be used as a defense to a murder charge only.

History

M Crim JI 7.2 (formerly CJI2d 7.2) was CJI 7:1:02; amended October, 1993; May 2008.

Chapter 7. Defenses

Page 7-4 Michigan Model Criminal Jury Instructions

M Crim JI 7.3 Lesser Offenses: Involuntary Manslaughter; Intentional Aiming of

Firearm; Careless Discharge of a Firearm; Negligent Homicide

(1) However, even if the defendant is not guilty of murder, [he / she] may be guilty of a less serious offense. [If (he

/ she) willingly did something that was grossly negligent toward human life or if (he / she) intended to cause

injury / If the gun went off as (he / she) purposely pointed or aimed it at someone], [he / she] may be guilty of

involuntary manslaughter.

(2) Even if the defendant is not guilty of murder or involuntary manslaughter, you may decide that the defendant

did something careless, reckless, or ordinarily negligent that caused the death. In that case, [he / she] may be

guilty of [careless, reckless or negligent use of a firearm / negligent homicide].

(3) To sum up, when you consider the charge of murder, you should also consider whether the defendant is guilty

of _____________________________________________ or

_________________________________________. In a few moments, I will describe these crimes in detail,

and I will tell you what terms like “gross negligence” mean.

Use Note

Use (1) or (1) and (2) as applicable.

History

M Crim JI 7.3 (formerly CJI2d 7.3) was CJI 7:1:03-7:1:05. Amended October, 1993; September, 1995.

Reference Guide

Statutes

MCL 750.329.

Case Law

People v Jones, 419 Mich 577, 358 NW2d 837 (1984); People v Ora Jones, 395 Mich 379, 236 NW2d 461 (1975);

People v St Cyr, 392 Mich 605, 221 NW2d 389 (1974); People v Pepper, 389 Mich 317, 206 NW2d 439 (1973);

People v Hess, 214 Mich App 33, 37-38, 543 NW2d 332 (1995); People v Martin, 130 Mich App 609, 344 NW2d

17 (1983).

Page 7-5 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

M Crim JI 7.3a Accident as Defense to Specific Intent Crime

The defendant says that [he / she] is not guilty of [state crime] because [he / she] did not intend to [state specific

intent required]. The defendant says that [his / her] conduct was accidental. If the defendant did not intend to [state

specific intent required], [he / she] is not guilty. The prosecutor must prove beyond a reasonable doubt that the

defendant intended to [state specific intent required].

Use Note

Use this instruction where the defense of accident is claimed to negate specific intent.

History

M Crim JI 7.3a (formerly CJI2d 7.3a) new October, 1993.

Reference Guide

Case Law

People v Mills, 450 Mich 61, 537 NW2d 909 (1995); People v Owens, 108 Mich App 600, 310 NW2d 819 (1981).

Chapter 7. Defenses

Page 7-6 Michigan Model Criminal Jury Instructions

M Crim JI 7.4 Lack of Presence (Alibi)

(1) You have heard evidence that the defendant could not have committed the alleged crime because [he / she] was

somewhere else when the crime was committed.

(2) The prosecutor must prove beyond a reasonable doubt that the defendant was actually there when the alleged

crime was committed. The defendant does not have to prove [he / she] was somewhere else.

(3) If, after carefully considering all the evidence, you have a reasonable doubt about whether the defendant was

actually present when the alleged crime was committed, you must find [him / her] not guilty.

Use Note

This instruction is not to be used when the defendant is charged under circumstances where his presence is not

required at the time and place of the commission of the crime. See 23A CJS, Criminal Law 1203 at 536. Thus, if the

defendant is charged as an aider and abettor, this instruction should normally not be used. But see People v

Matthews, 163 Mich App 244, 247-248, 413 NW2d 755 (1987): if the defendant is charged as an aider and abettor

in such circumstances that his or her presence is required (as the getaway driver, for example), the alibi instruction

should be given.

The instruction on identification, M Crim JI 7.8, should be given in many alibi cases, followed by this instruction

or, where there is accomplice testimony, by a cautionary instruction on such testimony.

The committee feels that the term “alibi” has negative connotations and suggests the use of the term “lack of

presence” as an alternative.

History

M Crim JI 7.4 (formerly CJI2d 7.4) was CJI 7:2:01-7:2:02.

Reference Guide

Case Law

People v Travis, 443 Mich 668, 505 NW2d 563 (1993); People v McGinnis, 402 Mich 343, 262 NW2d 669 (1978);

People v Burden, 395 Mich 462, 236 NW2d 505 (1975); People v Loudenslager, 327 Mich 718, 42 NW2d 834

(1950); People v Mullane, 256 Mich 54, 239 NW 282 (1931); People v Miller, 250 Mich 72, 229 NW 475 (1930);

People v Mott, 140 Mich App 289, 364 NW2d 696 (1985); People v Heatwole, 83 Mich App 732, 269 NW2d 283

(1978); People v Bryant, 80 Mich App 428, 264 NW2d 13 (1978); People v Erb, 48 Mich App 622, 211 NW2d 51

(1973).

Page 7-7 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

M Crim JI 7.5 Claim of Right

(1) To be guilty of [larceny / robbery / (state other crime)], a person must intend to steal. In this case, there has been

some evidence that the defendant took the property because [he / she] claimed the right to do so. If so, the

defendant did not intend to steal.

(2) When does such a claimed right exist? It exists if the defendant took the property honestly believing that it was

legally [his / hers] or that [he / she] had a legal right to have it. Two things are important: the defendant’s belief

must be honest, and [he / she] must claim a legal right to the property.

(3) You should notice that the test is whether the defendant honestly believed [he / she] had such a right. It does not

matter if the defendant was mistaken or should have known otherwise. [It also does not matter if the defendant

(used force / trespassed) to get the property or if [he / she] knew that someone else claimed the property.]

(4) The defendant does not have to prove [he / she] claimed the right to take the property. Instead, the prosecutor

must prove beyond a reasonable doubt that the defendant took the property without a good-faith claimed right

to do so.

Use Note

The evidence must indicate the defendant thought the property to be legally his, and that he was operating under an

honest conviction that he was acting under claim of right. If the evidence does not show this, no claim of right

instruction should be given.

There is some authority contradicting the statement in paragraph (4) of this instruction that the prosecution must

prove beyond a reasonable doubt that the defendant took the property without a good-faith claimed right to do so.

See People v Cain, 238 Mich App 95, 120 n10, 605 NW2d 28 (1999) (“It is important to note that this claim of right

defense merely creates a question of fact for the jury and does not establish an affirmative defense, which would

then require the prosecution to prove that [the defendant] was not acting under a good-faith belief in a claim of

right”).

History

M Crim JI 7.5 (formerly CJI2d 7.5) was CJI 7:3:01.

Reference Guide

Case Law

People v Shaunding, 268 Mich 218, 255 NW 770 (1934); People v Henry, 202 Mich 450, 168 NW 534 (1918);

People v Hillhouse, 80 Mich 580, 45 NW 484 (1890); People v Cain, 238 Mich App 95, 119, 605 NW2d 28 (1999);

People v Pohl, 202 Mich App 203, 507 NW2d 819 (1993), remanded, 445 Mich 918 (1994); People v Karasek, 63

Mich App 706, 234 NW2d 761 (1975); People v McCann, 42 Mich App 47, 201 NW2d 345 (1972).

Chapter 7. Defenses

Page 7-8 Michigan Model Criminal Jury Instructions

M Crim JI 7.6 Duress

(1) The defendant says that [he / she] is not guilty because someone else’s threatening behavior made [him / her]

act as [he / she] did. This is called the defense of duress.

(2) The defendant is not guilty if [he / she] committed the crime under duress. Under the law, there was duress if

[four / five] things were true:

(a) One, the threatening behavior would have made a reasonable person fear death or serious bodily harm;

(b) Two, the defendant actually was afraid of death or serious bodily harm;

(d) Four, the defendant committed the act to avoid the threatened harm.

[(e) Five, the situation did not arise because of the defendant’s fault or negligence.]

(3) In deciding whether duress made the defendant act as [he / she] did, think carefully about all the circumstances

as shown by the evidence.

(4) Think about the nature of any force or threats. Think about the background and character of the person who

made the threats or used force. Think about the defendant’s situation when [he / she] committed the alleged act.

Could [he / she] have avoided the harm [he / she] feared in some other way than by committing the act? Think

about how reasonable these other means would have seemed to a person in the defendant’s situation at the time

of the alleged act.

(5) The prosecutor must prove beyond a reasonable doubt that the defendant was not acting under duress. If [he /

she] fails to do so, then you must find the defendant not guilty.

Use Note

This instruction should be used only when there is some evidence of the essential elements of duress.

Use (e) only where there is some evidence that the defendant found himself in the position of having to commit

the crime through his own fault or negligence. Michigan law is unclear on whether a defendant can claim duress

only where the defendant is completely free of fault.

In escape cases, the special factors listed in M Crim JI 7.7 should also be given if they are supported by competent

evidence.

History

M Crim JI 7.6 (formerly CJI2d 7.6) was CJI 7:5:01-7:5:03.

Page 7-9 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

Reference Guide

Case Law

People v Lemons, 454 Mich 234, 248, 562 NW2d 447 (1997); People v Luther, 394 Mich 619, 232 NW2d 184

(1975), aff’g 53 Mich App 648, 219 NW2d 812 (1974); People v Merhige, 212 Mich 601, 180 NW 418 (1920);

People v Dittis, 157 Mich App 38, 403 NW2d 94 (1987); People v Hubbard, 115 Mich App 73, 320 NW2d 294

(1982); People v Mendoza, 108 Mich App 733, 742, 310 NW2d 860 (1981); People v Stephens, 103 Mich App 640,

644, 303 NW2d 51 (1981); People v Martin, 100 Mich App 447, 452-453, 298 NW2d 900 (1980); People v

Hocquard, 64 Mich App 331, 236 NW2d 72 (1975); People v Richter, 54 Mich App 598, 221 NW2d 429 (1974);

People v Kelly, 51 Mich App 28, 214 NW2d 334 (1973); People v Field, 28 Mich App 476, 477-478, 184 NW2d

551 (1970); People v Spalding, 17 Mich App 73, 76, 169 NW2d 163 (1969).

Chapter 7. Defenses

Page 7-10 Michigan Model Criminal Jury Instructions

M Crim JI 7.7 Special Factors in Escape Cases

You may also consider the following things:

(a) Was the defendant faced with a specific threat of death, forcible sexual attack, or substantial bodily injury

in the immediate future?

(b) Was there time for [him / her] to complain to those in charge?

(d) Did the defendant have the time or the chance to take action in the courts?

(e) Did the defendant use force or violence against innocent people or prison employees during the escape?

(f) Did the defendant immediately report to the proper authorities after [he / she] was safe from the immediate

threat?

Use Note

This instruction should be given only in escape cases. See MCL 768.21b(4) and People v Luther, 394 Mich 619,

622-624, 232 NW2d 184, 186-187 (1975). M Crim JI 7.6 should be given first, followed by any of the factors listed

in this instruction that are supported by competent evidence. Only those factors that are supported by the evidence

should be given.

History

M Crim JI 7.7 (formerly CJI2d 7.7) was CJI 7:5:04.

Reference Guide

Case Law

United States v Bailey, 444 US 394, 410-411 (1980); People v Andrews, 192 Mich App 706, 481 NW2d 831 (1992);

People v Rau, 174 Mich App 339, 436 NW2d 409 (1989); People v Sekoian, 169 Mich App 609, 614, 426 NW2d

412 (1988); People v Blair, 157 Mich App 43, 403 NW2d 96 (1987); People v Crooks, 151 Mich App 389, 390

NW2d 250 (1986); People v Luther, 53 Mich App 648, 219 NW2d 812 (1974), aff’d, 394 Mich 619, 232 NW2d 184

(1975).

Page 7-11 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

M Crim JI 7.8 Identification

(1) One of the issues in this case is the identification of the defendant as the person who committed the crime. The

prosecutor must prove beyond a reasonable doubt that the crime was committed and that the defendant was the

person who committed it.

(2) In deciding how dependable an identification is, think about such things as how good a chance the witness had

to see the offender at the time, how long the witness was watching, whether the witness had seen or known the

offender before, how far away the witness was, whether the area was well-lighted, and the witness’s state of

mind at that time.

(3) Also, think about the circumstances at the time of the identification, such as how much time had passed since

the crime, how sure the witness was about the identification, and the witness’s state of mind during the

identification.

[(4) You may also consider any times that the witness failed to identify the defendant, or made an identification or

gave a description that did not agree with (his / her) identification of the defendant during trial.]

(5) You should examine the witness’s identification testimony carefully. You may consider whether other evidence

supports the identification, because then it may be more reliable. However, you may use the identification

testimony alone to convict the defendant, as long as you believe the testimony and you find that it proves beyond

a reasonable doubt that the defendant was the person who committed the crime.

Use Note

This instruction should be given, upon request, in every case in which identity is in issue.

The bracketed portion should be given, upon request, when supported by the evidence.

History

M Crim JI 7.8 (formerly CJI2d 7.8) was CJI 7:7:01.

Reference Guide

Case Law

Manson v Brathwaite, 432 US 98, 114 (1977); Neil v Biggers, 409 US 188 (1972); In re Winship, 397 US 358

(1970); People v Wright, 408 Mich 1, 289 NW2d 1 (1980); People v Kachar, 400 Mich 78, 95-96, 252 NW2d 807

(1977); People v Anderson, 389 Mich 155, 180, 205 NW2d 461 (1973); People v Storch, 176 Mich App 414, 440

NW2d 14 (1989); People v Young, 146 Mich App 337, 379 NW2d 491 (1985).

Chapter 7. Defenses

Page 7-12 Michigan Model Criminal Jury Instructions

M Crim JI 7.9 The Meanings of Mental Illness, Intellectual Disability and Legal Insanity

(1) One of the defenses that will be raised in this case is that the defendant was legally insane at the time of the

crime. Under the law, mental illness and legal insanity are not the same. A person can be mentally ill and still

not be legally insane. Because of this, and because the law treats people who commit crimes differently

depending on their mental state at the time of the crime, it is important for you to understand the legal meanings

of “mental illness,” “intellectual disability,” and “legal insanity.”

(2) “Mental illness” is defined by law as a substantial disorder of thought or mood that significantly impairs

judgment, behavior, capacity to recognize reality, or the ability to cope with the ordinary demands of life.

(3) “Intellectual disability” means significantly subaverage intellectual functioning that appeared before the

defendant was 18 years old and impaired two or more of [his / her] adaptive skills.

(4) To be legally insane, a person must first be either mentally ill or intellectually disabled, as I have defined those

conditions. But that is not enough. To be legally insane, the person must, because of [his / her] mental illness or

intellectual disability, lack substantial capacity either to appreciate the nature and quality or the wrongfulness

of [his / her] conduct or to conform [his / her] conduct to the requirements of the law.

Use Note

If the defendant plans to assert an insanity defense, an instruction such as this one must be given before testimony

is presented on the issue. MCL 768.29a(1). Filing a notice of intent to assert an insanity defense is not the same as

actually asserting the defense at trial. Before trial, the court should ask if the defendant plans to raise the insanity

defense. If he does not, the court should not give this instruction. The statute mandates that definitions of mental

illness and intellectual disability be given. If defendant’s counsel does not want the definition of intellectual

disability (or mental illness) because it is inappropriate and confusing, the Criminal Jury Instruction Committee

suggests that the defendant place a waiver on the record prior to trial.

When instructing prior to deliberations, use M Crim JI 7.11.

The court may provide the jury with a definition of adaptive skills where appropriate. The phrase is defined in MCL

330.1100a(3), and means skills in 1 or more of the following areas:

(a) Communication

(b) Self-care

(d) Social skills

(e) Community use

(f) Self-direction

Page 7-13 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

(g) Health and safety

(h) Functional academics

(i) Leisure

(j) Work

History

M Crim JI 7.9 (formerly CJI2d 7.9) was CJI 7:8:01. This instruction was modified by the committee in June 1994,

to reflect the legislative change in the definition of legal insanity found in 1994 PA 56, amending MCL 768.21a.

The instruction was modified in January 2015 to reflect a statutory change from the phrase “mental retardation” to

“intellectual disability,” and to conform the definitional language to that used in the statute.

Reference Guide

Statutes

MCL 330.1100a(3), 768.29a(1)

Case Law

People v Grant, 445 Mich 535, 520 NW2d 123 (1994).

Chapter 7. Defenses

Page 7-14 Michigan Model Criminal Jury Instructions

M Crim JI 7.10 Person Under the Influence of Alcohol or Controlled Substances

(1) A person is not legally insane just because [he / she] was voluntarily intoxicated by alcohol or drugs at the time

of the crime.

[(2) Drug intoxication is not voluntary and may be a defense if the defendant was unexpectedly intoxicated by the

use of a prescribed drug. Intoxication was not voluntary where,

(a) the defendant did not know or have reason to know that the prescribed drug was likely to be intoxicating,

(b) the prescribed drug, not another intoxicant, must have caused the defendant’s intoxication, and

form the intent necessary to commit the crime charged.]

[(3) A person can become legally insane by the voluntary, continued use of mind-altering substances like alcohol or

drugs if their use results in a settled condition of insanity before, during, and after the alleged offense.]

(4) Of course, a mentally ill [or intellectually disabled] person can also be intoxicated, and both conditions may

influence what [he / she] does. You should decide whether the defendant was mentally ill [or intellectually

disabled] at the time of the crime. If [he / she] was, you should use the definitions I gave you to decide whether

[he / she] was also legally insane.

Use Note

Use this paragraph only if the defendant is claiming that he or she was unexpectedly intoxicated by the use of a

prescribed drug as described in People v Caulley, 197 Mich App 177, 494 NW2d 853 (1992).

Use this paragraph only if the defendant is claiming that a settled condition of legal insanity resulted from

voluntary substance abuse as described in People v Conrad, 148 Mich App 433, 385 NW2d 277 (1986). If the

defendant plans to assert an insanity defense, an instruction such as this one must be given before testimony is

presented on the issue. MCL 768.29a(1). Presumably this is true only where intoxication is an issue in the case. In

People v Anderson, 166 Mich App 455, 466-467, 421 NW2d 200 (1988), the court of appeals approved giving the

statutory definition of MCL 768.21a, rather than CJI 7:8:02 (now M Crim JI 7.10). This instruction may also be

given before jury deliberations (see M Crim JI 7.11).

History

M Crim JI 7.10 (formerly CJI2d 7.10) was CJI 7:8:02. Amended June 1990; October, 1993; January 2016.

Reference Guide

Statutes

Page 7-15 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

MCL 768.21a(2).

Case Law

People v Savoie, 419 Mich 118, 129 n4, 349 NW2d 139 (1984); People v Caulley, 197 Mich App 177, 494 NW2d

853 (1992); People v Conrad, 148 Mich App 433, 385 NW2d 277 (1986); People v Matulonis, 115 Mich App 263,

320 NW2d 238 (1982).

Chapter 7. Defenses

Page 7-16 Michigan Model Criminal Jury Instructions

M Crim JI 7.11 Legal Insanity; Mental Illness; Intellectual Disability; Burden of Proof

(1) The defendant says that [he / she] is not guilty by reason of insanity. A person is legally insane if, as a result of

mental illness or intellectual disability, [he / she] was incapable of understanding the wrongfulness of [his / her]

conduct, or was unable to conform [his / her] conduct to the requirements of the law. The burden is on the

defendant to show that [he / she] was legally insane.

(2) Before considering the insanity defense, you must be convinced beyond a reasonable doubt that the defendant

committed the [crime / crimes] charged by the prosecutor. If you are not, your verdict should simply be not

guilty of [that / those] offense[s]. If you are convinced that the defendant committed an offense, you should

consider the defendant’s claim that [he / she] was legally insane.

(3) In order to establish that [he / she] was legally insane, the defendant must prove two elements by a

preponderance of the evidence. A preponderance of the evidence means that [he / she] must prove that it is more

likely than not that each of the elements is true.

(4) First, the defendant must prove that [he / she] was mentally ill and/or intellectually disabled.

(a) “Mental illness” means a substantial disorder of thought or mood that significantly impairs judgment,

behavior, capacity to recognize reality, or the ability to cope with the ordinary demands of life.

(b) “Intellectual disability” means significantly subaverage intellectual functioning that appeared before the

defendant was 18 years old and impaired two or more of [his / her] adaptive skills.

(5) Second, the defendant must prove that, as a result of [his / her] mental illness and/or intellectual disability, [he

/ she] either lacked substantial capacity to appreciate the nature and wrongfulness of [his / her] act, or lacked

substantial capacity to conform [his / her] conduct to the requirements of the law.

(6) You should consider these elements separately. If you find that the defendant has proved both of these elements

by a preponderance of the evidence, then you must find [him / her] not guilty by reason of insanity. If the

defendant has failed to prove either or both elements, [he / she] was not legally insane.

Use Note

An individual who was under the influence of voluntarily consumed or injected alcohol or controlled substances at

the time of his or her alleged offense is not considered to have been legally insane solely because of being under the

influence of the alcohol or controlled substances. MCL 768.21a(2).

This paragraph may be modified if the defendant is claiming only one aspect of this element.

The court may provide the jury with a definition of “adaptive skills” where appropriate. The phrase is defined in

MCL 330.1100a(3) and means skills in 1 or more of the following areas:

(a) Communication.

Page 7-17 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

(b) Self-care.

(d) Social skills.

(e) Community use.

(f) Self-direction.

(g) Health and safety.

(h) Functional academics.

(i) Leisure.

(j) Work.

History

M Crim JI 7.11 (formerly CJI2d 7.11) was CJI 7:8:02A-7:8:06, 7:8:13.

The instruction was modified in June 1994 to reflect the effect of 1994 PA 56, amending MCL 768.21a, which

changed the burden of proof and requires the defendant to establish legal insanity by a preponderance of the

evidence.

The instruction was modified in January 2015 to reflect a statutory change from the phrase “mental retardation” to

“intellectual disability,” and to conform the definitional language to that used in the statute.

The instruction was modified in August 2016 to remove repetitive language and over-emphasis of a defendant’s duty

to prove the defense.

Reference Guide

Statutes

MCL 330.1100a(3), 330.1100b(15), .1400(g), 768.20a, .21, .21a

Case Law

People v McRunels, 237 Mich App 168, 603 NW2d 95 (1999); People v Munn, 25 Mich App 165, 181 NW2d 28

(1970); People v Deneweth, 14 Mich App 604, 165 NW2d 910 (1968).

Chapter 7. Defenses

Page 7-18 Michigan Model Criminal Jury Instructions

M Crim JI 7.12 Definition of Guilty but Mentally Ill

(1) There is another verdict that is completely different from the verdict of not guilty because of insanity. This is

called “guilty but mentally ill.”?

(2) To find the defendant guilty but mentally ill, you must find each of the following:

(3) First, the prosecutor has proven beyond a reasonable doubt that the defendant is guilty of a crime.

(4) Second, that the defendant has proven by a preponderance of the evidence that [he / she] was mentally ill, as I

have defined that term for you, at the time of the crime.

(5) Third, that the defendant has not proven by a preponderance of the evidence that [he / she] lacked the substantial

capacity either to appreciate the nature and quality or the wrongfulness of [his / her] conduct or to conform [his

/ her] conduct to the requirements of the law.

Use Note

MCL 768.29a(2) requires an instruction on guilty but mentally ill whenever there is an instruction on insanity.

People v Mikulin, 84 Mich App 705, 270 NW2d 500 (1978). A guilty but mentally ill instruction cannot be waived

by the defendant. People v Ritsema, 105 Mich App 602, 307 NW2d 380 (1981).

History

M Crim JI 7.12 (formerly CJI2d 7.12) was CJI 7:8:09 and was amended in October, 2002, to set forth the statutory

elements found at MCL 768.36(1) as amended by 2002 PA 245, effective May 1, 2002.

Reference Guide

Statutes

MCL 768.36(1).

Case Law

People v Ramsey, 422 Mich 500, 375 NW2d 297 (1985); People v Goad, 421 Mich 20, 364 NW2d 584 (1984).

Page 7-19 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

M Crim JI 7.13 Insanity at the Time of the Crime

You must judge the defendant’s mental state at the time of the alleged crime. You may consider evidence about [his

/ her] mental condition before and after the crime, but only to help you judge [his / her] mental state at the time of

the alleged crime.

History

M Crim JI 7.13 (formerly CJI2d 7.13) was CJI 7:8:11.

Reference Guide

Statutes

MCL 768.21a.

Case Law

People v Murphy, 416 Mich 453, 461-462, 331 NW2d 152 (1982); People v Woody, 380 Mich 332, 335-338, 157

NW2d 201 (1968).

Chapter 7. Defenses

Page 7-20 Michigan Model Criminal Jury Instructions

M Crim JI 7.14 Permanent or Temporary Insanity

Legal insanity may be permanent or temporary. You must decide whether the defendant was legally insane at the

time of the alleged crime.

Use Note

The committee recommends that this instruction be given if requested.

History

M Crim JI 7.14 (formerly CJI2d 7.14) was CJI 7:8:12.

Reference Guide

Case Law

People v Finley, 38 Mich 482, 483 (1878); People v Wright, 58 Mich App 735, 739, 228 NW2d 807 (1975); People

v Jordan, 51 Mich App 710, 713, 216 NW2d 71 (1974).

Page 7-21 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

M Crim JI 7.15 Use of Deadly Force in Self-Defense

(1) The defendant claims that [he / she] acted in lawful self-defense. A person has the right to use force or even take

a life to defend [himself / herself] under certain circumstances. If a person acts in lawful self-defense, that

person’s actions are justified and [he / she] is not guilty of [state crime].

(2) You should consider all the evidence and use the following rules to decide whether the defendant acted in lawful

self-defense. Remember to judge the defendant’s conduct according to how the circumstances appeared to [him

/ her] at the time [he / she] acted.

(3) First, at the time [he / she] acted, the defendant must have honestly and reasonably believed that [he / she] was

in danger of being [killed / seriously injured / sexually assaulted]. If the defendant’s belief was honest and

reasonable, [he / she] could act immediately to defend [himself / herself] even if it turned out later that [he / she]

was wrong about how much danger [he / she] was in. In deciding if the defendant’s belief was honest and

reasonable, you should consider all the circumstances as they appeared to the defendant at the time.

(4) Second, a person may not kill or seriously injure another person just to protect [himself / herself] against what

seems like a threat of only minor injury. The defendant must have been afraid of [death / serious physical injury

/ sexual assault]. When you decide if the defendant was afraid of one or more of these, you should consider all

the circumstances: [the condition of the people involved, including their relative strength / whether the other

person was armed with a dangerous weapon or had some other means of injuring the defendant / the nature of

the other person’s attack or threat / whether the defendant knew about any previous violent acts or threats made

by the other person].

(5) Third, at the time [he / she] acted, the defendant must have honestly and reasonably believed that what [he / she]

did was immediately necessary. Under the law, a person may only use as much force as [he / she] thinks is

necessary at the time to protect [himself / herself]. When you decide whether the amount of force used seemed

to be necessary, you may consider whether the defendant knew about any other ways of protecting [himself /

herself], but you may also consider how the excitement of the moment affected the choice the defendant made.

Use Note

Use this instruction when requested where some evidence of self-defense has been introduced or elicited. Where

there is evidence that, at the time that the defendant used deadly force, he or she was engaged in the commission of

some other crime, the Committee on Model Criminal Jury Instructions believes that circumstances of the case may

provide the court with a basis to instruct the jury that the defendant does not lose the right to self-defense if the

commission of that other offense was not likely to lead to the other person’s assaultive behavior. See People v

Townes, 391 Mich 578, 593; 218 NW2d 136 (1974). The committee expresses no opinion regarding the availability

of self-defense where the other offense may lead to assaultive behavior by another..

History

M Crim JI 7.15 (formerly CJI2d 7.15) was CJI 7:9:01; amended June 1990; June 1991; September, 2005, September,

2007; November, 2019.

Chapter 7. Defenses

Page 7-22 Michigan Model Criminal Jury Instructions

Reference Guide

Statutes

MCL 780.971 et seq.

Case Law

People v Goree, 296 Mich App 293, 819 NW2d 82 (2012); People v Conyer, 281 Mich App 526, 762 NW2d 198

(2008).

Page 7-23 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

M Crim JI 7.16 Conditions for Using Force or Deadly Force

[Select from the following depending on the evidence and circumstances:]

(1) A person can use [force / deadly force] in self-defense only where it is necessary to do so. If the defendant could

have safely retreated but did not do so, you may consider that fact in deciding whether the defendant honestly

and reasonably believed [he / she] needed to use [force / deadly force] in self-defense.

[or]

(1) A defendant who [assaults someone else with fists or a weapon that is not deadly / insults someone with words

/ trespasses on someone else’s property / tries to take someone else’s property in a nonviolent way] does not lose

all right to self-defense. If someone else assaults [him / her] with deadly force, the defendant may act in self-

defense but only if [he / she] retreated where it would have been safe to do so.

(2) However,

a person is never required to retreat under some circumstances. [He / She] does not need to retreat

if [attacked in (his / her) own home / (he / she) reasonably believes that an attacker is about to use a deadly

weapon / (he / she) is subjected to a sudden, fierce, and violent attack].

(3) Further, a person is not required to retreat if he or she

(a) has not or is not engaged in the commission of a crime at the time the [force / deadly force] is used,

(b) has a legal right to be where he or she is at that time, and

[Select from the following according to whether the defendant used deadly force or nondeadly force:]

great bodily harm / sexual assault] of [himself / herself] or another person.

[or]

of force of

against [himself / herself] or another person.

Use Note

Use this instruction when requested where some evidence of self-defense has been introduced or elicited. Where

there is evidence that, at the time that the defendant used force or deadly force, he or she was engaged in the

commission of some other crime, the Committee on Model Criminal Jury Instructions believes that circumstances

of the case may provide the court with a basis to instruct the jury that the defendant does not lose the right to self-

defense if the commission of that other offense was not likely to lead to the other person’s assaultive behavior.

See People v Townes, 391 Mich 578, 593; 218 NW2d 136 (1974). The committee expresses no opinion regarding

the availability of self-defense where the other offense may lead to assaultive behavior by another.

Chapter 7. Defenses

Page 7-24 Michigan Model Criminal Jury Instructions

1. Paragraph (1) and “However” should be given only if there is a dispute whether the defendant had a duty to

retreat. See People v Richardson, 490 Mich 115; 803 NW2d 302 (2011).

2. The court may read whatever alternatives may apply or adapt them to other circumstances according to the

evidence presented at trial.

History

M Crim JI 7.16 (formerly CJI2d 7.16) was CJI 7:9:02; amended October, 2002; September, 2007; November, 2019;

March 2023; June 2023. M Crim JI 7.19 (formerly CJI2d 7.19) was CJI 7:9:05; amended October 2002.

MCrimJI 7.16 and 7.19 combined May 2023.

Reference Guide

Statutes

MCL 780.951 et seq; 780.971 et seq.

Case Law

People v Riddle, 467 Mich 116; 649 NW2d 30 (2002); People v Townes, 391 Mich 578, 593, 218 NW2d 136 (1974);

People v Conyer, 281 Mich App 526; 762 NW2d 198 (2008); People v Smith, 67 Mich App 145, 155, 240 NW2d

475 (1976); People v Ogilvie, ___ Mich App ___; ___ NW2d ___ (2022).

Page 7-25 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

M Crim JI 7.16a Rebuttable Presumption Regarding Fear of Death, Great Bodily Harm,

or Sexual Assault

(1) If you find both that -

(a) the deceased was in the process of breaking and entering a business or dwelling, or committing home

invasion, or had broken into a business or dwelling, or committed home invasion and was still present in the

business or dwelling, or was unlawfully attempting to remove a person from a dwelling, business, or vehicle

against the person’s will,

and

(b) the defendant honestly and reasonably believed the deceased was engaged in any of the conduct just

described

- it is presumed that the defendant had an honest and reasonable belief that imminent [death / great bodily harm

/ sexual assault] would occur. The prosecutor can overcome this presumption by proving beyond a reasonable

doubt that the defendant did not have an honest and reasonable belief that [death / great bodily harm / sexual

assault] was imminent.

(2) This presumption does not apply if-

[Use the appropriate paragraph below based on the claims of the parties and the evidence admitted.]

(a) the deceased had the legal right to be in the dwelling, business, or vehicle and there was not a “no contact”

[court order / pretrial supervision order / probation order / parole order] against the deceased, or

(b) the individual being removed was a child or grandchild or otherwise in the lawful custody of the deceased

victim, or

to further the commission of a crime, or

(d) the deceased was a peace officer who was entering or attempting to enter the premises or vehicle in the

performance of his or her duties, or

(e) the deceased was [the spouse of the defendant / the former spouse of the defendant / a person with whom

the defendant had or previously had a dating relationship / a person with whom the defendant had a child in

common / a resident or former resident of the defendant’s household], and the defendant had a prior history

of domestic violence

as the aggressor.

Use Note

1. For the definition of “domestic violence,” see MCL 400.1501(1)(d).

Chapter 7. Defenses

Page 7-26 Michigan Model Criminal Jury Instructions

Reference Guide

Statutes

MCL 780.951, et seq.

MCL 780.971, et seq.

Case Law

People v Conyer, 281 Mich App 526, 762 NW2d 198 (2008).

Page 7-27 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

M Crim JI 7.17 Use of Deadly Force in Defense of the Home

(1) The defendant claims that [he / she] acted in lawful defense of [his / her] home. A person has the right to use

force or even take a life to defend [his / her] home under certain circumstances. If a person acts in lawful defense

of [his / her] home, that person’s actions are justified and [he / she] is not guilty of [state crime].

(2) You should consider all the evidence and use the following rules to decide whether the defendant acted in lawful

defense of [his/ her] home. Remember to judge the defendant’s conduct according to how the circumstances

appeared to the defendant at the time [he / she] acted.

(3) A person may use deadly force to defend [his / her] home where both of the following conditions exist:

(a) First, at the time [he / she] acted, the defendant must have honestly and reasonably believed that the person

whom [he / she] killed or injured used force to enter the defendant’s home, or was forcibly attempting to

enter the defendant’s home, and had no right to enter [his / her] home. The use of any force may be

sufficient, including opening a door or raising a window.

(b) Second, at the time [he / she] acted, the defendant must have honestly and reasonably believed that the

person whom [he / she] killed or injured intended to steal property from the home or do bodily injury to the

defendant or someone else who was lawfully in the home, or intended to commit a sexual assault against

the defendant or someone else who was lawfully in the home.

If the defendant honestly and reasonably believed that both of those conditions existed, [he / she] could act

immediately to defend [his / her] home even if it turned out later that [he / she] was wrong about those conditions.

In deciding if the defendant’s belief was honest and reasonable, you should consider all the circumstances as they

appeared to the defendant at the time.

(4) At the time [he / she] acted, the defendant must have honestly and reasonably believed that what [he / she] did

was immediately necessary. Under the law, a person may only use as much force as [he / she] thinks is necessary

at the time to defend [his / her] home. When you decide whether the amount of force used seemed to be

necessary, you may consider whether the defendant knew about any other ways of defending [his / her] home,

but you may also consider how the excitement of the moment affected the choice the defendant made.

(5) Where the defendant contends that [he / she] used deadly force to defend [his / her] home, the prosecutor must

prove beyond a reasonable doubt that the defendant was not acting in defense of [his / her] home because [he /

she] did not have a reasonable belief that [name person killed or injured by defendant] was forcibly entering the

home intending to steal property or intending to injure or sexually assault someone lawfully in the home.

(6) When you decide whether the prosecutor proved that the defendant did not have a reasonable belief that [name

person killed or injured by defendant] was forcibly entering the home intending to steal property or intending

to injure or sexually assault someone lawfully in the home, you should consider all of the circumstances: [the

condition of the people involved, including their relative strength / whether (name person killed or injured by

defendant) was armed with a dangerous weapon or had some other means of injuring the defendant / the nature

of any attack or threat by (name person killed or injured by defendant) / whether the defendant knew (name

person killed or injured by defendant) and about any previous violent acts by (him / her) or threats (he / she)

made / (cite any other circumstance that may apply)].

Chapter 7. Defenses

Page 7-28 Michigan Model Criminal Jury Instructions

Use Note

The Committee on Model Criminal Jury Instructions has prepared this instruction concerning the common-law

defense of habitation, see Pond v. People, 8 Mich 150, 176 (1860), but would note there exists a substantial question

whether that defense survives the promulgation of the Presumption Regarding Self-Defense, particularly MCL

780.951, and the Self-Defense Act. See also M Crim JI 7.16a. Resolution of that question is beyond the scope of the

charge of the Committee.

The court may provide all of the circumstances listed or eliminate those that are not pertinent according to the

evidence.

History

M Crim JI 7.17 was adopted March 1, 2020.

Page 7-29 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

M Crim JI 7.18 Deadly Aggressor-Withdrawal

A person who started an assault on someone else [with deadly force / with a dangerous or deadly weapon] cannot

claim that [he / she] acted in self-defense unless [he / she] genuinely stopped [fighting / (his / her) assault] and clearly

let the other person know that [he / she] wanted to make peace. Then, if the other person kept on fighting or started

fighting again later, the defendant had the same right to defend [himself / herself] as anyone else and could use force

to save [himself / herself] from immediate physical harm.

Use Note

If supported by the facts, failure to give this instruction sua sponte is reversible error.

History

M Crim JI 7.18 (formerly CJI2d 7.18) was CJI 7:9:04.

Reference Guide

Case Law

People v Townes, 391 Mich 578, 218 NW2d 136 (1974); People v Van Camp, 356 Mich 593, 97 NW2d 726 (1959);

People v Terrell, 106 Mich App 319, 321, 308 NW2d 183 (1981); People v Kerley, 95 Mich App 74, 83-84, 289

NW2d 883 (1980); People v Peoples, 75 Mich App 616, 255 NW2d 707 (1977); People v Van Horn, 64 Mich App

112, 235 NW2d 80 (1975); People v Matthews, 17 Mich App 48, 169 NW2d 138 (1969).

Chapter 7. Defenses

Page 7-30 Michigan Model Criminal Jury Instructions

M Crim JI 7.19 Nondeadly Aggressor Assaulted with Deadly Force [combined with M

Crim JI 7.16 in May 2023]

Page 7-31 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

M Crim JI 7.20 Burden of Proof-Self-Defense

The defendant does not have to prove that [he / she] acted in self-defense. Instead, the prosecutor must prove beyond

a reasonable doubt that the defendant did not act in self-defense.

Use Note

This instruction should be given where there is some evidence of self-defense. If there is no evidence of self-defense,

no instructions on self-defense should be given.

History

M Crim JI 7.20 (formerly CJI2d 7.20) was CJI 7:9:06.

Reference Guide

Case Law

People v Hoskins, 403 Mich 95, 267 NW2d 417 (1978); People v Jackson, 390 Mich 621, 212 NW2d 918 (1973);

People v Hunley, 313 Mich 688, 21 NW2d 923 (1946); People v Watts, 61 Mich App 309, 232 NW2d 396 (1975);

People v Brown, 34 Mich App 45, 190 NW2d 701 (1971); People v Johnson, 13 Mich App 69, 163 NW2d 688

(1968), rev’d on other grounds, 382 Mich 632, 172 NW2d 369 (1969).

Chapter 7. Defenses

Page 7-32 Michigan Model Criminal Jury Instructions

M Crim JI 7.21 Defense of Others-Deadly Force

(1) The defendant claims that [he / she] acted lawfully to defend ___________. A person has the right to use force

or even take a life to defend someone else under certain circumstances. If a person acts in lawful defense of

another, [his / her] actions are justified and [he / she] is not guilty of [state crime].

(2) You should consider all the evidence and use the following rules to decide whether the defendant acted in lawful

defense of another. Remember to judge the defendant’s conduct according to how the circumstances appeared

to [him / her] at the time [he / she] acted.

(3) First, when [he / she] acted, the defendant must have honestly and reasonably believed that ___________ was

in danger of being [killed / seriously injured / sexually assaulted]. If [his / her] belief was honest and reasonable,

[he / she] could act at once to defend ___________, even if it turns out later that the defendant was wrong about

how much danger ___________ was in.

(4) Second, if the defendant was only afraid that ___________ would receive a minor injury, then [he / she] was

not justified in killing or seriously injuring the attacker. The defendant must have been afraid that ___________

would be [killed / seriously injured / sexually assaulted]. When you decide if [he / she] was so afraid, you should

consider all the circumstances, such as: [the conditions of the people involved, including their relative strength

/ whether the other person was armed with a dangerous weapon or had some other means of injuring

___________ / the nature of the other person’s attack or threat / whether the defendant knew about any previous

violent acts or threats made by the attacker].

(5) Third, at the time [he / she] acted, the defendant must have honestly and reasonably believed that what [he / she]

did was immediately necessary. Under the law, a person may only use as much force as [he / she] thinks is

needed at the time to protect the other person. When you decide whether the force used appeared to be necessary,

you may consider whether the defendant knew about any other ways of protecting ___________, but you may

also consider how the excitement of the moment affected the choice the defendant made.

(6) The defendant does not have to prove that [he / she] acted in defense of ___________. Instead, the prosecutor

must prove beyond a reasonable doubt that the defendant did not act in defense of ___________.

History

M Crim JI 7.21 (formerly CJI2d 7.21) was CJI 7:9:07-7:9:08; amended September, 1990; June 1991; September,

2005; September, 2007; November, 2019.

Reference Guide

Statutes

MCL 780.951 et seq; 750.971 et seq.

Case Law

Page 7-33 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

People v Burkard, 374 Mich 430, 132 NW2d 106 (1965); Pond v People, 8 Mich 150, 174 (1860); People v Kurr,

253 Mich App 317, 654 NW2d 651 (2002); People v Wright, 25 Mich App 499, 181 NW2d 649 (1970).

Chapter 7. Defenses

Page 7-34 Michigan Model Criminal Jury Instructions

M Crim JI 7.22 Use of Nondeadly Force in Self-Defense or Defense of Others

(1) The defendant claims that [he / she] acted in lawful [self-defense / defense of ___________]. A person has the

right to use force to defend [himself / herself / another person] under certain circumstances. If a person acts in

lawful [self-defense / defense of others], [his / her] actions are justified and [he / she] is not guilty of [state

crime].

(2) You should consider all the evidence and use the following rules to decide whether the defendant acted in lawful

[self-defense / defense of ___________]. Remember to judge the defendant’s conduct according to how the

circumstances appeared to [him / her] at the time [he / she] acted.

(3) First, when [he / she] acted, the defendant must have honestly and reasonably believed that [he / she] had to use

force to protect [himself / herself / ___________] from the imminent unlawful use of force by another. If [his /

her] belief was honest and reasonable, [he / she] could act at once to defend [himself / herself / ___________],

even if it turns out later that [he / she] was wrong about how much danger [he / she / ___________] was in.

(4) Second, a person is only justified in using the degree of force that seems necessary at the time to protect [himself

/ herself / the other person] from danger. The defendant must have used the kind of force that was appropriate

to the attack made and the circumstances as [he / she] saw them. When you decide whether the force used was

what seemed necessary, you should consider whether the defendant knew about any other ways of protecting

[himself / herself / ___________], but you may also consider how the excitement of the moment affected the

choice the defendant made.

(5) Third, the right to defend [oneself / another person] only lasts as long as it seems necessary for the purpose of

protection.

(6) Fourth, the person claiming self-defense must not have acted wrongfully and brought on the assault. [However,

if the defendant only used words, that does not prevent (him / her) from claiming self-defense if (he / she) was

attacked.]

History

M Crim JI 7.22 (formerly CJI2d 7.22) was CJI 7:9:09; amended September 1990; September, 2005; September

2007; November, 2019.

Reference Guide

Statutes

MCL 780.951 et seq; 750.971 et seq.

Case Law

People v Heflin, 434 Mich 482, 502-503, 456 NW2d 10 (1990); Brownell v People, 38 Mich 732, 738 (1878); People

Page 7-35 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

v Hooper, 152 Mich App 243, 246-247, 394 NW2d 27 (1986); People v Deason, 148 Mich App 27, 384 NW2d 72

(1985); People v McGee, 66 Mich App 164, 169-170, 238 NW2d 564 (1975).

Chapter 7. Defenses

Page 7-36 Michigan Model Criminal Jury Instructions

M Crim JI 7.23 Past Violence by Complainant or Decedent

[Specific Acts]

(1) There has been evidence that the [complainant / decedent] may have committed violent acts in the past and that

the defendant knew about these acts. You may consider this evidence when you decide whether the defendant

honestly and reasonably feared for [his / her] safety.

[General Reputation]

(2) There has been evidence that the [complainant / decedent] may have had a reputation for cruelty or violence.

You may consider this evidence when you decide whether it was likely that the [complainant / decedent]

threatened to hurt the defendant physically, and whether the defendant honestly and reasonably feared for [his

/ her] safety.

History

M Crim JI 7.23 (formerly CJI2d 7.23) was CJI 7:9:10; amended September, 1990.

Reference Guide

Court Rules

MRE 404(a)(2).

Case Law

People v Harris, 458 Mich 310, 316, 583 NW2d 680 (1998); People v Heflin, 434 Mich 482, 502-503, 456 NW2d

10 (1990); People v Wright, 294 Mich 20, 292 NW 539 (1940); People v Walters, 223 Mich 676, 194 NW 538

(1923); People v Taylor, 195 Mich App 57, 489 NW2d 99 (1992); People v Wilson, 194 Mich App 599, 605, 487

NW2d 822 (1992); People v Kerley, 95 Mich App 74, 80, 289 NW2d 883 (1980).

Page 7-37 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

M Crim JI 7.24 Self-Defense Against Persons Acting in Concert

A defendant who is attacked by more than one person [or by one person and others helping and encouraging the

attacker] has the right to act in self-defense against all of them. [However, before using deadly force against one of

the attackers, the defendant must honestly and reasonably believe that (he / she) is in imminent danger of (death /

great bodily harm / sexual assault) by that particular person.]

Use Note

Use the second sentence only where the defendant used deadly force.

History

M Crim JI 7.24 (formerly CJI2d 7.24) was CJI 7:9:11; amended September, 1990; June 1991, September, 2007.

Reference Guide

Statutes

MCL 780.971 et seq.

Case Law

People v Johnson, 112 Mich App 483, 316 NW2d 247 (1982).

Chapter 7. Defenses

Page 7-38 Michigan Model Criminal Jury Instructions

M Crim JI 7.25 Self-Defense as Defense to Felon in Possession of a Firearm

(1) The defendant claims that [he / she] possessed the firearm in order to act in lawful [self-defense / defense of

___________]. A person may possess a firearm to defend [himself / herself / another person] under certain

circumstances, even where it would otherwise be unlawful for [him / her] to possess the firearm. If a person

possesses a firearm to act in lawful [self-defense / defense of others], [his / her] actions are justified, and [he /

she] is not guilty of being a felon in possession of a firearm.

(2) Just as when considering the claim of self-defense to the charge of [identify principal assaultive charge to which

the defendant is asserting self-defense],

you should consider all the evidence and use the following rules to

decide whether the defendant possessed a firearm to act in lawful [self-defense / defense of ___________]. You

should judge the defendant’s conduct according to how the circumstances appeared to [him / her] at the time [he

/ she] acted.

(3) First, when [he / she] acted, the defendant must have honestly and reasonably believed that [he / she] had to

possess a firearm to protect [himself / herself] from the imminent unlawful use of force by another. If [his / her]

belief was honest and reasonable, [he / she] could act to defend [himself / herself / ___________] with a firearm,

even if it turns out later that [he / she] was wrong about how much danger [he / she / ___________] was in.

(4) Second, a person is only justified in possessing a firearm when necessary at the time to protect [himself / herself

/ _______] from danger of death or serious injury. The defendant may only possess a firearm if it is appropriate

to the attack made and the circumstances as [he / she] saw them. When you decide whether the possession of

the firearm was what seemed necessary, you should consider whether the defendant knew about any other ways

of protecting [himself / herself], but you may also consider how the excitement of the moment affected the

choice the defendant made.

(5) Third, at the time [he / she] possessed the firearm, the defendant must not have been engaged in a criminal act

that would tend to provoke a person to try to defend [himself / herself] from the defendant.

Use Note

The court must read M Crim JI 7.20, Burden of Proof – Self Defense, for this instruction.

There will not always be an assaultive-offense count charged with the felon-in-possession charge. Eliminate this

first phrase if no assaultive offense is charged as a principal offense.

This paragraph should be given only when supported by the facts; that is, where there is evidence that, at the time

the defendant used deadly force, he or she was engaged in the commission of some crime likely to lead to the other

person’s assaultive behavior. For example, this paragraph is usually unwarranted if the defendant was engaged in a

drug transaction and used force in self-defense against an unprovoked attack by the other party in the

transaction. See People v Townes, 391 Mich 578, 593; 218 NW2d 136 (1974). On the other hand, this

paragraph would apply to a defendant who engaged in a robbery of another person and that other person reacted with

force. This paragraph is unnecessary where there are no issues other than who was the aggressor in the situation,

whether the defendant had an honest and reasonable belief of the use of imminent force by another, or whether the

degree of force used was necessary.

Page 7-39 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

History

This instruction was adopted by the committee in September, 2019, to address “self-defense” to felon-in-possession

of-a-firearm charges as permitted by People v Dupree, 486 Mich 693; 788 NW2d 399 (2010). The instruction was

also amended in June 2023.

Reference Guide

Case Law

People v Dupree, 486 Mich 693; 788 NW2d 399 (2010).

Chapter 7. Defenses

Page 7-40 Michigan Model Criminal Jury Instructions

M Crim JI 7.25a Self-Defense as Defense to Brandishing a Firearm

(1) The defendant claims that [he / she] acted in lawful [self-defense / defense of (identify person)] when [he / she]

brandished the firearm. A person may brandish a firearm to defend [himself / herself / another person] under certain

circumstances, even where it would otherwise be unlawful for [him / her] to point it, wave it about, or display it in

a threatening manner. If a person brandishes a firearm to act in lawful [self-defense / defense of others], [his / her]

actions are justified, and [he / she] is not guilty of brandishing a firearm.

(2) Just as when considering the claim of self-defense to the charge of [identify principal assaultive charge to which

the defendant is asserting self-defense],

you should consider all the evidence and use the following rules to decide

whether the defendant used a firearm to act in lawful [self-defense / defense of (identify person)]. You should judge

the defendant’s conduct according to how the circumstances appeared to [him / her] at the time [he / she] acted.

(3) First, when [he / she] acted, the defendant must have honestly and reasonably believed that [he / she] had to

brandish the firearm to protect [himself / herself / (identify person)] from the imminent unlawful use of force by

another. If [his / her] belief was honest and reasonable, [he / she] could act to defend [himself / herself / (identify

person)] with a firearm, even if it turns out later that [he / she] was wrong about how much danger [he / she / (identify

person)] was in.

(4) Second, a person is only justified in brandishing a firearm when necessary at the time to protect [himself / herself

/ (identify person)] from danger of death, great bodily harm, or sexual assault.

The defendant may only point, wave

about, or display a firearm in a threatening manner if it is appropriate to the attack made and the circumstances as

[he / she] saw them. When you decide whether the brandishing of the firearm was what seemed necessary, you

should consider whether the defendant knew about any other ways of protecting [himself / herself / (identify

person)], but you may also consider how the excitement of the moment affected the choice the defendant made.

(5) Third, at the time [he / she] brandished the firearm, the defendant must not have been engaged in a criminal act

that would tend to provoke a person to try to defend [himself / herself] from the defendant.

Use Note

The court must read M Crim JI 7.20, Burden of Proof – Self Defense, for this instruction.

1. There will not always be an assaultive-offense count charged with the brandishing-a-firearm charge. Eliminate

this first phrase if no assaultive offense is charged as a principal offense.

2. People v Ogilvie, 341 Mich App 28; 989 NW2d 250 (2022), holds that merely pointing a firearm is not deadly

force. The Committee on Model Criminal Jury Instructions expresses no view whether the limitation of

brandishing a firearm to cases where the danger of death, great bodily harm, or sexual assault was alleged to

have been the reason for brandishing the firearm as used in this sentence may be too restrictive.

3. This paragraph should be given only when supported by the facts; i.e., where there is evidence that at the time

the defendant brandished the firearm, he or she was engaged in the commission of some crime likely to lead to

the other person’s assaultive behavior. For example, this paragraph is usually unwarranted if the defendant was

engaged in a drug transaction and used force in self-defense against an unprovoked attack by the other party in

Page 7-41 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

the transaction. See People v Townes, 391 Mich 578, 593; 218 NW2d 136 (1974). On the other hand, this

paragraph would apply to a defendant who engaged in a robbery of another person and that other person reacted

with force. This paragraph is unnecessary where there are no issues other than who was the aggressor in the

situation, whether the defendant had an honest and reasonable belief of the use of imminent force by another, or

whether the degree of force used was necessary.

History

M Crim JI 7.25a was adopted March 2024.

Reference Guide

Statutes

MCL 750.234e; MCL 780.972.

Chapter 7. Defenses

Page 7-42 Michigan Model Criminal Jury Instructions

M Crim JI 7.26 Parental Kidnapping – Defense of Protecting Child; Burden of Proof

(1) The defendant says that [he / she] is not guilty of parental kidnapping because [he / she] was acting to protect

[name child] from an immediate and actual threat of physical or mental harm, abuse, or neglect. A person is not

guilty of parental kidnapping when [he / she] proves this defense.

(2) Before considering the defense of protecting the child, you must be convinced beyond a reasonable doubt that

the defendant committed the crime of parental kidnapping. If you are not, your verdict should simply be not

guilty of that offense. If you are convinced that the defendant committed the offense, you should consider the

defendant’s claim that [he / she] was protecting the child from an immediate and actual threat of physical or

mental harm, abuse, or neglect.

(3) To establish that [he / she] was acting to protect the child, the defendant must prove three elements by a

preponderance of the evidence. A preponderance of the evidence means that [he / she] must prove that it is more

likely than not that each of the following elements is true.

(4) First, the defendant must prove that [name child] was in actual danger of physical or mental harm, abuse, or

neglect.

(5) Second, the defendant must prove that the danger of physical or mental harm, abuse, or neglect to [name child]

was immediate. That is, if the defendant failed to act, [name child] would have been physically or mentally

harmed or would have suffered abuse or neglect very soon.

(6) Third, the defendant must prove that [his / her] actions were reasonably intended to prevent the danger of

physical or mental harm, abuse, or neglect to [name child].

(7) You should consider these elements separately. If you find that the defendant has proved all three of these

elements by a preponderance of the evidence, you must find [him / her] not guilty of parental kidnapping. If the

defendant has failed to prove any of these elements, the defense fails.

Use Note

Parental discipline is a defense to child abuse under MCL 750.136b, but it is not addressed in MCL 750.350a. The

Committee takes no position on its application to this instruction.

The terms physical harm, mental harm, abuse, and neglect are not defined in MCL 750.350a. The Committee on

Model Criminal Jury Instructions does not recommend importing definitions from other statutory provisions if the

jury questions the meaning of the terms but suggests the use of dictionary meanings.

History

M Crim JI 7.26 was adopted July 2023. It replaces M Crim JI 19.7. That instruction (formerly CJI2d 19.7) was CJI

19:2:02-19:2:03.

Page 7-43 Michigan Model Criminal Jury Instructions

Chapter 7. Defenses

Reference Guide

Statutes

MCL 750.350a(7).

Case Law

Martin v Ohio, 480 US 228 (1987); People v D’Angelo, 401 Mich 167, 182; 257 NW2d 655 (1977).

Chapter 7. Defenses

Page 7-44 Michigan Model Criminal Jury Instructions

Page 8-1 Michigan Model Criminal Jury Instructions

CHAPTER 8 Aiding and Abetting and

Accessory after the Fact

M Crim JI 8.1 Aiding and Abetting .................................................................................................................................... 8-2

M Crim JI 8.2 Aiding and Abetting Felony Firearm ........................................................................................................... 8-4

M Crim JI 8.3 Separate Crime Within the Scope of Common Unlawful Enterprise .......................................................... 8-5

M Crim JI 8.4 Inducement................................................................................................................................................. 8-6

M Crim JI 8.5 Mere Presence Insufficient......................................................................................................................... 8-7

M Crim JI 8.6 Accessory After the Fact ............................................................................................................................. 8-8

M Crim JI 8.7 Difference Between Aider and Abettor and Accessory After the Fact ....................................................... 8-9

Chapter 8. Aiding and Abetting and Accessory after the Fact

Page 8-2 Michigan Model Criminal Jury Instructions

M Crim JI 8.1 Aiding and Abetting

(1) In this case, the defendant is charged with committing _______________ or intentionally assisting someone else

in committing it.

(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 alleged crime 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 during the crime, the defendant did something to assist* in the commission of the

crime.

known that the other person intended its commission or that the crime alleged was a natural and probable

consequence of the commission of the crime intended.

Use Note

*The statute penalizes one who “procures, counsels, aids, or abets” the commission of a crime. The committee

believes “assists” captures the essence of the prohibited conduct, but court or counsel may prefer to select, in

appropriate cases, a more specific verb from the statutory list.

History

M Crim JI 8.1 combines former CJI2d 8.1 and 8.2, which were CJI 8:1:01–8:1:02 and CJI 8:1:03, respectively. This

instruction was adopted in June 1992, and paragraph (3)(c) was amended in April 1996, to reflect the state of mind

required by case law, and in September, 2013, to reflect case law holding that a defendant can be an aider or abettor

as a natural consequence of the commission of the offense.

Reference Guide

Statutes

MCL 767.39.

Case Law

People v Robinson, 475 Mich 1, 15, 715 NW2d 44 (2006); People v Moore, 470 Mich 56, 679 NW2d 41, cert denied,

543 US 947 (2004); People v Carines, 460 Mich 750, 757–758, 597 NW2d 130 (1999); People v Mann, 395 Mich

Page 8-3 Michigan Model Criminal Jury Instructions

Chapter 8. Aiding and Abetting and Accessory after the Fact

472, 236 NW2d 509 (1975); People v Smielewski, 235 Mich App 196, 208–209, 596 NW2d 636 (1999); People v

Bartlett, 231 Mich App 139, 157, 585 NW2d 341 (1998); People v Turner, 213 Mich App 558, 569, 540 NW2d 728

(1995); People v Crousore, 159 Mich App 304, 317, 406 NW2d 280 (1987); People v Brown, 120 Mich App 765,

328 NW2d 380 (1982); People v Champion, 97 Mich App 25, 32, 293 NW2d 715 (1980), rev’d on other grounds,

411 Mich 468, 307 NW2d 681 (1981); People v Derrick Smith, 87 Mich App 584, 594, 274 NW2d 844 (1978);

People v Stephens, 84 Mich App 250, 269 NW2d 552 (1978); People v Parks, 57 Mich App 738, 226 NW2d 710

(1975).

Chapter 8. Aiding and Abetting and Accessory after the Fact

Page 8-4 Michigan Model Criminal Jury Instructions

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.

during the commission or attempted commission of a felony.

History

M Crim JI 8.2 Crime Primarily Intended [DELETED] [Instruction deleted by committee in June 1992, because

material combined with present M Crim JI 8.1.]

M Crim JI 8.2 Aiding and Abetting Felony Firearm was adopted October 2022.

Page 8-5 Michigan Model Criminal Jury Instructions

Chapter 8. Aiding and Abetting and Accessory after the Fact

M Crim JI 8.3 Separate Crime Within the Scope of Common Unlawful Enterprise

(1) The defendant says that [he / she] is not guilty of [state charged offense] because [he / she] did not intend to help

anyone commit that offense.

(2) It is not sufficient for the prosecutor just to prove that the defendant intended to help another in the common

unlawful activity of [state common criminal enterprise]. It is necessary that the prosecutor prove beyond a

reasonable doubt that the defendant intended to help someone else commit the charged offense of [state charged

offense].

(3) In determining whether the defendant intended to help someone else commit the charged offense of [state

charged offense], you may consider whether that offense was fairly within the common unlawful activity of

[state common criminal enterprise], that is, whether the defendant might have expected the charged offense to

happen as part of that activity. There can be no criminal liability for any crime not fairly within the common

unlawful activity.

Use Note

This instruction is intended for use where it is claimed that the defendant is criminally liable as an aider and abettor

for a crime committed during the course of a criminal enterprise. For example, in People v Poplar, 20 Mich App

132, 173 NW2d 732 (1969), the defendant, who acted as a lookout during a breaking and entering, was found liable

as an aider and abettor for the nonfatal shooting of the building manager by codefendants.

CAUTION: DO NOT USE THIS INSTRUCTION IN FELONY-MURDER CASES. See People v Kelly, 423 Mich

261, 277-280, and 286-287, n3, 378 NW2d 365 (1985).

History

M Crim JI 8.3 (formerly CJI2d 8.3) was CJI 8:1:04, which was substantially revised by the committee in June 1992.

Reference Guide

Statutes

MCL 767.39.

Case Law

People v Robinson, 475 Mich 1, 715 NW2d 44 (2006); People v Koharski, 177 Mich 194, 142 NW 1097 (1913);

People v Belton, 160 Mich 416, 125 NW 386 (1910); People v Foley, 59 Mich 553, 26 NW 699 (1886); Nye v

People, 35 Mich 16 (1876); People v Knapp, 26 Mich 112 (1872); People v Wirth, 87 Mich App 41, 273 NW2d 104

(1978); People v Trudeau, 51 Mich App 766, 216 NW2d 450 (1974); People v Poplar, 20 Mich App 132, 173 NW2d

732 (1969).

Chapter 8. Aiding and Abetting and Accessory after the Fact

Page 8-6 Michigan Model Criminal Jury Instructions

M Crim JI 8.4 Inducement

It does not matter how much help, advice, or encouragement the defendant gave. However, you must decide whether

the defendant intended to help another commit the crime and whether [his / her] help, advice, or encouragement

actually did help, advise, or encourage the crime.

History

M Crim JI 8.4 (formerly CJI2d 8.4) was CJI 8:1:05; amended June 1990.

Reference Guide

Statutes

MCL 767.39.

Case Law

People v Palmer, 392 Mich 370, 378, 220 NW2d 393 (1974); People v Washburn, 285 Mich 119, 126, 280 NW 132

(1938).

Page 8-7 Michigan Model Criminal Jury Instructions

Chapter 8. Aiding and Abetting and Accessory after the Fact

M Crim JI 8.5 Mere Presence Insufficient

Even if the defendant knew that the alleged crime was planned or was being committed, the mere fact that [he / she]

was present when it was committed is not enough to prove that [he / she] assisted in committing it.

History

M Crim JI 8.5 (formerly CJI2d 8.5) was CJI 8:1:06.

Reference Guide

Statutes

MCL 767.39.

Case Law

People v Burrel, 253 Mich 321, 235 NW 170 (1931); People v Turner, 125 Mich App 8, 336 NW2d 217 (1983);

People v Davenport, 122 Mich App 159, 332 NW2d 443 (1982); People v Bryan, 92 Mich App 208, 284 NW2d 765

(1979); People v Killingsworth, 80 Mich App 45, 263 NW2d 278 (1977).

Chapter 8. Aiding and Abetting and Accessory after the Fact

Page 8-8 Michigan Model Criminal Jury Instructions

M Crim JI 8.6 Accessory After the Fact

(1) The defendant is charged with being an accessory after the fact to [state principal offense]. An accessory after

the fact is someone who knowingly helps a felon avoid discovery, arrest, trial, or punishment.

(2) To prove that the defendant is guilty, the prosecutor must prove each of the following elements beyond a

reasonable doubt:

(3) First, that someone else committed [state principal offense]. [State principal offense] is defined as [summarize

all the elements of the principal offense]. [The prosecutor does not have to prove that the other person has been

charged with or convicted of (state principal offense); (he / she) just has to prove that (state principal offense)

was committed.]

(4) Second, that the defendant helped the other person in an effort to avoid discovery, arrest, trial, or punishment.

(5) Third, that when the defendant gave help, [he / she] knew the other person had committed a felony.

(6) Fourth, that the defendant intended to help the other person avoid discovery, arrest, trial, or punishment.

Use Note

Use bracketed sentences when the principal has not been charged or convicted. See People v Williams, 117 Mich

App 506, 513-514, 324 NW2d 70 (1982).

This is a specific intent crime.

History

M Crim JI 8.6 (formerly CJI2d 8.6) was CJI 8:2:01. Amended September, 2000.

Reference Guide

Statutes

MCL 750.67.

Case Law

People v Lucas, 402 Mich 302, 262 NW2d 662 (1978); People v Lefkovitz, 294 Mich 263, 268-271, 293 NW 642

(1940); People v Cunningham, 201 Mich App 720, 506 NW2d 624 (1993); People v Williams, 117 Mich App 506,

513-514, 324 NW2d 70 (1982).

Page 8-9 Michigan Model Criminal Jury Instructions

Chapter 8. Aiding and Abetting and Accessory after the Fact

M Crim JI 8.7 Difference Between Aider and Abettor and Accessory After the Fact

(1) You must decide if the defendant is guilty of [state principal offense] as an aider and abettor, or is guilty of being

an accessory after the fact to the felony of [state principal offense], or if [he / she] is not guilty.

(2) If the prosecutor has proven beyond a reasonable doubt that before or during the [state principal offense] the

defendant gave [his / her] encouragement or assistance intending to help another commit that crime, then you

may find the defendant guilty of aiding and abetting the crime.

(3) If the prosecutor has proven beyond a reasonable doubt that the defendant knew about [state principal offense]

and helped the person who committed it avoid discovery, arrest, trial, or punishment after the crime ended, then

you may find the defendant guilty of being an accessory after the fact. The felony of [state principal offense]

ends when ____________________________ .

(4) If the prosecutor has not proven either of these charges beyond a reasonable doubt, your verdict must be not

guilty.

Use Note

This instruction should be given in those cases in which there is a question whether the defendant was an aider and

abettor or an accessory after the fact. It should be given after the instructions defining the elements of the felony,

aiding and abetting, and accessory after the fact.

History

M Crim JI 8.7 (formerly CJI2d 8.7) was CJI 8:2:02. Amended June 1990; October 1993.

Reference Guide

Statutes

MCL 750.505, 767.39.

Case Law

People v Lucas, 402 Mich 302, 262 NW2d 662 (1978); People v Usher, 196 Mich App 228, 233, 492 NW2d 786

(1992); People v Hartford, 159 Mich App 295, 406 NW2d 276 (1987); People v Davenport, 122 Mich App 159, 332

NW2d 443 (1982); People v Karst, 118 Mich App 34, 324 NW2d 526 (1982); People v Williams (On Remand), 117

Mich App 505, 514, 324 NW2d 70 (1982); People v Bargy, 71 Mich App 609, 248 NW2d 636 (1976).

Chapter 8. Aiding and Abetting and Accessory after the Fact

Page 8-10 Michigan Model Criminal Jury Instructions

Page 9-1 Michigan Model Criminal Jury Instructions

CHAPTER 9 Attempt

M Crim JI 9.1 Attempt....................................................................................................................................................... 9-2

M Crim JI 9.2 Attempt As Lesser Offense ......................................................................................................................... 9-3

M Crim JI 9.3 Impossibility No Defense ............................................................................................................................ 9-4

M Crim JI 9.4 Abandonment As Defense to Attempt ....................................................................................................... 9-5

Chapter 9. Attempt

Page 9-2 Michigan Model Criminal Jury Instructions

M Crim JI 9.1 Attempt

(1) The defendant is charged with attempting to commit the crime of

_____________________________________. To prove the defendant’s guilt, the prosecutor must prove each

of the following elements beyond a reasonable doubt:

(2) First, that the defendant intended to commit _______________________, which is defined as [state elements

from the appropriate instructions defining the crime].

(3) Second, that the defendant took some action toward committing the alleged crime, but failed to complete the

crime. It is not enough to prove that the defendant made preparations for committing the crime. Things like

planning the crime or arranging how it will be committed are just preparations; they do not qualify as an attempt.

In order to qualify as an attempt, the action must go beyond mere preparation, to the point where the crime would

have been completed if it had not been interrupted by outside circumstances. To qualify as an attempt, the act

must clearly and directly be related to the crime that the defendant is charged with attempting and not some other

objective.

[(4) You may convict the defendant of attempting to commit __________________ even if the evidence convinces

you that the crime was actually completed.]

Use Note

Any attempt to commit an offense is a specific intent crime. See People v Langworthy, 416 Mich 630, 644-645, 331

NW2d 171 (1982); People v Joeseype Johnson, 407 Mich 196, 239, 284 NW2d 718 (1979) (opinions of Levin, J.).

Paragraph in brackets should be given when factually appropriate.

History

M Crim JI 9.1 (formerly CJI2d 9.1) was CJI 9:1:01, 9:1:04.

Reference Guide

Case Law

People v Bradovich, 305 Mich 329, 9 NW2d 560 (1943); People v Bauer, 216 Mich 659, 185 NW 694 (1921);

People v Davenport, 165 Mich App 256, 418 NW2d 450 (1987); People v Kimball, 109 Mich App 273, 311 NW2d

343, remanded, 412 Mich 890, 313 NW2d 285 (1981); People v Miller, 28 Mich App 161, 184 NW2d 286 (1970).

Page 9-3 Michigan Model Criminal Jury Instructions

Chapter 9. Attempt

M Crim JI 9.2 Attempt As Lesser Offense

(1) The defendant is also charged with the less serious crime of attempted

___________________________________________________. To prove that the defendant attempted to

commit this crime, the prosecutor must prove the following elements beyond a reasonable doubt:

(2) First, that the defendant intended to commit _______________________, which is defined as [state elements

from the appropriate instructions defining the crime].

(3) Second, that the defendant took some action toward committing the alleged crime, but failed to complete the

crime. It is not enough to prove that the defendant made preparations for committing the crime. Things like

planning the crime or arranging how it will be committed are just preparations; they do not qualify as an attempt.

In order to qualify as an attempt, the action must go beyond mere preparation, to the point where the crime would

have been completed if it had not been interrupted by outside circumstances. To qualify as an attempt, the act

must clearly and directly be related to the crime that the defendant is charged with attempting and not some other

objective.

Use Note

Any attempt to commit an offense is a specific intent crime. See People v Langworthy, 416 Mich 630, 644-645, 331

NW2d 171 (1982); People v Joeseype Johnson, 407 Mich 196, 239, 284 NW2d 718 (1979) (opinions of Levin, J.).

History

M Crim JI 9.2 (formerly CJI2d 9.2) was CJI 9:1:02.

Reference Guide

Case Law

People v Adams, 416 Mich 53, 330 NW2d 634 (1982).

Chapter 9. Attempt

Page 9-4 Michigan Model Criminal Jury Instructions

M Crim JI 9.3 Impossibility No Defense

A person can be found guilty of attempting to commit a crime even if [he / she] could not finish the crime because

circumstances turned out to be different than [he / she] expected or [he / she] was stopped before [he / she] could

finish.

History

M Crim JI 9.3 (formerly CJI2d 9.3) was CJI 9:1:03.

Reference Guide

Statutes

MCL 750.92.

Case Law

People v Thousand, 465 Mich 149, 631 NW2d 694 (2001); People v Jones, 46 Mich 441, 9 NW 486 (1881).

Page 9-5 Michigan Model Criminal Jury Instructions

Chapter 9. Attempt

M Crim JI 9.4 Abandonment As Defense to Attempt

(1) [The defense / One of the defenses] raised by the defendant is that [he / she] is not guilty of because [he / she]

freely and completely gave up the idea of committing the crime. This defense is called abandonment.

(2) [Abandonment is (the only / an) issue in this case on which the defendant has the burden of proof.]

To prove

abandonment, the defendant must show that [he / she] gave up the idea of committing the crime. To decide

whether the defendant has met the burden of proving [his / her] defense of abandonment, you must consider all

the evidence that was admitted during the trial. If the evidence supporting the defense of abandonment

outweighs the evidence against it, then you must find the defendant not guilty of __________________.

(3) Abandonment must be a choice of free will. If the defendant gave up the idea of committing the crime because

of unexpected problems or because something happened that made it more likely that [he / she] would be

discovered or caught, [he / she] did not abandon the crime of [his / her] own free will.

(4) The abandonment of the attempted crime must be complete. If the defendant simply decided to commit the crime

some other time or to commit it on a different victim or with a different criminal goal, [he / she] did not

completely abandon the crime.

(5) An attempted crime may be abandoned at any time before it is actually completed [or before it becomes

impossible to avoid completing it. If the defendant started something that could not be stopped, [he / she] cannot

claim that [he / she] abandoned the crime. For example, a person who abandons an attempt to kill after firing a

shot at an intended victim may not use abandonment as a defense to attempted murder.].

(6) If you decide that the defendant freely and completely gave up the idea of committing the crime, then [he / she]

is not guilty of __________________________, even if you believe beyond a reasonable doubt that the

defendant committed the alleged attempt.

Use Note

Use bracketed language particularly when additional defenses that must be disproved by the prosecutor are raised

by the defendant.

Use bracketed language when factually appropriate.

History

M Crim JI 9.4 (formerly CJI2d 9.4) was CJI 9:1:05-9:1:06.

Reference Guide

Case Law

People v Stapf, 155 Mich App 491, 400 NW2d 656 (1986); People v McNeal, 152 Mich App 404, 393 NW2d 907

(1986); People v Kimball, 109 Mich App 273, 311 NW2d 343, remanded, 412 Mich 890, 313 NW2d 285 (1981).

Chapter 9. Attempt

Page 9-6 Michigan Model Criminal Jury Instructions

Page 10-1 Michigan Model Criminal Jury Instructions

CHAPTER 10 Conspiracy, Solicitation, and

Organized Crime

M Crim JI 10.1 Conspiracy .............................................................................................................................................. 10-2

M Crim JI 10.2 Agreement .............................................................................................................................................. 10-3

M Crim JI 10.3 Membership ........................................................................................................................................... 10-4

M Crim JI 10.4 Scope ...................................................................................................................................................... 10-5

M Crim JI 10.5 Case Must Be Considered as to Each Defendant.................................................................................... 10-6

M Crim JI 10.6 Solicitation to Commit a Felony.............................................................................................................. 10-7

M Crim JI 10.7 Renunciation as a Defense to Solicitation .............................................................................................. 10-8

M Crim JI 10.8 Racketeering-Conducting an Enterprise ............................................................................................... 10-10

M Crim JI 10.8a Acquiring Interest in Racketeering Enterprise Property..................................................................... 10-14

M Crim JI 10.8b Use of Proceeds from Racketeering ................................................................................................... 10-18

M Crim JI 10.9 Organized Retail Crime-Merchandise Theft ......................................................................................... 10-22

M Crim JI 10.9a Organized Retail Crime-Possession of Stolen Merchandise ............................................................... 10-24

M Crim JI 10.9b Organized Retail Crime-Subterfuge .................................................................................................... 10-25

M Crim JI 10.9c Organized Retail Crime-Telecommunications Device ......................................................................... 10-27

M Crim JI 10.9d Organized Retail Crime-Telecommunications Service Agreement..................................................... 10-28

M Crim JI 10.10 Gang-Motivated Crimes...................................................................................................................... 10-29

M Crim JI 10.10a Encouraging Gang-Motivated Crimes............................................................................................... 10-30

M Crim JI 10.10b Making Threats to Deter a Person from Assisting Another to Withdraw from Gang Membership . 10-31

M Crim JI 10.10c Threatening a Person to Retaliate for Withdrawing from Gang Membership ................................. 10-32

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Page 10-2 Michigan Model Criminal Jury Instructions

M Crim JI 10.1 Conspiracy

(1) The defendant is charged with the crime of conspiracy to commit ____________. Anyone who knowingly

agrees with someone else to commit _____________ is guilty of conspiracy.

(2) To prove the defendant’s guilt, the prosecutor must prove each of the following elements beyond a reasonable

doubt:

(3) First, that the defendant and someone else knowingly agreed to commit _____________________________.

(4) Second, that the defendant specifically intended to commit or help commit that crime.

(5) Third, that this agreement took place or continued during the period from ______________________________

to __________________________________.

[(6) Now let me define the crime of ________________________________:]

Use Note

Any conspiracy to commit an offense is a specific intent crime. See People v Atley, 392 Mich 298, 310, 220 NW2d

465 (1974).

Use when the crime charged has not been previously defined.

History

M Crim JI 10.1 (formerly CJI2d 10.1) was CJI 10:1:01.

Reference Guide

Statutes

MCL 750.157a.

Case Law

People v Justice (After Remand), 454 Mich 334, 346-347, 562 NW2d 652 (1997); People v Blume, 443 Mich 476,

505 NW2d 843 (1993); People v Anderson, 418 Mich 31, 340 NW2d 634 (1983); People v Carter, 415 Mich 558,

330 NW2d 314 (1982); People v Atley, 392 Mich 298, 220 NW2d 465 (1974); People v Hammond, 187 Mich App

105, 466 NW2d 335 (1991); People v Juarez, 158 Mich App 66, 73, 404 NW2d 222 (1987); People v Ayoub, 150

Mich App 150, 387 NW2d 848 (1985); People v White, 147 Mich App 31, 383 NW2d 597 (1985); People v Cyr,

113 Mich App 213, 317 NW2d 857 (1982).

Page 10-3 Michigan Model Criminal Jury Instructions

Chapter 10. Conspiracy, Solicitation, and Organized Crime

M Crim JI 10.2 Agreement

(1) An agreement is the coming together or meeting of the minds of two or more people, each person intending and

expressing the same purpose.

(2) It is not necessary for the people involved to have made a formal agreement to commit the crime or to have

written down how they were going to do it.

(3) In deciding whether there was an agreement to commit a crime, you should think about how the members of the

alleged conspiracy acted and what they said as well as all the other evidence.

(4) To find the defendant guilty of conspiracy, you must be satisfied beyond a reasonable doubt that there was an

agreement to commit _____________________. However, you may infer that there was an agreement from the

circumstances, such as how the members of the alleged conspiracy acted.

Use Note

While the conspiracy statute includes the commission of a legal act in an illegal manner, this provision of the statute

has not been commonly utilized in Michigan. Thus, conspiracy as prosecuted ordinarily involves an agreement to

violate the law.

History

M Crim JI 10.2 (formerly CJI2d 10.2) includes portions of CJI 10:1:02-10:1:04 and 10:1:12 and was last amended

by the committee in October, 2004.

Reference Guide

Case Law

People v Atley, 392 Mich 298, 311, 220 NW2d 465 (1974); People v Gay, 149 Mich App 468, 386 NW2d 556

(1986); People v Boose, 109 Mich App 455, 311 NW2d 390 (1981).

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Page 10-4 Michigan Model Criminal Jury Instructions

M Crim JI 10.3 Membership

If there was a conspiracy, you must decide whether the defendant was a member of it. You may only consider what

the defendant did and said during the time the conspiracy took place. A finding that the defendant was merely with

other people who were members of a conspiracy is not enough by itself to prove that the defendant was also a

member. In addition, the fact that a person did an act that furthered the purpose of an alleged conspiracy is not

enough by itself to prove that that person was a member of the conspiracy. It is not necessary for all the members to

know each other or know all the details of how the crime will be committed, but it must be shown beyond a

reasonable doubt that the defendant agreed to commit the crime and intended to commit or help commit it.

History

M Crim JI 10.3 (formerly CJI2d 10.3) includes portions of CJI 10:1:03, 10:1:04, and 10:1:06.

Reference Guide

Case Law

People v Huey, 345 Mich 120, 75 NW2d 893 (1956); People v Sobczak, 344 Mich 465, 73 NW2d 921 (1955); People

v Bartlett, 312 Mich 648, 20 NW2d 758 (1945); People v Heidt, 312 Mich 629, 20 NW2d 751 (1945); People v

Arnold, 46 Mich 268, 9 NW 406 (1881); People v O’Connor, 48 Mich App 524, 210 NW2d 805 (1973); People v

Rosen, 18 Mich App 457, 171 NW2d 488 (1969).

Page 10-5 Michigan Model Criminal Jury Instructions

Chapter 10. Conspiracy, Solicitation, and Organized Crime

M Crim JI 10.4 Scope

(1) The defendant is not responsible for the acts of other members of the conspiracy unless those acts are part of the

agreement or further the purposes of the agreement.

(2) If the defendant agreed to commit a completely different crime, then [he / she] is not guilty of conspiracy to

commit ______________________________.

(3) A person who joins a conspiracy after it has already been formed is only responsible for what [he / she] agreed

to when joining, not for any agreement made by the conspiracy before [he / she] joined. [You may consider

evidence of what the other members of the alleged conspiracy did or said before the defendant became a

member, but only in order to determine the nature and purpose of the conspiracy after the defendant joined.]

(4) Members of a conspiracy are not responsible for what other members do or say after the conspiracy ends.

Use Note

Use bracketed material where there is such evidence.

History

M Crim JI 10.4 (formerly CJI2d 10.4) was CJI 10:1:05, 10:1:07, 10:1:09, 10:1:10.

Reference Guide

Case Law

People v Blakes, 382 Mich 570, 170 NW2d 832 (1969); People v Huey, 345 Mich 120, 75 NW2d 893 (1956); People

v Cooper, 326 Mich 514, 40 NW2d 708 (1950); People v Heidt, 312 Mich 629, 20 NW2d 751 (1945); People v Ryan,

307 Mich 610, 12 NW2d 474 (1943); People v Roxborough, 307 Mich 575, 12 NW2d 466 (1943); People v Ranney,

304 Mich 315, 8 NW2d 80 (1943); People v Garska, 303 Mich 313, 6 NW2d 527 (1942); People v Beller, 294 Mich

464, 293 NW 720 (1940); People v Foley, 59 Mich 553, 26 NW 699 (1886); People v Knapp, 26 Mich 112 (1872);

People v Iaconnelli, 112 Mich App 725, 781, 317 NW2d 540, modified, 116 Mich App 176, 321 NW2d 684 (1982);

People v Missouri, 100 Mich App 310, 299 NW2d 346 (1980).

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Page 10-6 Michigan Model Criminal Jury Instructions

M Crim JI 10.5 Case Must Be Considered as to Each Defendant

(1) Each defendant in this case is entitled to have his guilt or innocence decided individually. You must decide

whether each defendant was a member of the alleged conspiracy as if he were being tried separately. To

determine whether each defendant was a member of the alleged conspiracy, you must decide whether each

individual defendant intentionally joined with anyone else to commit

___________________________________. In conspiracy cases it is often difficult to decide each defendant’s

case on its own because of the amount of evidence that is admitted against the other defendants. [If any evidence

was limited to (one defendant / some defendants) you should not consider it as to any other defendants.]

(2) It is not enough to find that there was a criminal agreement to commit

________________________________________. Even if you do find that there was a conspiracy, you must

still determine whether each defendant separately was a member of that conspiracy.

History

M Crim JI 10.5 (formerly CJI2d 10.5) was CJI 10:1:11.

Reference Guide

Case Law

People v Heidt, 312 Mich 629, 645, 20 NW2d 751 (1945); People v Garska, 303 Mich 313, 6 NW2d 527 (1942).

Page 10-7 Michigan Model Criminal Jury Instructions

Chapter 10. Conspiracy, Solicitation, and Organized Crime

M Crim JI 10.6 Solicitation to Commit a Felony

(1) The defendant is charged with solicitation to commit ________________. To prove the defendant’s guilt, the

prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant, through words or actions, offered, promised, or gave money, services, or anything of

value [or forgave or promised to forgive a debt or obligation owed] to another person.

(3) Second, that the defendant intended that what [he / she] said or did would cause

___________________________________________ to be committed.

The crime of

________________________________________ is defined as [summarize all the elements of the crime

solicited].

(4) The prosecutor does not have to prove that the person the defendant solicited actually committed, attempted to

commit, or intended to commit ______________________.

Use Note

Under prior MCL 750.157b(1), the trial court was required to instruct sua sponte on inciting second-degree murder

in every case where the defendant was charged with inciting first-degree murder. People v Richendollar, 85 Mich

App 74, 270 NW2d 530 (1978). That requirement should apply under the amended statute as well.

The language in this paragraph may be tailored to fit the facts of the case.

This is a specific intent crime.

History

M Crim JI 10.6 (formerly CJI2d 10.6) was CJI 10:2:01.

Reference Guide

Statutes

MCL 750.157b(1).

Case Law

People v Thousand, 465 Mich 149, 631 NW2d 694 (2001); People v Rehkopf, 422 Mich 198, 205, 370 NW2d 296

(1985); People v Vandelinder, 192 Mich App 447, 481 NW2d 787 (1992); People v Chapman, 80 Mich App 583,

264 NW2d 69 (1978).

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Page 10-8 Michigan Model Criminal Jury Instructions

M Crim JI 10.7 Renunciation as a Defense to Solicitation

(1) The defendant has raised the defense that [he / she] is not guilty of solicitation because [he / she] freely and

completely renounced, or gave up, [his / her] criminal purpose. To prove this defense, the defendant must prove

each of the following by a greater weight of the evidence:

(2) First, that [he / she] gave up [his / her] criminal purpose voluntarily. Voluntarily means a true change of heart

not influenced by outside circumstances. If the defendant gave up criminal purpose because of unexpected

problems or resistance or because something happened that made it more likely that [he / she] would be

discovered or caught, [he / she] did not renounce [his / her] criminal purpose voluntarily.

(3) Second, that [he / she] gave up [his / her] criminal purpose completely. Completely means permanently and

unconditionally. If the defendant simply decided to commit the crime some other time or to commit it on a

different victim or with a different criminal goal, [he / she] did not renounce [his / her] criminal purpose

completely.

(4) Third, that [he / she] let the person [he / she] solicited know that [he / she] was renouncing [his / her] criminal

purpose.

(5) Fourth, that [he / she] either warned the police in time and cooperated with them, or that [he / she] made a real

effort in some other way to prevent _______________________ from happening.

(6) Fifth, that ______________________________________ did not in fact happen.

(7) If the defendant fails to prove any of these things, then [he / she] has not proved [his / her] defense that [he / she]

renounced [his / her] criminal purpose.

(8) In deciding whether the defendant has proved this defense, you should think about all of the evidence that was

admitted during the trial. If you are satisfied that the evidence supporting renunciation outweighs the evidence

against it, then the defendant has met [his / her] burden of proof and you must find [him / her] not guilty.

[(9) Renunciation is the only issue in this case that the defendant has the burden of proving. If you decide that [he /

she] has failed to prove this defense, you must still consider whether the prosecutor has met (his / her) burden

of proving each of the elements of solicitation beyond a reasonable doubt.]

History

M Crim JI 10.7 (formerly CJI2d 10.7) was CJI 10:2:02-10:2:03.

Reference Guide

Statutes

MCL 750.157b(4).

Case Law

Page 10-9 Michigan Model Criminal Jury Instructions

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Martin v Ohio, 480 US 228 (1987); Patterson v New York, 432 US 197 (1977).

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Page 10-10 Michigan Model Criminal Jury Instructions

M Crim JI 10.8 Racketeering-Conducting an Enterprise

(1) The defendant is charged with the crime of conducting a racketeering enterprise. To prove this charge, the

prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant was an employee of, or was associated with, an enterprise. An enterprise may be an

individual person, a sole proprietorship, a partnership, a corporation, a limited liability company, a trust, a union,

an association, a governmental unit, any other legal entity, or any other association of persons.

(3) Second, that the defendant knowingly conducted, or participated in, the affairs of the enterprise, directly or

indirectly, through a pattern of racketeering.

An act of racketeering is committing, attempting to commit, or conspiring to commit a listed offense for financial

gain, or aiding and abetting, soliciting, coercing, or intimidating another to commit a listed offense for financial gain.

(a) The listed offenses that the defendant is accused of committing are [identify specific violations from MCL

750.159g(a) through (rr)

(b) [Provide elements of identified violation(s).]

If you find that the defendant committed acts of racketeering, you must also determine whether [he / she] engaged

in a pattern of racketeering, which means committing at least two acts of racketeering to which all of the following

characteristics apply:

(a) the acts have the same or a substantially similar purpose, result, participants, victim, or method of

commission, or are otherwise interrelated by distinguishing characteristics, and are not isolated acts;

(b) the acts pose a threat of continued criminal activity; and

after the act before it.

It is up to you to decide whether the prosecutor has proved beyond a reasonable doubt both that the defendant

committed acts of racketeering and that [he / she] engaged in a pattern of racketeering to conduct or participate in

the affairs of an enterprise.

Use Note

1. The court may choose to include whatever portions of the sentence that it finds appropriate.

2. The following offenses are listed in MCL 750.159g:

(a) tobacco tax statutes [MCL 205.428];

(b) hazardous waste statutes [MCL 324.11151];

Page 10-11 Michigan Model Criminal Jury Instructions

Chapter 10. Conspiracy, Solicitation, and Organized Crime

(d) controlled substances statutes (ephedrine or pseudoephedrine) [MCL 333.7340, 333.7340c, and

333.17766c];

(e) welfare fraud statutes [MCL 400.60];

(f) Medicaid fraud statutes [MCL 400.604, 400.605, and 400.607];

(g) gaming control statutes [MCL 432.218];

(h) liquor control statutes [MCL 436.1909];

(i) securities fraud statutes [MCL 451.2508];

(j) statutes prohibiting dissemination of pornography to minors [MCL 722.675 and 722.677];

(k) animal fighting statutes [MCL 750.49]

(l) arson statutes [MCL 750.72, 750.73, 750.74, 750.75, 750.77];

(m) banking statutes [MCL 750. 93 through 750.96];

(n) breaking and entering or home invasion statutes [MCL 750.110 and 750.110a];

(o) bribery statutes [MCL 750.117 through 750.121 and 750.124];

(p) jury tampering statutes [MCL 750.120a];

(q) child sexually abusive activity statutes [MCL 750.145c];

(r) Internet and computer crimes [MCL 750.145d];

(s) financial transaction device statutes [MCL 750.157n, 750.157p, 750.157q, 750.157r, 750.157s, 750.157t,

and 750.157u];

(t) embezzlement statutes [MCL 750.174, 750.175, 750.176, 750.180, 750.181, 750.182];

(u) bomb and explosive statutes [MCL 750.200, et seq];

(v) extortion statutes [MCL 750.213];

(w) false pretenses statutes [MCL 750.218];

(x) firearms statutes [MCL 750.223(2), 750.224(1)(a), (b) or (c), 750.224b, 750.224c, 750.224e(1), 750.226,

750.227, 750.234a, 750.234b, 750.237a];

(y) forgery and counterfeiting statutes [MCL 750.248, et seq];

(z) state securities fraud statutes [MCL 750.271 through 750.274];

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Page 10-12 Michigan Model Criminal Jury Instructions

(aa) food stamps and coupons statutes [MCL 750.300a];

(bb) gambling statutes [MCL 750.301 through 750.305a and 750.313];

(cc) murder statutes [MCL 750.316 and 750.317];

(dd) horse racing statutes [MCL 750.330, 750.331 and 750.332];

(ee) kidnapping statutes [MCL 750.349, 750.349a and 750.350];

(ff) larceny statutes [MCL 750.356, et seq];

(gg) money laundering statutes [MCL 750411k];

(hh) perjury statutes [MCL 750.422, 750.423, 750.424, and 750.425];

(ii) prostitution statutes [MCL 750.452, 750.455, 750.457, 750.458 and 750.459];

(jj) human trafficking statutes [MCL 750.462a, et seq];

(kk) robbery statutes [MCL 750.529 through 750.531];

(ll) possession of stolen property statutes [MCL 750.535 and 750.535a];

(mm) terrorism statutes [MCL 750.543a et se;

(nn) obscenity statutes [MCL 752.365];

(oo) identity theft statutes [MCL 445.61 to 445.79d];

(pp) offenses committed in this or another state that constitute federal racketeering [18 USC 1961(1)];

(qq) offenses committed in this or another state in violation of federal law substantially similar to (a) through

(pp);

(rr) offenses committed in another state in violation of the laws of that state that are substantially similar to (a)

through (pp).

3. Do not read the first sentence of the instruction for the specific violation, which begins, “The defendant is charged

with the crime of . . . .”

History

M Crim JI 10.8 was adopted January 2018.

Page 10-13 Michigan Model Criminal Jury Instructions

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Reference Guide

Statutes

MCL 750.159f, .159g, .159h, .159i and .159j.

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Page 10-14 Michigan Model Criminal Jury Instructions

M Crim JI 10.8a Acquiring Interest in Racketeering Enterprise Property

(1) The defendant is charged with the crime of acquiring or maintaining an enterprise or property for an enterprise

by racketeering. To prove this charge, the prosecutor must prove each of the following elements beyond a

reasonable doubt:

(2) First, that the defendant acquired or maintained an interest in or control of an enterprise, or acquired or

maintained an interest in real or personal property used to conduct the business of an enterprise. An enterprise

may be an individual person, a sole proprietorship, a partnership, a corporation, a limited liability company, a

trust, a union, an association, a governmental unit, any other legal entity, or any other association of persons.

(3) Second, that the defendant knowingly acquired or maintained an interest in or control of the enterprise or its

property, directly or indirectly, through a pattern of racketeering.

An act of racketeering is committing, attempting to commit, or conspiring to commit a listed offense for financial

gain, or aiding and abetting, soliciting, coercing, or intimidating another to commit a listed offense for financial gain.

(a) The listed offenses that the defendant is accused of committing are [identify specific violations from MCL

750.159g(a) through (rr)

(b) [Provide elements of identified violation(s).]

If you find that the defendant committed acts of racketeering, you must also determine whether [he / she] engaged

in a pattern of racketeering to acquire or maintain an interest in or control of the enterprise or its property, which

means committing at least two acts of racketeering to which all of the following characteristics apply:

(a) the acts have the same or a substantially similar purpose, result, participants, victim, or method of

commission, or are otherwise interrelated by distinguishing characteristics, and are not isolated acts;

(b) the acts pose a threat of continued criminal activity; and

after the incident before it.

It is up to you to decide whether the prosecutor has proved beyond a reasonable doubt both that the defendant

committed the acts of racketeering, and that [he /she] engaged in a pattern of racketeering to acquire or maintain an

interest in or control of the enterprise or its property.

Use Note

1. The court may choose to include whatever portions of the sentence that it finds appropriate.

2. The following offenses are listed in MCL 750.159g:

(a) tobacco tax statutes [MCL 205.428];

Page 10-15 Michigan Model Criminal Jury Instructions

Chapter 10. Conspiracy, Solicitation, and Organized Crime

(b) hazardous waste statutes [MCL 324.11151];

(d) controlled substances statutes (ephedrine or pseudoephedrine) [MCL 333.7340, 333.7340c, and

333.17766c];

(e) welfare fraud statutes [MCL 400.60];

(f) Medicaid fraud statutes [MCL 400.604, 400.605, and 400.607];

(g) gaming control statutes [MCL 432.218];

(h) liquor control statutes [MCL 436.1909];

(i) securities fraud statutes [MCL 451.2508];

(j) statutes prohibiting dissemination of pornography to minors [MCL 722.675 and 722.677];

(k) animal fighting statutes [MCL 750.49]

(l) arson statutes [MCL 750.72, 750.73, 750.74, 750.75, 750.77];

(m) banking statutes [MCL 750. 93 through 750.96];

(n) breaking and entering or home invasion statutes [MCL 750.110 and 750.110a];

(o) bribery statutes [MCL 750.117 through 750.121 and 750.124];

(p) jury tampering statutes [MCL 750.120a];

(q) child sexually abusive activity statutes [MCL 750.145c];

(r) Internet and computer crimes [MCL 750.145d];

(s) financial transaction device statutes [MCL 750.157n, 750.157p, 750.157q, 750.157r, 750.157s, 750.157t,

and 750.157u];

(t) embezzlement statutes [MCL 750.174, 750.175, 750.176, 750.180, 750.181, 750.182];

(u) bomb and explosive statutes [MCL 750.200, et seq];

(v) extortion statutes [MCL 750.213];

(w) false pretenses statutes [MCL 750.218];

(x) firearms statutes [MCL 750.223(2), 750.224(1)(a), (b) or (c), 750.224b, 750.224c, 750.224e(1), 750.226,

750.227, 750.234a, 750.234b, 750.237a];

(y) forgery and counterfeiting statutes [MCL 750.248, et seq];

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Page 10-16 Michigan Model Criminal Jury Instructions

(z) state securities fraud statutes [MCL 750.271 through 750.274];

(aa) food stamps and coupons statutes [MCL 750.300a];

(bb) gambling statutes [MCL 750.301 through 750.305a and 750.313];

(cc) murder statutes [MCL 750.316 and 750.317];

(dd) horse racing statutes [MCL 750.330, 750.331 and 750.332];

(ee) kidnapping statutes [MCL 750.349, 750.349a and 750.350];

(ff) larceny statutes [MCL 750.356, et seq];

(gg) money laundering statutes [MCL 750411k];

(hh) perjury statutes [MCL 750.422, 750.423, 750.424, and 750.425];

(ii) prostitution statutes [MCL 750.452, 750.455, 750.457, 750.458 and 750.459];

(jj) human trafficking statutes [MCL 750.462a, et seq];

(kk) robbery statutes [MCL 750.529 through 750.531];

(ll) possession of stolen property statutes [MCL 750.535 and 750.535a];

(mm) terrorism statutes [MCL 750.543a et seq];

(nn) obscenity statutes [MCL 752.365];

(oo) identity theft statutes [MCL 445.61 to 445.79d];

(pp) offenses committed in this or another state that constitute federal racketeering [18 USC 1961(1)];

(qq) offenses committed in this or another state in violation of federal law substantially similar to (a) through

(pp);

(rr) offenses committed in another state in violation of the laws of that state that are substantially similar to (a)

through (pp).

3. Do not read the first sentence of the instruction for the specific violation, which begins, “The defendant is charged

with the crime of . . . .”

History

M Crim JI 10.8a was adopted January 2018.

Page 10-17 Michigan Model Criminal Jury Instructions

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Reference Guide

Statutes

MCL 750.159f, .159g, .159h, .159i and .159j.

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Page 10-18 Michigan Model Criminal Jury Instructions

M Crim JI 10.8b Use of Proceeds from Racketeering

(1) The defendant is charged with the crime of receiving proceeds from a pattern of racketeering and using them to

establish or operate an enterprise. To prove this charge, the prosecutor must prove each of the following

elements beyond a reasonable doubt:

(2) First, that the defendant received any sort of property that was the proceeds of a pattern of racketeering.

An act of racketeering is committing, attempting to commit, or conspiring to commit a listed offense for financial

gain, or aiding and abetting, soliciting, coercing, or intimidating another to commit a listed offense for financial gain.

(a) The listed offenses that the prosecutor charges were committed for financial gain are [identify specific

violations from MCL 750.159g(a) through (rr)

(b) [Provide elements of identified violation(s).]

A pattern of racketeering means at least two acts of racketeering were committed to which all of the following

characteristics apply:

(a) the acts have the same or a substantially similar purpose, result, participants, victim, or method of

commission, or are otherwise interrelated by distinguishing characteristics, and are not isolated acts;

(b) the acts pose a threat of continued criminal activity; and

years after the act before it.

It is up to you to decide whether the prosecutor has proved that the defendant received property and that the property

was the proceeds of a pattern of racketeering. The prosecutor does not have to prove that the defendant was the

person who committed the acts of racketeering, only that the defendant received the proceeds.

(3) Second, that the defendant knew that the property that [he / she] received was obtained through a pattern of

racketeering.

(4) Third, that the defendant used or invested that property to [establish or operate an enterprise / acquire real or

personal property to be used for operating an enterprise]. An enterprise may be an individual person, a sole

proprietorship, a partnership, a corporation, a limited liability company, a trust, a union, an association, a

governmental unit, any other legal entity, or any other association of persons.

Use Note

1. The following offenses are listed in MCL 750.159g:

(a) tobacco tax statutes [MCL 205.428];

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Chapter 10. Conspiracy, Solicitation, and Organized Crime

(b) hazardous waste statutes [MCL 324.11151];

(d) controlled substances statutes (ephedrine or pseudoephedrine) [MCL 333.7340, 333.7340c, and

333.17766c];

(e) welfare fraud statutes [MCL 400.60];

(f) Medicaid fraud statutes [MCL 400.604, 400.605, and 400.607];

(g) gaming control statutes [MCL 432.218];

(h) liquor control statutes [MCL 436.1909];

(i) securities fraud statutes [MCL 451.2508];

(j) statutes prohibiting dissemination of pornography to minors [MCL 722.675 and 722.677];

(k) animal fighting statutes [MCL 750.49]

(l) arson statutes [MCL 750.72, 750.73, 750.74, 750.75, 750.77];

(m) banking statutes [MCL 750. 93 through 750.96];

(n) breaking and entering or home invasion statutes [MCL 750.110 and 750.110a];

(o) bribery statutes [MCL 750.117 through 750.121 and 750.124];

(p) jury tampering statutes [MCL 750.120a];

(q) child sexually abusive activity statutes [MCL 750.145c];

(r) Internet and computer crimes [MCL 750.145d];

(s) financial transaction device statutes [MCL 750.157n, 750.157p, 750.157q, 750.157r, 750.157s, 750.157t,

and 750.157u];

(t) embezzlement statutes [MCL 750.174, 750.175, 750.176, 750.180, 750.181, 750.182];

(u) bomb and explosive statutes [MCL 750.200, et seq];

(v) extortion statutes [MCL 750.213];

(w) false pretenses statutes [MCL 750.218];

(x) firearms statutes [MCL 750.223(2), 750.224(1)(a), (b) or (c), 750.224b, 750.224c, 750.224e(1), 750.226,

750.227, 750.234a, 750.234b, 750.237a];

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Page 10-20 Michigan Model Criminal Jury Instructions

(y) forgery and counterfeiting statutes [MCL 750.248, et seq];

(z) state securities fraud statutes [MCL 750.271 through 750.274];

(aa) food stamps and coupons statutes [MCL 750.300a];

(bb) gambling statutes [MCL 750.301 through 750.305a and 750.313];

(cc) murder statutes [MCL 750.316 and 750.317];

(dd) horse racing statutes [MCL 750.330, 750.331 and 750.332];

(ee) kidnapping statutes [MCL 750.349, 750.349a and 750.350];

(ff) larceny statutes [MCL 750.356, et seq];

(gg) money laundering statutes [MCL 750411k];

(hh) perjury statutes [MCL 750.422, 750.423, 750.424, and 750.425];

(ii) prostitution statutes [MCL 750.452, 750.455, 750.457, 750.458 and 750.459];

(jj) human trafficking statutes [MCL 750.462a, et seq];

(kk) robbery statutes [MCL 750.529 through 750.531];

(ll) possession of stolen property statutes [MCL 750.535 and 750.535a];

(mm)terrorism statutes [MCL 750.543a et seq];

(nn) obscenity statutes [MCL 752.365];

(oo) identity theft statutes [MCL 445.61 to 445.79d];

(pp) offenses committed in this or another state that constitute federal racketeering [18 USC 1961(1)];

(qq) offenses committed in this or another state in violation of federal law substantially similar to (a) through

(pp);

(rr) offenses committed in another state in violation of the laws of that state that are substantially similar to (a)

through (pp).

2. Do not read the first sentence of the instruction for the specific violation, which begins, “The defendant is charged

with the crime of . . . .”

3. The court may choose to include whatever portions of the sentence that it finds appropriate.

Page 10-21 Michigan Model Criminal Jury Instructions

Chapter 10. Conspiracy, Solicitation, and Organized Crime

History

M Crim JI 10.8b was adopted January 2018.

Reference Guide

Statutes

MCL 750.159f, .159g, .159h, .159i and .159j.

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Page 10-22 Michigan Model Criminal Jury Instructions

M Crim JI 10.9 Organized Retail Crime-Merchandise Theft

(1) The defendant is charged with committing an organized retail crime involving the theft of retail merchandise.

To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

[Select (2), (3), or (4) according to what has been charged:]

(2) First, that the defendant took some property from a person or a business that sells merchandise at retail without

the consent of the person or business.

(3) First, that the defendant organized, supervised, financed, or otherwise managed or assisted another

in taking

some property from a person or a business that sells merchandise at retail.

(4) First, that the defendant conspired with another person or persons

to take some property from a person or a

business that sells merchandise at retail.

(5) Second, that the property [taken / to be taken] was retail merchandise, which is a new article, product,

commodity, item, or component that was intended for sale in retail commerce.

(6) Third, that the defendant intended to [permanently deprive the owner of the retail merchandise that was taken

or intended to be taken / cheat the owner out of the value of the retail merchandise that was taken

(7) Fourth, that when the retail merchandise was taken, the defendant intended that the merchandise would be resold

or distributed, or would otherwise be reentered in commerce. Reentering the merchandise in commerce includes

transferring it to another person or another business that sells merchandise at retail. A transfer may be done

personally, by mail, or through any electronic medium, including the Internet, but it must be intended to be done

in exchange for something of value. It does not matter whether the reentry or transfer of the merchandise

actually took place, so long as the defendant intended that it take place at the time that it was taken.

Use Note

1. In cases where the defendant is alleged to have aided or assisted another person and the defendant is not the

person who is alleged to have committed the act, the aiding and abetting instructions (see Chapter 8) should

be given.

2. The conspiracy instructions in M Crim JI 10.1, 10.2, 10.3, and 10.4 should be given when the theory is that

the defendant conspired with another to commit an organized retail crime.

3. Use the second option only when the defendant returns the stolen merchandise to the original owner for a

fraudulent refund.

History

Adopted October 1, 2018

Page 10-23 Michigan Model Criminal Jury Instructions

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Reference

Statutes

MCL 752.1083, 752.1084

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Page 10-24 Michigan Model Criminal Jury Instructions

M Crim JI 10.9a Organized Retail Crime-Possession of Stolen Merchandise

(1) The defendant is charged with committing an organized retail crime involving the possession or receipt of stolen

retail merchandise. To prove this charge, the prosecutor must prove each of the following elements beyond a

reasonable doubt:

(2) First, that some property was [stolen / explicitly represented to the defendant as being stolen] from a retail

merchant. [It does not matter whether the property was actually stolen, if you find that someone told the

defendant that it was stolen.

]

(3) Second, that the property was retail merchandise, which is a new article, product, commodity, item, or

component that was intended for sale in retail commerce.

(4) Third, that the defendant [received / bought / possessed] the merchandise.

(5) Fourth, that, when the defendant [received / bought / possessed] the merchandise, [he / she] knew or believed

that it was stolen from a retail merchant. [It does not matter whether the property was actually stolen, if you

find that someone told the defendant that it was stolen.

]

(6) Fifth, that, when the defendant [received / bought / possessed] the merchandise, [he / she] intended that the

merchandise would be resold or distributed, or would otherwise be reentered in commerce. Reentering the

merchandise in commerce includes transferring it to another person or another business that sells merchandise

at retail. A transfer may be done personally, by mail, or through any electronic medium, including the Internet,

but it must be intended to be done in exchange for something of value. It does not matter whether the reentry

or transfer of the merchandise actually took place, so long as the defendant intended that it take place at the time

that it was taken.

Use Note

Read this sentence only when providing the second option that the property was represented to the defendant as

being stolen.

History

Adopted October 1, 2018

Reference

Statutes

MCL 752.1083, 752.1084

Page 10-25 Michigan Model Criminal Jury Instructions

Chapter 10. Conspiracy, Solicitation, and Organized Crime

M Crim JI 10.9b Organized Retail Crime-Subterfuge

(1) The defendant is charged with committing an organized retail crime by evading detection of the theft of retail

merchandise. To prove this charge, the prosecutor must prove each of the following elements beyond a

reasonable doubt:

(2) First, that the defendant [removed, destroyed, deactivated, or evaded an antishoplifting or inventory device /

used an artifice, instrument, container, device, or other article / deliberately caused a fire alarm to sound].

(3) Second, that the defendant [removed, destroyed, deactivated, or evaded an antishoplifting or inventory device

/ used an artifice, instrument, container, device, or other article / deliberately caused a fire alarm to sound] so

that [he / she] or others could take property without the owner’s consent from a person or a business that sells

merchandise at retail.

(4) Third, that the property stolen [or intended to be stolen]

was retail merchandise, which is a new article, product,

commodity, item, or component that was intended for sale in retail commerce.

(5) Fourth, that, when the defendant [removed, destroyed, deactivated, or evaded an antishoplifting or inventory

device / used an artifice, instrument, container, device, or other article / deliberately caused a fire alarm to

sound], [he / she] intended to [permanently deprive the owner of the retail merchandise that was taken [or

intended to be taken]

/ cheat the owner out of the value of the retail merchandise that was taken

(6) Fifth, that when the retail merchandise was taken, the defendant intended that the merchandise would be resold,

distributed, or otherwise reentered in commerce. Reentering the merchandise in commerce includes transferring

it to another person or another business that sells merchandise at retail. A transfer may be done personally, by

mail, or through any electronic medium, including the Internet, but it must be intended to be done in exchange

for something of value. It does not matter whether the reentry or transfer of the merchandise actually took place,

so long as the defendant intended that it take place at the time that it was taken.

Use Note

.The Committee recognizes that MCL 752.1084(1)(c) could be interpreted so that paragraphs (4), (5) and (6) of this

instruction do not apply to the language involving removal, destruction, deactivation, or evasion of antishoplifting

or inventory devices. However, the Committee believes MCL 752.1084(1)(c) to be ambiguous when considered

together with the statutory definition of “organized retail crime” in MCL 752.1083(c). The Committee concluded

that, in light of the statutory definition, the ambiguity is best resolved by including these paragraphs when instructing

on removal, destruction, deactivation, or evasion of antishoplifting or inventory devices. Where there is

disagreement with the inclusion of (4), (5) and/or (6), the Committee notes that, while use of the Model Criminal

Jury Instructions is mandated by MCR 2.512(D)(2), the rule allows a challenge to an instruction on the ground that

it does not accurately state the applicable law.

Use this phrase only where the charge involves conspiracy to commit an organized retail crime.

Use the second option only when the defendant makes a return of the stolen merchandise to the original owner for

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Page 10-26 Michigan Model Criminal Jury Instructions

a fraudulent refund.

History

Adopted October 1, 2018

Reference

Statutes

MCL 752.1083, 752.1084

Page 10-27 Michigan Model Criminal Jury Instructions

Chapter 10. Conspiracy, Solicitation, and Organized Crime

M Crim JI 10.9c Organized Retail Crime-Telecommunications Device

(1) The defendant is charged with committing an organized retail crime involving a telecommunications device. To

prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt.

(2) First, that the defendant purchased a wireless telecommunications device.

(3) Second, that the defendant purchased the device using fraudulent credit.

(4) Third, that, at the time that the defendant purchased the device, [he / she] knew that the method of payment that

[he / she] used was fraudulent.

(5) Fourth, that when the defendant used fraudulent credit to purchase the wireless telecommunications device, [he

/ she] intended to defraud or cheat someone.

History

Adopted October 1, 2018

Reference

Statutes

MCL 752.1083, 752.1084

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Page 10-28 Michigan Model Criminal Jury Instructions

M Crim JI 10.9d Organized Retail Crime-Telecommunications Service Agreement

(1) The defendant is charged with committing an organized retail crime involving a wireless telecommunications

service agreement. To prove this charge, the prosecutor must prove each of the following elements beyond a

reasonable doubt.

(2) First, that the defendant [obtained / used another person to obtain] a wireless telecommunications service

agreement with [name of the wireless telecommunications company].

(3) Second, that when the defendant [obtained / used the other person to obtain] the service agreement [he / she]

intended to break the agreement, in order to cheat [name of the wireless telecommunications company], or [he /

she] intended to defraud or cheat someone.

History

Adopted October 1, 2018

Reference

Statutes

MCL 752.1083, 752.1084

Page 10-29 Michigan Model Criminal Jury Instructions

Chapter 10. Conspiracy, Solicitation, and Organized Crime

M Crim JI 10.10 Gang-Motivated Crimes

(1) The defendant is charged with committing a crime related to gang membership or association. To prove this

charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that there was a group of persons that was a gang.

To prove that the group of persons was a gang, the prosecutor must prove that it was a group of five or more persons

who had a continuing relationship with each other, and identified themselves as a gang in all three of the following

ways:

The group had a unifying mark, manner, protocol, or method of expressing membership, which may

include a common name, sign, or symbol, means of recognition, geographical or territorial sites, or

boundary or location.

The group had an established leadership or command structure.

The group had defined membership criteria.

(3) Second, that the defendant was a member or an associate

of the gang.

(4) Third, that the defendant committed or attempted to commit the felony crime of [identify underlying charged

offense], as has previously been described to you.

(5) Fourth, that the defendant’s membership in or association with the gang provided the defendant with the motive,

means, or opportunity to commit the crime of [identify underlying charged offense].

Use Note

1.The statute does not define the term “associate.” Where the jury expresses some confusion about the term or asks

for a definition, the Committee on Model Criminal Jury Instructions offers the following: an “associate” is a person

who is not a member of the gang, but engages in gang-related activities with its members.

2.Where the defendant challenges whether he or she is a member or associate of a gang, it may be necessary to

explain that merely being in the presence of persons who are gang members is not sufficient to establish that a person

is a member or associate, but proof of engaging in activities with the gang or as part of the gang is required.

History

MCrimJI 10.10 was adopted December 2019.

Reference Guide > Statutes

MCL 750.411u

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Page 10-30 Michigan Model Criminal Jury Instructions

M Crim JI 10.10a Encouraging Gang-Motivated Crimes

(1) The defendant is charged with causing, encouraging, or coercing another person to assist a gang in committing

a felony. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable

doubt:

(2) First, that there was a group of persons that was a gang.

To prove that the group of persons was a gang, the prosecutor must prove that it was a group of five or more persons

who had a continuing relationship with each other, and identified themselves as a gang in all three of the following

ways:

(a) The group had a unifying mark, manner, protocol, or method of expressing membership, which may include

a common name, sign, or symbol, means of recognition, geographical or territorial sites, or boundary or

location.

(b) The group had an established leadership or command structure.

(3) Second, that members of the gang committed or planned to commit the felony crime of [identify underlying

charged offense], as has previously been described to you.

(4) Third, that the defendant caused, encouraged, or coerced [identify other person(s)] to join, participate in, or

assist the gang in committing or attempting to commit the crime of [identify underlying charged offense].

History

MCrimJI 10.10a was adopted December 2019.

Reference Guide > Statutes

MCL 750.411v(1)

Page 10-31 Michigan Model Criminal Jury Instructions

Chapter 10. Conspiracy, Solicitation, and Organized Crime

M Crim JI 10.10b Making Threats to Deter a Person from Assisting Another to

Withdraw from Gang Membership

(1) The defendant is charged with communicating a threat intending to deter a person from helping another person

to withdraw from gang membership or association. To prove this charge, the prosecutor must prove each of the

following elements beyond a reasonable doubt:

(2) First, that there was a group of persons that was a gang.

To prove that the group of persons was a gang, the prosecutor must prove that it was a group of five or more persons

who had a continuing relationship with each other, and identified themselves as a gang in all three of the following

ways:

(a) The group had a unifying mark, manner, protocol, or method of expressing membership, which may include

a common name, sign, or symbol, means of recognition, geographical or territorial sites, or boundary or

location.

(b) The group had an established leadership or command structure.

(3) Second, that [identify gang member] was a member or associate

of the gang.

(4) Third, that the defendant communicated a threat to [identify complainant] that [he / she], [his / her] relative, or

someone associated with [him / her] would be injured, or that the person or property of [identify complainant],

[his / her] relative, or someone associated with [him / her] would be damaged if [identify complainant] assisted

or helped [identify gang member] withdraw from the gang. It does not matter whether the threat directly

described the injury or damage that would occur, or implied that injury or damage would occur, so long as a

reasonable person would understand it to be a threat of injury or damage.

(5) Fourth, that, when the defendant communicated the threat, [he / she] intended to deter or discourage [identify

complainant] from assisting or helping [identify gang member] to withdraw from the gang.

Use Note

1.The statute does not define the term “associate.” Where the jury expresses some confusion about the term or asks

for a definition, the Committee on Model Criminal Jury Instructions offers the following: an “associate” is a person

who is not a member of the gang, but engages in gang-related activities with its members.

History

MCrimJI 10.10b was adopted December 2019.

Reference Guide > Statutes

MCL 750.411v(2)(a)

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Page 10-32 Michigan Model Criminal Jury Instructions

M Crim JI 10.10c Threatening a Person to Retaliate for Withdrawing from Gang

Membership

(1) The defendant is charged with communicating a threat intending to punish or retaliate against a person for

withdrawing from gang membership. To prove this charge, the prosecutor must prove each of the following

elements beyond a reasonable doubt:

(2) First, that there was a group of persons that was a gang.

To prove that the group of persons was a gang, the prosecutor must prove that it was a group of five or more persons

who had a continuing relationship with each other, and identified themselves as a gang in all three of the following

ways:

(a) The group had a unifying mark, manner, protocol, or method of expressing membership, which may include

a common name, sign, or symbol, means of recognition, geographical or territorial sites, or boundary or

location.

(b) The group had an established leadership or command structure.

(3) Second, that [identify complainant] was at one time a member or associate

of the gang.

(4) Third, that [identify complainant] withdrew from the gang.

(5) Fourth, that the defendant communicated a threat to [identify complainant] that [he / she], a relative of [his /

hers], or someone associated with [him / her] would be injured, or that the person or property of [identify

complainant], [his / her] relative, or someone associated with [him / her] would be damaged as punishment or

retaliation against [identify complainant] for withdrawing from the gang. It does not matter whether the threat

directly described the injury or damage that would occur, or implied that injury or damage would occur, so long

as a reasonable person would understand it to be a threat of injury or damage.

(6) Fifth, that, when the defendant communicated the threat, [he / she] intended to punish or retaliate against

[identify complainant] for withdrawing from the gang.

Use Note

1.The statute does not define the term “associate.” Where the jury expresses some confusion about the term or asks

for a definition, the Committee on Model Criminal Jury Instructions offers the following: an “associate” is a person

who is not a member of the gang, but engages in gang-related activities with its members.

Page 10-33 Michigan Model Criminal Jury Instructions

Chapter 10. Conspiracy, Solicitation, and Organized Crime

History

MCrimJI 10.10c was adopted December 2019.

Reference Guide > Statutes

MCL 750.411v(2)(b)

Chapter 10. Conspiracy, Solicitation, and Organized Crime

Page 10-34 Michigan Model Criminal Jury Instructions

Page 11-1 Michigan Model Criminal Jury Instructions

CHAPTER 11 Weapons

M Crim JI 11.1 Carrying Concealed Weapon-Pistol ........................................................................................................ 11-3

M Crim JI 11.1a Carrying a Pistol in a Vehicle................................................................................................................. 11-4

M Crim JI 11.2 Carrying Concealed Weapon-Dangerous Weapon ................................................................................. 11-5

M Crim JI 11.3 Definition of Pistol .................................................................................................................................. 11-7

M Crim JI 11.3a Definition of Pneumatic Gun ................................................................................................................ 11-8

M Crim JI 11.4 Definition of Dangerous Stabbing Weapon ............................................................................................ 11-9

M Crim JI 11.5 Definition of Dirk, Dagger, and Stiletto................................................................................................. 11-10

M Crim JI 11.6 Defense-Firearm Inoperable [DELETED] ............................................................................................... 11-11

M Crim JI 11.7 Defense-Defendant Unaware of Weapon ............................................................................................ 11-12

M Crim JI 11.8 Self-Defense Is Not a Defense to Carrying a Concealed Weapon......................................................... 11-13

M Crim JI 11.9 Exemption-Hunting Knife...................................................................................................................... 11-14

M Crim JI 11.10 Exemption-Pistol Carried by Licensee................................................................................................. 11-15

M Crim JI 11.11 Exemption-Weapon Carried in Home, Place of Business, or on Land Possessed by Defendant ........ 11-16

M Crim JI 11.12 Exemption-Pistol Carried by Agent of Manufacturer ......................................................................... 11-17

M Crim JI 11.13 Exemption-Antique Firearm ............................................................................................................... 11-18

M Crim JI 11.14 Exemption-Licensed Pistol Carried for a Lawful Purpose ................................................................... 11-19

M Crim JI 11.15 Exemption-Pistol Carried En Route to Hunting or Target Shooting Area [DELETED].......................... 11-20

M Crim JI 11.16 Exemption-Short-barreled Shotgun.................................................................................................... 11-21

M Crim JI 11.17 Going Armed with Firearm or Dangerous Weapon with Unlawful Intent.......................................... 11-22

M Crim JI 11.18 Definition of Knife and Razor.............................................................................................................. 11-23

M Crim JI 11.19 Definition of Dangerous Weapon ....................................................................................................... 11-24

M Crim JI 11.20 Careless, Reckless, or Negligent Use of Firearm with Injury or Death Resulting................................ 11-25

M Crim JI 11.21 Definition of Negligence ..................................................................................................................... 11-26

M Crim JI 11.22 Definition of Willfully and Wantonly .................................................................................................. 11-27

M Crim JI 11.23 Intentionally Pointing a Firearm Without Malice ............................................................................... 11-28

M Crim JI 11.24 Discharge of Firearm While Intentionally Aimed Without Malice...................................................... 11-29

M Crim JI 11.25 Discharge of Firearm Causing Injury While Intentionally Aimed Without Malice .............................. 11-30

M Crim JI 11.25a Brandishing a Firearm....................................................................................................................... 11-31

M Crim JI 11.26 Reckless or Wanton Use of a Firearm................................................................................................. 11-32

M Crim JI 11.26a Discharge of Firearm at Occupied Building [DELETED] ..................................................................... 11-33

M Crim JI 11.26b Discharge of Firearm in Occupied Structure [DELETED] ................................................................... 11-34

Chapter 11. Weapons

Page 11-2 Michigan Model Criminal Jury Instructions

M Crim JI 11.27 Failure to Present Pistol for Safety Inspection.................................................................................... 11-35

M Crim JI 11.28 Sale or Possession of a Pocket Knife Opened by a Mechanical Device .............................................. 11-36

M Crim JI 11.29 Manufacture, Sale, or Possession of Prohibited Weapons................................................................. 11-37

M Crim JI 11.30 Manufacture, Sale, or Possession of Short-barreled Shotgun............................................................ 11-39

M Crim JI 11.31 Definition of Manufacture .................................................................................................................. 11-40

M Crim JI 11.32 Definition of Sell ................................................................................................................................. 11-41

M Crim JI 11.33 Definition of Offer to Sell.................................................................................................................... 11-42

M Crim JI 11.34 Possession of Firearm at Time of Commission or Attempted Commission of Felony

(Felony Firearm) ........................................................................................................................................................... 11-43

M Crim JI 11.34a Using Pneumatic Gun in Furtherance of Commission or Attempted Commission of

Felony (Felony Firearm)................................................................................................................................................ 11-45

M Crim JI 11.34b Felony Firearm-Possession ............................................................................................................... 11-47

M Crim JI 11.34c Felony Firearm-Self-Defense............................................................................................................. 11-48

M Crim JI 11.35 Aiding and Abetting Felony Firearm: Direct Participation [DELETED] ................................................ 11-49

M Crim JI 11.36 Aiding and Abetting Felony Firearm: Indirect Participation [DELETED].............................................. 11-50

M Crim JI 11.37 Discharge of a Firearm from Motor Vehicle ....................................................................................... 11-51

M Crim JI 11.37a Discharge of a Firearm at a Building ................................................................................................. 11-53

M Crim JI 11.37b Discharge of a Firearm in a Building ................................................................................................. 11-55

M Crim JI 11.37c Discharge of a Firearm at a Police or Emergency Vehicle................................................................. 11-57

M Crim JI 11.38 Felon Possessing Firearm: Nonspecified Felony ................................................................................ 11-58

M Crim JI 11.38a Felon Possessing Firearm: Specified Felony...................................................................................... 11-60

The following instructions have been renumbered and moved to new Chapter 39 entitled “Explosives

and Harmful Substances.” ............................................................................................................................................ 11-62

Page 11-3 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.1 Carrying Concealed Weapon-Pistol

(1) The defendant is charged with the crime of carrying a concealed pistol.

To prove this charge, the prosecutor

must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant knowingly carried a pistol. It does not matter why the defendant was carrying the pistol,

but to be guilty of this crime the defendant must have known that [he / she] was carrying a pistol.

(3) Second, that this pistol was concealed on or about the person of the defendant. Complete invisibility is not

required. A pistol is concealed if it cannot easily be seen by those who come into ordinary contact with the

defendant.

Use Note

1.Use this instruction only when the defendant has been charged under MCL 750.227(2) with carrying a pistol

concealed on his or her person. Where the charge is that defendant carried a pistol in a vehicle, use M Crim JI 11.1a.

2.The definition of pistol, M Crim JI 11.3, should be included in the instructions only where there is some question

whether or not the article is a pistol.

See M Crim JI 11.10 - 11.14 for exemptions.

History

M Crim JI 11.1 (formerly CJI2d 11.1) was CJI 11:1:01. Revised March 2019 with addition of M Crim JI 11.1a

Reference Guide

Statutes

MCL 750.227, .231, .231a

Case Law

People v Sturgis, 427 Mich 392, 397 NW2d 783 (1986); People v Butler, 413 Mich 377, 384-385, 319 NW2d 540

(1982); People v Henderson, 391 Mich 612, 616-617, 218 NW2d 2 (1974); People v Green, 260 Mich App 392, 677

NW2d 677 NW2d 363 (2004), overruled on other grounds, People v Anstey, 476 Mich 436, 719 NW2d 579 (2006);

People v Combs, 160 Mich App 666, 408 NW2d 420 (1987); People v Lane, 102 Mich App 11, 300 NW2d 717

(1980); People v Jackson, 43 Mich App 569, 204 NW2d 367 (1972); People v Jones, 12 Mich App 293, 296, 162

NW2d 847 (1968).

Chapter 11. Weapons

Page 11-4 Michigan Model Criminal Jury Instructions

M Crim JI 11.1a Carrying a Pistol in a Vehicle

(1) The defendant is charged with the crime of carrying a pistol in a vehicle.

To prove this charge, the prosecutor

must prove each of the following elements beyond a reasonable doubt:

(2) First, that a pistol was in a vehicle that the defendant was in.

(3) Second, that the defendant knew the pistol was there.

(4) Third, that the defendant took part in carrying or keeping the pistol in the vehicle.

Use Note

1.Use this instruction only when the defendant has been charged under MCL 750.227(2) with carrying a pistol in a

vehicle. Where the charge is that defendant carried a concealed pistol on his or her person, use M Crim JI 11.1.

2.The definition of pistol, M Crim JI 11.3, should be included in the instructions only where there is some question

whether or not the article is a pistol.

See M Crim JI 11.10 - 11.14 for exemptions.

History

M Crim JI 11.1a was adopted March 2019 with amendments to M Crim JI 11.1

Reference Guide

Statutes

MCL 750.227, .231, .231a

Case Law

People v Sturgis, 427 Mich 392, 397 NW2d 783 (1986); People v Butler, 413 Mich 377, 384-385, 319 NW2d 540

(1982); People v Henderson, 391 Mich 612, 616-617, 218 NW2d 2 (1974); People v Green, 260 Mich App 392, 677

NW2d 677 NW2d 363 (2004), overruled on other grounds, People v Anstey, 476 Mich 436, 719 NW2d 579 (2006);

People v Nimeth, 236 Mich App 616, 621, 601 NW2d 393 (1999); People v Combs, 160 Mich App 666, 408 NW2d

420 (1987); People v Lane, 102 Mich App 11, 300 NW2d 717 (1980); People v Stone, 100 Mich App 24, 28, 298

NW2d 607 (1980).

Page 11-5 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.2 Carrying Concealed Weapon-Dangerous Weapon

(1) The defendant is charged with the crime of carrying a concealed weapon. To prove this charge, the prosecutor

must prove each of the following elements beyond a reasonable doubt:

[Use the following if defendant is charged with carrying a weapon concealed on person:]

(2) First, that the defendant knowingly carried a [dagger / dirk / stiletto / double-edged, nonfolding stabbing

instrument / dangerous stabbing weapon]. It does not matter why the defendant was carrying the weapon, but to

be guilty of this crime the defendant must have known that it was a weapon.*

(3) Second, that this [dagger / dirk / stiletto / double-edged, nonfolding stabbing instrument / dangerous stabbing

weapon] was concealed. Complete invisibility is not required. A weapon is concealed if it cannot easily be seen

by those who come into ordinary contact with the defendant.

[Use the following if defendant is charged with carrying a weapon carried in vehicle:]

(4) First, that the instrument or item was a [dagger / dirk / stiletto / double-edged, nonfolding stabbing instrument /

dangerous stabbing weapon].

(5) Second, that the instrument or item was in a vehicle that the defendant was in.

(6) Third, that the defendant knew the instrument or item was in the vehicle.

(7) Fourth, that the defendant took part in carrying or keeping the instrument or item in the vehicle.

Use Note

*Define term used:

M Crim JI 11.4 Dangerous Stabbing Weapon

M Crim JI 11.5 Dirk, Dagger, and Stiletto

If the defendant is charged with carrying a double-edged, nonfolding stabbing instrument, no further definition of

that term is necessary.

History

M Crim JI 11.2 (formerly CJI2d 11.2) was CJI 11:1:02; amended April 1999.

Chapter 11. Weapons

Page 11-6 Michigan Model Criminal Jury Instructions

Reference Guide

Statutes

MCL 750.227, .231, .231a.

Case Law

People v Lynn, 459 Mich 53, 586 NW2d 534 (1998); People v Smith, 393 Mich 432, 225 NW2d 165 (1975); People

v Vaines, 310 Mich 500, 17 NW2d 729 (1945); People v Goolsby, 284 Mich 375, 378, 279 NW 867 (1938); People

v Johnson, 175 Mich App 56, 59, 437 NW2d 302 (1989).

Page 11-7 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.3 Definition of Pistol

(1) A pistol is a firearm. A firearm includes any weapon which will, or is designed to, or may readily be converted

to expel a projectile by action of an explosive.

(2) The shape of the pistol is not important as long as it is twenty-six inches or less in length.

(3) It does not matter whether or not the pistol was capable of firing a projectile or whether it was loaded.

History

M Crim JI 11.3 (formerly CJI2d 11.3) was CJI 11:1:03. Amended in May 2016 (pending public comment) and

adopted with no further changes in January 2017.

Reference Guide

Statutes

MCL 8.3t, 750.222(a), .227, .231, .231a.

Case Law

People v Peals, 476 Mich 636 (2006); People v Humphrey, 312 Mich App 309 (2015).

Chapter 11. Weapons

Page 11-8 Michigan Model Criminal Jury Instructions

M Crim JI 11.3a Definition of Pneumatic Gun

A pneumatic gun means any implement, designed as a gun, that will expel a BB or pellet by spring, gas, or air.

Pneumatic gun includes a paintball gun that expels by pneumatic pressure plastic balls filled with paint for the

purpose of marking the point of impact.

History

Added in May 2016 (pending public comment) and adopted with no further changes in January 2017.

Reference Guide

Statutes

MCL 750.222(g); 123.1101(d).

Page 11-9 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.4 Definition of Dangerous Stabbing Weapon

(1) A dangerous stabbing weapon is any object that is carried as a weapon for bodily assault or defense and that is

likely to cause serious physical injury or death when used as a stabbing weapon.

(2) Some objects, such as guns or bombs, are dangerous because they are specifically designed to be dangerous.

Other objects are designed for peaceful purposes but may be used as dangerous weapons. The way an object is

carried determines whether or not it is a dangerous weapon. If an object is carried for use as a stabbing weapon,

and is likely to cause serious physical injury or death when used as a stabbing weapon, it is a dangerous stabbing

weapon.

(3) You must decide from all of the facts and circumstances whether the evidence shows that the

_______________________________ in question here was a dangerous stabbing weapon.

Use Note

In People v Lynn, 459 Mich 53, 60, 586 NW2d 534 (1998), the Michigan Supreme Court held that where the

defendant is charged with carrying a “dangerous weapon” contrary to MCL 750.227, “the burden is on the

prosecution to prove that the instrument … was used, or intended for use, as a weapon for bodily assault or defense.

The fact that a pointed instrument, such as a machete, has great potential as a dangerous weapon does not render it

a dangerous weapon per se.”

History

M Crim JI 11.4 (formerly CJI2d 11.4) was CJI 11:1:04.

Reference Guide

Statutes

MCL 750.227, .231, .231a.

Case Law

People v Smith, 393 Mich 432, 225 NW2d 165 (1975); People v Vaines, 310 Mich 500, 17 NW2d 729 (1945);

People v Goolsby, 284 Mich 375, 279 NW 867 (1938); People v Morris, 8 Mich App 688, 155 NW2d 270 (1967).

Chapter 11. Weapons

Page 11-10 Michigan Model Criminal Jury Instructions

M Crim JI 11.5 Definition of Dirk, Dagger, and Stiletto

(1) A dirk is a straight knife with a pointed blade.

(2) A dagger is a knife with a short, pointed blade.

(3) A stiletto is a small dagger with a slender, tapering blade.

Use Note

Choose appropriate definition.

History

M Crim JI 11.5 (formerly CJI2d 11.5) was CJI 11:1:06-11:1:08.

Page 11-11 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.6 Defense-Firearm Inoperable [DELETED]

This instruction was stricken as an incorrect statement of the law. People v Humphrey, 312 Mich App 309; 877

NW2d 770 (2015).

History

M Crim JI 11.6 (formerly CJI2d 11.6) was CJI 11:1:09. Deleted January 2017.

Chapter 11. Weapons

Page 11-12 Michigan Model Criminal Jury Instructions

M Crim JI 11.7 Defense-Defendant Unaware of Weapon

(1) An essential element of the crime of carrying a concealed weapon is that the defendant must have knowingly

carried the weapon.

(2) If you are not convinced beyond a reasonable doubt that the defendant knew that the weapon was [on (his / her)

person / in the automobile], then you must find the defendant not guilty.

History

M Crim JI 11.7 (formerly CJI2d 11.7) was CJI 11:1:10.

Reference Guide

Statutes

MCL 750.227, .231, .231a.

Case Law

People v Williamson, 200 Mich 342, 346, 166 NW 917 (1918); People v Emery, 150 Mich App 657, 389 NW2d 472

(1986).

Page 11-13 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.8 Self-Defense Is Not a Defense to Carrying a Concealed Weapon

It does not matter if the defendant was carrying the weapon for [his / her] own protection. Self-defense is not a

defense to this charge.

History

M Crim JI 11.8 (formerly CJI2d 11.8) was CJI 11:1:11.

Reference Guide

Case Law

People v Hernandez-Garcia, 477 Mich 1039, 728 NW2d 406 (2007); People v Hernandez-Garcia, 266 Mich App

416, 701 NW2d 191 (2005); People v Townsel, 13 Mich App 600, 164 NW2d 776 (1968).

Chapter 11. Weapons

Page 11-14 Michigan Model Criminal Jury Instructions

M Crim JI 11.9 Exemption-Hunting Knife

(1) A hunting knife is a large, heavy, wide-bladed knife with a single cutting edge that curves up to a point. It is

typically used to skin and cut up game.

(2) This law does not apply to hunting knives adapted and carried as hunting knives. The prosecutor has the burden

of proving beyond a reasonable doubt that the knife involved was not a hunting knife.

Use Note

This instruction is to be given when the trial court determines that some evidence relating to the hunting knife

exemption was admitted at trial. See People v Henderson, 391 Mich 612, 218 NW2d 2 (1974).

History

M Crim JI 11.9 (formerly CJI2d 11.9) was CJI 11:1:05, 11:1:12; amended September, 2007.

Reference Guide

Statutes

MCL 750.227(1).

Case Law

People v Payne, 180 Mich App 283, 285, 446 NW2d 629 (1989); People v Zysk, 149 Mich App 452, 386 NW2d 213

(1986).

Page 11-15 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.10 Exemption-Pistol Carried by Licensee

This law does not apply to anyone who has a valid license to carry a concealed pistol. [However, if there are any

restrictions on the license, the person must follow those restrictions.]

The prosecutor has the burden of proving

beyond a reasonable doubt that the defendant [did not have a license / was carrying the pistol in violation of the

restrictions on the license].

Use Note

This instruction is to be given when the trial court determines that some evidence relating to the license exemption

was admitted at trial. See People v Henderson, 391 Mich 612, 218 NW2d 2 (1974).

Use bracketed material when restrictions are an issue.

Use bracketed material after slash mark when restrictions are an issue.

History

M Crim JI 11.10 (formerly CJI2d 11.10) was CJI 11:1:13-11:1:14.

Reference Guide

Statutes

MCL 750.227(2), .231a.

Chapter 11. Weapons

Page 11-16 Michigan Model Criminal Jury Instructions

M Crim JI 11.11 Exemption-Weapon Carried in Home, Place of Business, or on Land

Possessed by Defendant

This law does not apply to a person who carries a [pistol / knife / dagger / dirk / stiletto / dangerous stabbing weapon]

in [his / her] home, place of business, or on other land [he / she] possesses. The prosecutor has the burden of proving

beyond a reasonable doubt that the defendant was carrying the ________________________ outside of [his / her]

own home or place of business or off other land [he / she] possessed.

Use Note

This instruction is to be given when the trial court determines that some evidence relating to the exemption of

carrying a weapon in one’s own home, place of business, or other possessed land was admitted at trial. See People

v Henderson, 391 Mich 612, 218 NW2d 2 (1974).

History

M Crim JI 11.11 (formerly CJI2d 11.11) was CJI 11:1:15.

Reference Guide

Statutes

MCL 750.227(1).

Case Law

People v Pasha, 466 Mich 378, 645 NW2d 275 (2002).

Page 11-17 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.12 Exemption-Pistol Carried by Agent of Manufacturer

This law does not apply to an authorized agent of a licensed manufacturer of firearms who is engaged in the ordinary

transportation of pistols as merchandise. The prosecutor has the burden of proving beyond a reasonable doubt that

the defendant was not doing so.

Use Note

This instruction is to be given when the trial court determines that some evidence that the defendant was an

authorized agent of a licensed manufacturer of firearms who was engaged in the ordinary transportation of pistols

as merchandise was admitted at trial.

History

M Crim JI 11.12 (formerly CJI2d 11.12) was CJI 11:1:16.

Reference Guide

Statutes

MCL 750.231a(1)(b).

Chapter 11. Weapons

Page 11-18 Michigan Model Criminal Jury Instructions

M Crim JI 11.13 Exemption-Antique Firearm

(1) This law does not apply to a person who carries an antique gun. However, the antique gun must be completely

unloaded and in a closed case or container designed for the storage of firearms [in the trunk of the vehicle / and

it must not be easily accessible to the people in the vehicle].

[(2) An antique gun is any gun made in or before 1898 that is not designed or redesigned for using rimfire or

conventional centerfire ignition with fixed ammunition.]

[(3) Antique guns also include any guns using a matchlock, flintlock, percussion cap, or similar type of ignition

system or replicas of these systems, no matter what year the guns were made.]

[(4) An antique gun is also any gun made in or before 1898 that uses fixed ammunition of a kind that is no longer

made in the United States and that is not readily available in commercial trade.]

(5) The prosecutor has the burden of proving beyond a reasonable doubt that the weapon was not an antique gun.

Use Note

This instruction is to be given when the trial court determines that evidence sufficient to satisfy MCL 776.20 relating

to the antique gun exemption was introduced at trial.

Use bracketed portions as applicable.

History

M Crim JI 11.13 (formerly CJI2d 11.13) was CJI 11:1:17. Amended February 2016.

Reference Guide

Statutes

MCL 750.231a(1)(c), (2).

Page 11-19 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.14 Exemption-Licensed Pistol Carried for a Lawful Purpose

(1) This law does not apply to a person who carries a licensed pistol in a vehicle for a lawful purpose. However, the

pistol must be licensed, completely unloaded, and in a closed case or container designed for the storage of

firearms [in the trunk of the vehicle / and it must not be easily accessible to the people in the vehicle].

(2) The prosecutor has the burden of proving beyond a reasonable doubt that the defendant was not carrying the

pistol for a lawful purpose.

Use Note

This instruction is to be given when the trial court determines that evidence sufficient to satisfy MCL 776.20,

relating to the carrying of a licensed pistol for a lawful purpose, was introduced at trial.

History

M Crim JI 11.14 (formerly CJI2d 11.14) was CJI 11:1:18. Amended February 2016.

Reference Guide

Statutes

MCL 750.231a(1)(e).

Chapter 11. Weapons

Page 11-20 Michigan Model Criminal Jury Instructions

M Crim JI 11.15 Exemption-Pistol Carried En Route to Hunting or Target Shooting

Area [DELETED]

Note: This instruction was deleted by the Committee in February 2016 when it was fully included within M Crim

JI 11.14.

Page 11-21 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.16 Exemption-Short-barreled Shotgun

(1) This law does not apply to a short-barreled shotgun or short-barreled rifle that is lawfully made, manufactured,

transferred or possessed under federal law. The prosecutor has the burden of proving beyond a reasonable doubt

that this exception does not apply.

Use Note

This instruction is to be given only when, as provided under MCL 776.20, the trial court determines that sufficient

evidence was admitted at trial establishing that the firearm is exempt from the statutory prohibition. A short-barreled

shotgun or rifle may be exempt if it is registered under the National Firearms Registration Act. 26 USC 5845. A

defendant should be able to provide a Bureau of Alcohol, Tobacco, Firearms and Explosives registration form for

making or transferring such weapons and/or tax or tax exempt registration forms to invoke this exception. 26 USC

5841; 27 CFR (Code of Federal Regulations) Part 478. Antique firearms or replicas of antique firearms, as defined

under federal law in 18 USC 921(a)(16), are exempt. A “curio” or “relic” firearm listed by the United States Attorney

General is also exempt; those are listed by the Bureau of Alcohol, Tobacco, Firearms and Explosives. See http://

www.atf.gov/files/publications/firearms/curios-relics/p-5300-11-firearms-curios-or-relics-list. pdf. If it is claimed

that the firearm is an antique, a replica of an antique, a curio, or a relic listed by the United States Attorney General,

the court may wish to reference the applicable content of those materials when instructing the jury.

History

M Crim JI 11.16 (formerly CJI2d 11.16) was added in 1990. Amended February 2016.

Reference Guide

Statutes

MCL 28.422, 750.224b(3).

Chapter 11. Weapons

Page 11-22 Michigan Model Criminal Jury Instructions

M Crim JI 11.17 Going Armed with Firearm or Dangerous Weapon with Unlawful

Intent

(1) The defendant is charged with the crime of going armed with a dangerous weapon with unlawful intent. To

prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant went armed with a _______________________.

(3) Second, at that time the defendant intended to use this weapon unlawfully against someone else.

Use Note

Define term used:

M Crim JI 11.3 Pistol

M Crim JI 11.3a Pneumatic Gun

M Crim JI 11.5 Dirk, Dagger, and Stiletto

M Crim JI 11.18 Knife and Razor

M Crim JI 11.19 Dangerous Weapon

This is a specific intent crime.

History

M Crim JI 11.17 (formerly CJI2d 11.17) was CJI 11:2:01; amended September, 2013.

Reference Guide

Statutes

MCL 750.226.

Case Law

People v Smith, 393 Mich 432, 437, 225 NW2d 165 (1975); People v Davenport, 89 Mich App 678, 682, 282 NW2d

179 (1979); People v Flinnon, 78 Mich App 380, 260 NW2d 106 (1977).

Page 11-23 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.18 Definition of Knife and Razor

(1) A knife is an instrument having a handle and at least one sharp-edged blade. The blade must be over three inches

long. [It could also be a dangerous weapon without being over three inches long.]

(2) A razor is a sharp-edged cutting instrument for shaving off or cutting hair.

Use Note

Choose appropriate definition.

History

M Crim JI 11.18 (formerly CJI2d 11.18) was CJI 11:2:02-11:2:03.

Reference Guide

Statutes

MCL 750.226.

Chapter 11. Weapons

Page 11-24 Michigan Model Criminal Jury Instructions

M Crim JI 11.19 Definition of Dangerous Weapon

(1) A dangerous weapon is any object that is used in a way that is likely to cause serious physical injury or death.

(2) Some objects, such as guns or bombs, are dangerous because they are specifically designed to be dangerous.

Other objects are designed for peaceful purposes but may be used as dangerous weapons. The way an object is

used or intended to be used in an assault determines whether or not it is a dangerous weapon. If an object is used

in a way that is likely to cause serious physical injury or death, it is a dangerous weapon.

(3) You must decide from all of the facts and circumstances whether the evidence shows that the

____________________________ in question here was a dangerous weapon.

Use Note

M Crim JI 11.19 should be used when the charge is carrying a dangerous weapon with unlawful intent under MCL

750.226.

History

M Crim JI 11.19 (formerly CJI2d 11.19) was CJI 11:2:04.

Reference Guide

Statutes

MCL 750.226.

Case Law

People v Vaines, 310 Mich 500, 17 NW2d 729 (1945); People v Goolsby, 284 Mich 375, 279 NW 867 (1938);

People v Morris, 8 Mich App 688, 155 NW2d 270 (1967).

Page 11-25 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.20 Careless, Reckless, or Negligent Use of Firearm with Injury or Death

Resulting

(1) [The defendant is charged with the crime of / You may also consider the lesser charge of

] negligent use of a

firearm. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable

doubt:

(2) First, that someone was [injured / killed].

(3) Second, that the [injury / death] was caused by the discharge of a gun.

[Choose (4) or (5):]

[(4) Third, that the gun was discharged by the defendant.]

[(5) Third, that at the time of the discharge the gun was under the immediate control of the defendant and that the

defendant caused or allowed the gun to be discharged.]

(6) Fourth, that the discharge was the result of the defendant’s carelessness, recklessness, or negligence.

[(7) Fifth, the shooting was not the result of the defendant’s willfulness or wantonness.]

Use Note

Use when instructing on the crime as a lesser offense.

Give the definition of negligence, M Crim JI 11.21.

Use when instructing on the crime as a lesser offense.

History

M Crim JI 11.20 (formerly CJI2d 11.20) was CJI 11:3:01.

Reference Guide

Statutes

MCL 752.861.

Chapter 11. Weapons

Page 11-26 Michigan Model Criminal Jury Instructions

M Crim JI 11.21 Definition of Negligence

(1) The prosecutor must prove beyond a reasonable doubt that the defendant was guilty of at least ordinary

negligence in the shooting of this gun. Ordinary negligence is more than slight negligence and slight negligence

is not a crime. Because of that, I need to tell you the difference between ordinary and slight negligence.

(2) Slight negligence means doing something that is not usually dangerous, something that only an extremely

careful person would have thought could cause injury. In this case, if you find that the defendant was only

slightly negligent, then you must find [him / her] not guilty.

(3) Ordinary negligence means not taking reasonable care under the circumstances as they were at the time. If

someone does something that is usually dangerous, something that a sensible person would know could hurt

someone, that is ordinary negligence. If the defendant did not do what a sensible person would have done under

the circumstances, then [he / she] is guilty of ordinary negligence.

(4) The fact that an accident occurred or that someone was injured does not, by itself, mean that the defendant was

negligent.

History

M Crim JI 11.21 (formerly CJI2d 11.21) was CJI 11:3:02.

Reference Guide

Statutes

MCL 752.861.

Case Law

Felgner v Anderson, 375 Mich 23, 30, 133 NW2d 136 (1965); Bahel v Manning, 112 Mich 24, 70 NW 327 (1897);

People v Hollis, 30 Mich App 218, 186 NW2d 8 (1971).

Page 11-27 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.22 Definition of Willfully and Wantonly

(1) Willfully means that the defendant knowingly created the danger and intended to cause injury.

(2) Wantonly means that the defendant knowingly created the danger and knew what would probably happen when

[he / she] did it.

History

M Crim JI 11.22 (formerly CJI2d 11.22) was CJI 11:3:03-11:3:04.

Reference Guide

Case Law

People v McCarty, 303 Mich 629, 633, 6 NW2d 919 (1942); People v Orr, 243 Mich 300, 308, 220 NW 777 (1928);

People v Campbell, 237 Mich 424, 428-429, 212 NW 97 (1927); Detroit v Pillon, 18 Mich App 373, 376, 171 NW2d

484 (1969).

Chapter 11. Weapons

Page 11-28 Michigan Model Criminal Jury Instructions

M Crim JI 11.23 Intentionally Pointing a Firearm Without Malice

[The defendant is charged with the crime of / You may also consider the lesser charge of*] pointing a firearm at or

toward another person. To prove this charge, the prosecutor must prove beyond a reasonable doubt that the

defendant was intentionally pointing the gun at or toward another person [but without intending to threaten or harm

anyone]*.

Use Note

*Use when instructing on the crime as a lesser offense.

This is a specific intent crime.

History

M Crim JI 11.23 (formerly CJI2d 11.23) was CJI 11:4:01.

Reference Guide

Statutes

MCL 750.233.

Case Law

People v Chamblis, 395 Mich 408, 424, 236 NW2d 473 (1975); People v Heikkala, 226 Mich 332, 333-334, 197

NW 366 (1924).

Page 11-29 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.24 Discharge of Firearm While Intentionally Aimed Without Malice

(1) [The defendant is charged with the crime of / You may also consider the lesser charge of

] discharging a firearm

intentionally pointed at another person. To prove this charge, the prosecutor must prove each of the following

elements beyond a reasonable doubt:

(2) First, that the defendant pointed a gun at or toward another person.

(3) Second, that the defendant intended to point the gun [but did not intend to threaten or harm anyone]

(4) Third, that while pointing the gun the defendant discharged it [but no one was injured]

Use Note

Use when instructing on the crime as a lesser offense.

This is a specific intent crime.

Use parenthetical expression only if necessary to distinguish this offense from that described in M Crim JI 11.25.

History

M Crim JI 11.24 (formerly CJI2d 11.24) was CJI 11:4:02.

Reference Guide

Statutes

MCL 750.234.

Case Law

People v Chamblis, 395 Mich 408, 424, 236 NW2d 473 (1975); People v Heikkala, 226 Mich 332, 333-334, 197

NW 366 (1924).

Chapter 11. Weapons

Page 11-30 Michigan Model Criminal Jury Instructions

M Crim JI 11.25 Discharge of Firearm Causing Injury While Intentionally Aimed

Without Malice

(1) [The defendant is charged with the crime of / You may also consider the lesser charge of*] injuring another

person by discharging a firearm that was intentionally aimed at that person. To prove this charge, the prosecutor

must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant pointed a gun at or toward another person.

(3) Second, that the defendant intended to point the gun [but did not intend to threaten or harm anyone]*.

(4) Third, that while pointing the gun the defendant discharged it and injured the other person.

Use Note

*Use when instructing on the crime as a lesser included offense.

This is a specific intent crime.

History

M Crim JI 11.25 (formerly CJI2d 11.25) was CJI 11:4:03.

Reference Guide

Statutes

MCL 750.235.

Case Law

People v Chamblis, 395 Mich 408, 424, 236 NW2d 473 (1975); People v Heikkala, 226 Mich 332, 333-334, 197

NW 366 (1924).

Page 11-31 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.25a Brandishing a Firearm

(1) The defendant is charged with the crime of brandishing a firearm. To prove this charge, the prosecutor must

prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant possessed a firearm or had control of a firearm. A firearm is a weapon that will shoot

out a projectile by explosive action, is designed to shoot out a projectile by explosive action, or can readily be

converted to shoot out a projectile by explosive action.

(3) Second, that while possessing or controlling the firearm, the defendant was in a public place.

(4) Third, that while possessing or controlling the firearm in a public place, the defendant deliberately pointed it,

waved it about, or displayed it in a threatening manner.

(5) Fourth, that when the defendant pointed, waved about, or displayed the firearm, [he / she] did so intending to

cause another person or other persons to be fearful.

Use Note

The Committee on Model Criminal Jury Instruction recognizes that in certain circumstances a claim of self-defense

or defense of others may apply to a charge of brandishing a firearm. If the evidence provides a basis for such a

defense, the court may provide an instruction patterned after M Crim JI 7.25 (Self-Defense as Defense to Felon in

Possession of a Firearm).

1. The court need not read this sentence where it is undisputed that the weapon alleged to have been brandished was

a firearm.

2. This is a specific intent crime.

History

M Crim JI 11.25a was adopted December 2022.

Reference Guide

Statutes

MCL 750.234e.

Chapter 11. Weapons

Page 11-32 Michigan Model Criminal Jury Instructions

M Crim JI 11.26 Reckless or Wanton Use of a Firearm

[The defendant is charged with the crime of / You may also consider the lesser charge of*] reckless [use / handling]

of a firearm. To prove this charge, the prosecutor must prove beyond a reasonable doubt that the defendant

[recklessly / heedlessly / willfully / (or) wantonly] [used / carried / handled / (or) fired] a gun without reasonable

caution for the rights, safety, or property of others.

Use Note

*Use when instructing on the crime as a lesser offense.

History

M Crim JI 11.26 (formerly CJI2d 11.26) was CJI 11:5:01.

Reference Guide

Statutes

MCL 752.863a.

Case Law

People v Pritchett, 62 Mich App 570, 233 NW2d 655 (1975).

Page 11-33 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.26a Discharge of Firearm at Occupied Building [DELETED]

Note: This instruction was deleted by the committee in March 2016, in the course of revising portions of this

chapter. The offense previously covered by this instruction is now included within M Crim JI 11.37a.

Chapter 11. Weapons

Page 11-34 Michigan Model Criminal Jury Instructions

M Crim JI 11.26b Discharge of Firearm in Occupied Structure [DELETED]

Note: This instruction was deleted by the committee in March 2016, in the course of revising portions of this

chapter. The offense previously covered by this instruction is now included within M Crim JI 11.37b.

Page 11-35 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.27 Failure to Present Pistol for Safety Inspection

(1) [The defendant is charged with the crime of / You may also consider the lesser charge of

] failing to take a pistol

to the appropriate police agency for a safety inspection. To prove this charge, the prosecutor must prove each

of the following elements beyond a reasonable doubt:

(2) First, that the defendant either owned or had come into possession of a pistol at the time alleged.

(3) Second, that the defendant failed to bring the pistol to the appropriate police agency for safety inspection.

[(4) If you find that the defendant was excused from taking the pistol in for a safety inspection, then (he / she) must

be found not guilty. The prosecutor has the burden of proving beyond a reasonable doubt that the defendant was

not excused.]

Use Note

Use when instructing on the crime as a lesser offense.

This paragraph should be given only when the trial court determines there is some evidence that the defendant was

excused from securing a safety inspection.

History

M Crim JI 11.27 (formerly CJI2d 11.27) was CJI 11:6:01.

Reference Guide

Statutes

MCL 28.432, 750.231b.

Case Law

OAG 1945-1946, No 0-3954, pp 467-468 (September 26, 1945).

Chapter 11. Weapons

Page 11-36 Michigan Model Criminal Jury Instructions

M Crim JI 11.28 Sale or Possession of a Pocket Knife Opened by a Mechanical Device

(1) The defendant is charged with the crime of [selling / offering for sale / (or) possessing] a knife that looks like a

pocket knife, but has a blade that can be opened mechanically by the flick of a button, pressure on the handle,

or other mechanical device. To prove this charge, the prosecutor must prove each of the following elements

beyond a reasonable doubt:

(2) First, that the defendant [sold / offered for sale / (or) possessed] a knife.

(3) Second, that the knife looked like a pocket knife, but had a blade that could be opened mechanically by the flick

of a button, pressure on the handle, or other mechanical device.

(4) A pocket knife is a knife that is made so that the blade can be folded into the handle for carrying.

History

M Crim JI 11.28 (formerly CJI2d 11.28) was CJI 11:7:01, 11:7:03.

Reference Guide

Statutes

MCL 750.226a.

Page 11-37 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.29 Manufacture, Sale, or Possession of Prohibited Weapons

(1) The defendant is charged with the crime of [manufacturing / selling / offering for sale / (or) possessing]:

[Choose appropriate section or sections:]

(a) a machine gun. A machine gun is a weapon from which a number of shots or bullets may be rapidly or

automatically fired with one continuous pull of the trigger.

(b) a muffler or silencer. A muffler or silencer is a device for deadening or muffling the sound of a firing gun.

designed to be set off by a fuse or other device.

(d) a blackjack. A blackjack is a weapon consisting of a lead slug attached to a narrow strap, usually of leather.

(e) a slingshot.

(f) a billy. A billy or billy club is a small bludgeon that may be carried in the pocket.

(g) a sand club or sand bag. A sand bag or sand club is a small narrow bag filled with sand and used as a

bludgeon.

(h) a bludgeon. A bludgeon is a short club, usually weighted at one end or bigger at one end than the other, and

designed for use as a weapon.

(i) metal knuckles. Metal knuckles are pieces of metal designed to be worn over the knuckles in order to protect

them in striking a blow and to make the blow more effective.

(j) a weapon designed for the purpose of rendering a person either temporarily or permanently disabled by the

ejection, release, or emission of a gas or other substance.

(2) To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(3) First, that the defendant knowingly [manufactured / sold / offered for sale / (or) possessed] a

______________________________________.

(4) Second, that at the time [he / she] [manufactured / sold / offered for sale / (or) possessed] it, the defendant knew

that the ______________________________ was a weapon.

[(5) The defendant must be found not guilty if the (firearms / explosives / (or) munitions of war) were being

manufactured under a contract with a department of the United States, or if the defendant was licensed by the

Secretary of the Treasury of the United States or the secretary’s delegate to manufacture, sell or possess

__________________________.]

[(6) The defendant must be found not guilty if the device (he / she) is charged with possessing was a self-defense

Chapter 11. Weapons

Page 11-38 Michigan Model Criminal Jury Instructions

spray device, that is, a device that carries thirty-five grams or less of orthochlorobenzalmalononitrile and other

ingredients or a solution containing not more than 2 percent oleoresin capsicum, but that does not give off any

other substance that will disable or injure a person.]

Use Note

Use bracketed material only when evidence as to those matters has been introduced.

The statute lists bomb or bomb shell. Since bomb shell is an older term meaning bomb, it has not been used in the

instructions.

See M Crim JI 11.7 when knowledge is an issue.

Where necessary, define terms used:

M Crim JI 11.31Manufacture

M Crim JI 11.32Sell

M Crim JI 11.33Offer to Sell

History

M Crim JI 11.29 (formerly CJI2d 11.29) was CJI 11:8:01, 11:8:05. Amended October, 1991; September, 1992.

Reference Guide

Statutes

MCL 28.426a(1), 750.224, .224d, .227.

Case Law

People v Hill, 433 Mich 464, 446 NW2d 140 (1989); People v Smith, 393 Mich 432, 438 n2, 225 NW2d 165 (1975);

People v Brown, 253 Mich 537, 235 NW 245 (1931); People v Beasley, 198 Mich App 40, 42, 497 NW2d 200

(1993); People v Battles #1, 109 Mich App 384, 387, 311 NW2d 793 (1981); People v Malik, 70 Mich App 133,

134, 245 NW2d 434 (1976); People v Giacalone, 23 Mich App 163, 178 NW2d 162 (1970).

Page 11-39 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.30 Manufacture, Sale, or Possession of Short-barreled Shotgun

(1) The defendant is charged with the crime of making, manufacturing, transferring, or possessing a short-barreled

shotgun or rifle. To prove this charge, the prosecutor must prove each of the following elements beyond a

reasonable doubt:

(2) First, that the defendant knowingly [made / manufactured / transferred / possessed] a [shotgun / rifle].

(3) Second, that the [shotgun / rifle] was short-barreled, that is

[Choose (a) or (b):]

(a) the shotgun had one or more barrels less than 18 inches long or the shotgun was less than 26 inches long

overall.

(b) the rifle had one or more barrels less than 16 inches long or the rifle was less than 26 inches long overall.

Use Note

The definition of a short-barreled rifle and shotgun is found in MCL 750.222(k) and (l), respectively.

History

M Crim JI 11.30 (formerly CJI2d 11.30) was added in 1990. Amended February 2016.

Reference Guide

Statutes

MCL 8.3t, 750.224b.

Case Law

People v Hill, 433 Mich 464, 446 NW2d 140 (1989); People v Walker, 167 Mich App 377, 422 NW2d 8 (1988);

People v Walker, 166 Mich App 299, 420 NW2d 194 (1988).

Chapter 11. Weapons

Page 11-40 Michigan Model Criminal Jury Instructions

M Crim JI 11.31 Definition of Manufacture

To manufacture is to produce articles from raw or prepared materials by giving those materials new forms, qualities,

properties or combinations, whether by hand labor or by machinery.

Use Note

This definition is to be used only with the weapons statute.

The definition is taken from Miller v Peck, 158 O St 17, 20, 106 NE2d 776 (1952).

History

M Crim JI 11.31 (formerly CJI2d 11.31) was CJI 11:8:02.

Page 11-41 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.32 Definition of Sell

Under this law, to sell means to transfer possession, give, or loan to someone else. It does not matter whether what

is sold has any value.

Use Note

This definition is to be used only with the weapons statute.

History

M Crim JI 11.32 (formerly CJI2d 11.32) was CJI 11:8:03.

Reference Guide

Statutes

MCL 28.421, 750.222.

Case Law

Schmitt v Wright, 317 Ill App 384, 46 NE2d 184 (1943).

Chapter 11. Weapons

Page 11-42 Michigan Model Criminal Jury Instructions

M Crim JI 11.33 Definition of Offer to Sell

Under this law, to offer to sell means to offer to transfer possession, give, or loan to someone else. It does not matter

whether what is offered has any value or whether anything is to be received in exchange.

Use Note

This definition is to be used only with the weapons statute.

History

M Crim JI 11.33 (formerly CJI2d 11.33) was CJI 11:8:04.

Reference Guide

Statutes

MCL 28.421, 750.222.

Case Law

Schmitt v Wright, 317 Ill App 384, 46 NE2d 184 (1943).

Page 11-43 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.34 Possession of Firearm at Time of Commission or Attempted

Commission of Felony (Felony Firearm)

(1) The defendant is also charged with the separate crime of possessing a firearm at the time [he / she] committed

[or attempted to commit]

the crime of ___________________.

(2) To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(3) First, that the defendant committed [or attempted to commit] the crime of

_________________________________________, which has been defined for you. It is not necessary,

however, that the defendant be convicted of that crime.

(4) Second, that at the time the defendant committed [or attempted to commit] that crime [he / she] knowingly

carried or possessed a firearm.

[Use any of the following paragraphs when factually appropriate:]

[(5) This charge includes possession of a firearm during either a completed crime or an attempted crime. An attempt

has two elements. First, the defendant must have intended to commit the crime of

_____________________________. Second, the defendant must have taken some action toward committing

the alleged crime, but failed to complete the crime. It is not enough to prove that the defendant made

preparations for committing the crime. Things like planning the crime or arranging how it will be committed are

just preparations; they do not qualify as an attempt. In order to qualify as an attempt, the action must go beyond

mere preparation, to the point where the crime would have been completed if it had not been interrupted by

outside circumstances. To qualify as an attempt, the act must clearly and directly be related to the crime the

defendant is charged with attempting and not some other objective.]

[(6) It does not matter whether or not the firearm was capable of firing a projectile or whether it was loaded.]

[(7) A firearm includes any weapon which will, or is designed to, or may readily be converted to expel a projectile

by action of an explosive.]

[(8) A pistol is a firearm.]

Use Note

Note that the statute states “felony” but explicitly excludes the felonies of carrying a concealed weapon, MCL

750.227, unlawful possession of a pistol by a licensee, MCL 750.227a, or altering firearms identification numbers,

MCL 750.230. Do not use this instruction when these are the felonies charged.

Attempt is part of the statutory definition of this offense, rather than a lesser included offense. When factually

appropriate or requested, include attempt language in paragraphs (1), (3), and (4), and give (5) in its entirety.

Any attempt to commit an offense is a specific intent crime. See People v Langworthy, 416 Mich 630, 644-645,

Chapter 11. Weapons

Page 11-44 Michigan Model Criminal Jury Instructions

331 NW2d 171 (1982), and People v Joeseype Johnson, 407 Mich 196, 239, 284 NW2d 718 (1979) (opinion of

Levin, J.).

The prosecutor need not prove that the firearm was operable. People v Peals, 476 Mich 636, 720 NW2d 196

(2006).

History

M Crim JI 11.34 (formerly CJI2d 11.34) was CJI 11:9:01; amended November, 1990; May 2016 (pending public

comment); January 2017.

Reference Guide

Statutes

MCL 8.3t, 750.227b.

Case Law

People v Peals, 476 Mich 636, 656, 720 NW2d 196 (2006); People v Burgenmeyer, 461 Mich 431, 606 NW2d 645

(2000); People v Hill, 433 Mich 464, 446 NW2d 140 (1989); Wayne County Prosecutor v Recorder’s Court Judge,

406 Mich 374, 397-398, 280 NW2d 793 (1979); People v Goree, 296 Mich App 293, 819 NW2d 82 (2012); People

v Brooks, 135 Mich App 193, 353 NW2d 118 (1984); People v Prather, 121 Mich App 324, 328 NW2d 556 (1982);

People v Perry, 119 Mich App 98, 326 NW2d 437 (1982); People v Gee, 97 Mich App 422, 296 NW2d 52 (1980);

People v Elowe, 85 Mich App 744, 272 NW2d 596 (1978); People v Humphrey, 312 Mich App 309 (2015).

Page 11-45 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.34a Using Pneumatic Gun in Furtherance of Commission or Attempted

Commission of Felony (Felony Firearm)

(1) The defendant is also charged with the separate crime of using a pneumatic gun while committing [or attempting

to commit]

the crime of ___________________.

(2) To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(3) First, that the defendant committed [or attempted to commit] the crime of

_________________________________________, which has been defined for you. It is not necessary,

however, that the defendant be convicted of that crime.

(4) Second, that at the time the defendant committed [or attempted to commit] that crime [he / she] used a pneumatic

gun to further the commission of [or attempt to commit] that crime. A pneumatic gun is any implement, designed

as a gun, that will expel a BB or pellet by spring, gas, or air [such as a paintball gun that expels by gas or air

pressure plastic balls filled with paint for the purpose of marking the point of impact].

[Use any of the following paragraphs when factually appropriate:]

[(5) This charge includes use of a pneumatic gun in furtherance of either a completed crime or an attempted crime.

An attempt has two elements. First, the defendant must have intended to commit the crime of

_______________________. Second, the defendant must have taken some action toward committing the

alleged crime, but failed to complete the crime. It is not enough to prove that the defendant made preparations

for committing the crime. Things like planning the crime or arranging how it will be committed are just

preparations; they do not qualify as an attempt. In order to qualify as an attempt, the action must go beyond mere

preparation, to the point where the crime would have been completed if it had not been interrupted by outside

circumstances. To qualify as an attempt, the act must clearly and directly be related to the crime the defendant

is charged with attempting and not some other objective.]

[(6) It does not matter whether or not the pneumatic gun was capable of firing a projectile or whether it was loaded.]

Use Note

Note that the statute states “felony” but explicitly excludes the felonies of selling firearms/ammunition illegally,

MCL 750.223, carrying a concealed weapon, MCL 750.227, unlawful possession of a pistol by a licensee, MCL

750.227a, and altering firearms identification numbers, MCL 750.230. Do not use this instruction when these are

the felonies charged.

Attempt is part of the statutory definition of this offense, rather than a lesser included offense. When factually

appropriate or requested, include attempt language in paragraphs (1), (3), and (4), and give (5) in its entirety.

Any attempt to commit an offense is a specific intent crime. See People v Langworthy, 416 Mich 630, 644-645,

331 NW2d 171 (1982), and People v Joeseype Johnson, 407 Mich 196, 239, 284 NW2d 718 (1979) (opinion of

Levin, J.).

Chapter 11. Weapons

Page 11-46 Michigan Model Criminal Jury Instructions

History

M Crim JI 11.34a was added in May 2016 (pending public comment) and adopted with changes in January 2017.

Page 11-47 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.34b Felony Firearm-Possession

Possession does not necessarily mean ownership. Possession means that either:

(1)the person has actual physical control of the thing as I do with the pen I am now holding, or

(2)the person knows the location of the firearm and has reasonable access to it.

Possession may be sole where one person alone possesses the firearm. Possession may be joint where two or more

people share possession.

History

M Crim JI 11.34b (formerly CJI2d 11.34a) was adopted in May 2012.

Reference Guide

Case Law

People v Hill, 433 Mich 464, 446 NW2d 140 (1989); People v Williams, 212 Mich App 607, 538 NW2d 89 (1995).

Chapter 11. Weapons

Page 11-48 Michigan Model Criminal Jury Instructions

M Crim JI 11.34c Felony Firearm-Self-Defense

(1) An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force

may use deadly force against another individual anywhere he or she has the legal right to be, with no duty to

retreat, if either of the following applies:

(a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the

imminent death of or imminent great bodily harm to himself or herself or to another individual.

(b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the

imminent sexual assault of himself or herself or of another individual.

(2) An individual who has not or is not engaged in the commission of a crime at the time he or she used force other

than deadly force may use force other than deadly force against another individual anywhere he or she has the

legal right to be, with no duty to retreat, if he or she honestly and reasonably believes that the use of that force

is necessary to defend himself or herself or another individual from the imminent unlawful use of force by

another individual.

History

M Crim JI 11.34c (formerly CJI2d 11.34b) was adopted in May 2012.

Reference Guide

Case Law

People v Goree, 296 Mich App 293, 819 NW2d 82 (2012).

Page 11-49 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.35 Aiding and Abetting Felony Firearm: Direct Participation [DELETED]

Note: This instruction was deleted by the committee in October, 2004. In People v Johnson, 411 Mich 50, 303

NW2d 442 (1981), the supreme court held that to be guilty of aiding and abetting felony-firearm one must aid

another in obtaining or retaining possession of a firearm. In People v Moore, 470 Mich 56, 679 NW2d 41 (2004),

cert denied, 543 US 947 (2004), the supreme court overruled Johnson and held that the broader test of aiding and

abetting found in MCL 767.39 controls in felony-firearm prosecutions. Under Moore and the statute, the question

becomes “whether the defendant’s words or deeds ‘procure[d], counsel[ed], aid[ed], or abet[ted]’ another to carry

or have in his possession a firearm during the commission or attempted commission of a felony-firearm offense.”

470 Mich 59 (footnote omitted). Since “aiding and abetting felony-firearm should be no different from aiding and

abetting the commission of any other offense,” 470 Mich 67, the standard aiding and abetting instruction should be

used rather than this more restrictive instruction that was patterned after Johnson’s now-discredited holding. 470

Mich 56, 73-74.

The standard aiding and abetting instruction is M Crim JI 8.1.

Chapter 11. Weapons

Page 11-50 Michigan Model Criminal Jury Instructions

M Crim JI 11.36 Aiding and Abetting Felony Firearm: Indirect Participation

[DELETED]

Note: This instruction was deleted by the committee in October, 2004. In People v Johnson, 411 Mich 50, 303

NW2d 442 (1981), the supreme court held that to be guilty of aiding and abetting felony-firearm one must aid

another in obtaining or retaining possession of a firearm. In People v Moore, 470 Mich 56, 679 NW2d 41, cert

denied, 543 US 947 (2004), the supreme court overruled Johnson and held that the broader test of aiding and abetting

found in MCL 767.39 controls in felony-firearm prosecutions. Under Moore and the statute, the question becomes

“whether the defendant’s words or deeds ‘procure[d], counsel[ed], aid[ed], or abet[ted]’ another to carry or have in

his possession a firearm during the commission or attempted commission of a felony-firearm offense.” 470 Mich 59

(footnote omitted). Since “aiding and abetting felony-firearm should be no different from aiding and abetting the

commission of any other offense,” 470 Mich 67, the standard aiding and abetting instruction should be used rather

than this more restrictive instruction that was patterned after Johnson’s now-discredited holding. 470 Mich 56, 73-

74.

The standard aiding and abetting instruction is M Crim JI 8.1.

Page 11-51 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.37 Discharge of a Firearm from Motor Vehicle

(1) The defendant is charged with intentionally discharging a firearm from a motor vehicle. To prove this charge,

the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant discharged a firearm.

(3) Second, that [he / she] did so intentionally, that is, on purpose.

(4) Third, that [he / she] did so from a [motor vehicle / snowmobile / off-road vehicle].

(5) Fourth, that [he / she] discharged the firearm in a way that [endangered someone else / caused physical injury

to (name complainant) / caused serious impairment of a body function to (name complainant) / caused the death

of (name complainant)].

[Use (6) where it is alleged that the complainant suffered serious impairment of a body function:]

(6) 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 the use of a foot, hand, finger, or thumb.

(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.

Use Note

Firearm is defined in MCL 28.421(1)(c) and MCL 750.222(e).

The definition of motor vehicle may be found at MCL 257.33.

Chapter 11. Weapons

Page 11-52 Michigan Model Criminal Jury Instructions

MCL 750.234a(5)(b) references MCL 257.58c for the definition of serious impairment of a body function.

This charge does not apply to a peace officer in the performance of the officer’s duties, whether the officer was on

or off his or her scheduled work shift. MCL 750.234a(2)(a).

Self-defense or defense of others is a defense to this charge. MCL 750.234a(2)(b). Appropriate instructions from M

Crim JI 7.15 through 7.24 must be given where such a defense is raised.

History

M Crim JI 11.37 (formerly CJI2d 11.37) new June 1991. Amended March 2016.

Reference Guide

Statutes

MCL 750.234a-.234c.

Page 11-53 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.37a Discharge of a Firearm at a Building

(1) The defendant is charged with intentionally discharging a firearm at a dwelling or potentially occupied structure.

To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant discharged a firearm.

(3) Second, that [he / she] did so intentionally, that is, on purpose.

(4) Third, that [he / she] discharged the firearm at a building that [he / she] had reason to believe was either a

dwelling or a potentially occupied structure.

A dwelling is a building where people usually live. It does not matter whether or not someone was actually in

the building at the time.

A potentially occupied structure is a building that a reasonable person knows or should know was likely to be

occupied by one or more persons due to its nature, function, or location. It does not matter whether a person

was actually present in the structure.

[Select from paragraphs (5) through (7) where one of the following aggravating factors has been charged:]

(5) Fourth, that when the defendant discharged the firearm [he / she] caused the death of [name complainant].

(6) Fourth, that when the defendant discharged the firearm [he / she] caused serious impairment of a body function

to [name complainant].

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.

(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.

Chapter 11. Weapons

Page 11-54 Michigan Model Criminal Jury Instructions

(j) Loss of an organ.

(7) Fourth, that, when the defendant discharged the firearm, [he / she] caused physical injury to [name complainant]

[not amounting to serious impairment of a body function

Use Note

1. Firearm is defined in MCL 28.421(1)(c) and MCL 750.222(e).

2. MCL 750.234b(10)(d) references MCL 257.58c for the definition of serious impairment of a body function.

3. Use this language only when there is a dispute over the level of injury, and the jury is considering the lesser

offense that the defendant caused a “physical injury,” rather than a “serious impairment of a body function.”

This charge does not apply to a peace officer in the performance of his or her duties. MCL 750.234b(6).

Self-defense or defense of others is a defense to this charge. MCL 750.234b(7). Appropriate instructions from M

Crim JI 7.15 through 7.24 must be given where such a defense is raised.

History

M Crim JI 11.37a new March 2016.

Reference Guide

Statutes

MCL 750.234a-.234c.

Page 11-55 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.37b Discharge of a Firearm in a Building

(1) The defendant is charged with intentionally discharging a firearm in a dwelling or potentially occupied structure.

To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant discharged a firearm.

(3) Second, that [he / she] did so intentionally, that is, on purpose.

(4) Third, that [he / she] discharged the firearm in a building that [he / she] had reason to believe was either a

dwelling or a potentially occupied structure.

A dwelling is a building where people usually live. It does not matter whether or not someone was actually in

the building at the time.

A potentially occupied structure is a building that a reasonable person knows or should know was likely to be

occupied by one or more persons due to its nature, function, or location. It does not matter whether a person

was actually present in the structure.

(5) Fourth, that the defendant acted with reckless disregard for the safety of other persons.

[Select from paragraphs (6) through (8) where one of the following aggravating factors has been charged:]

(6) Fifth, that when the defendant discharged the firearm [he / she] caused the death of [name complainant].

(7) Fifth, that when the defendant discharged the firearm [he / she] caused serious impairment of a body function

to [name complainant].

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.

(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.

Chapter 11. Weapons

Page 11-56 Michigan Model Criminal Jury Instructions

(i) Subdural hemorrhage or subdural hematoma.

(j) Loss of an organ.

(8) Fifth, that when the defendant discharged the firearm, [he / she] caused physical injury to [name complainant]

[not amounting to serious impairment of a body function

Use Note

1. Firearm is defined in MCL 28.421(1)(c) and MCL 750.222(e).

2. MCL 750.234b(10)(d) references MCL 257.58c for the definition of serious impairment of a body function.

3. Use this language only when there is a dispute over the level of injury, and the jury is considering the lesser

offense that the defendant caused a “physical injury,” rather than a “serious impairment of a body function.”

This charge does not apply to a peace officer in the performance of his or her duties. MCL 750.234b(6).

Self-defense or defense of others is a defense to this charge. MCL 750.234b(7). Appropriate instructions from M

Crim JI 7.15 through 7.24 must be given where such a defense is raised.

History

M Crim JI 11.37b new March 2016.

Reference Guide

Statutes

MCL 750.234a-.234c.

Page 11-57 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

M Crim JI 11.37c Discharge of a Firearm at a Police or Emergency Vehicle

(1) The defendant is charged with intentionally discharging a firearm at an emergency or law enforcement vehicle.

To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant discharged a firearm.

(3) Second, that [he / she] did so intentionally, that is, on purpose.

(4) Third, that [he / she] discharged the firearm at a motor vehicle that [he / she] knew or had reason to believe was

an emergency or law enforcement vehicle.

Use Note

Firearm is defined in MCL 28.421(1)(c) and MCL 750.222(e).

The definition of emergency or law enforcement vehicle can be found in MCL 750.234c(2).

History

M Crim JI 11.37c new March 2016.

Reference Guide

Statutes

MCL 750.234a-.234c.

Chapter 11. Weapons

Page 11-58 Michigan Model Criminal Jury Instructions

M Crim JI 11.38 Felon Possessing Firearm: Nonspecified Felony

The defendant is charged with possession of [a firearm / ammunition] after having been convicted of a felony. To

prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(1) First, that the defendant knowingly [possessed / used / transported / sold / distributed / received / carried /

shipped / purchased

] [a firearm / ammunition

] in this state.

(2) Second, at that time, the defendant had previously been convicted of [name felony].

[Use the following paragraph only if the defendant offers some evidence that more than three years has passed since

completion of the sentence on the underlying offense.]

(3) Third, that less than three years had passed since [all fines were paid / all imprisonment was served / all terms

of (probation / parole) were successfully completed].

Use Note

1. “Purchase” of ammunition is not barred under the statute.

2. “Ammunition” is defined in MCL 750.224f(9)(a) as “any projectile that, in its current state, may be propelled

from a firearm by an explosive.”

3. The prosecutor need not prove that the firearm was “operable.” People v Peals, 476 Mich 636, 656, 720 NW2d

196 (2006).

4. The judge, not the jury, determines whether the charged prior felony is a “felony” as defined in MCL

750.224f(9)(b), or a more serious “specified felony” as defined in MCL 750.224f(10). The jury determines whether

the defendant has in fact been convicted of that charged prior felony. For prosecutions involving a “specified felony”

use M Crim JI 11.38a. The defendant may stipulate that he was convicted of a felony to avoid the court identifying

that specific felony and the prosecutor offering proof of that felony. See People v Swint, 225 Mich App 353 (1997),

citing Old Chief v United States, 519 US 172 (1997).

5. The judge’s determination of the character of the felony as explained in Use Note 4 will determine whether the

prohibition extends for three years or five years. Under subsection (1) of the statute, the three-year period applies to

crimes defined in subsection (9)(b) as felonies; under subsection (2), the five-year ban applies to crimes defined as

“specified” felonies in subsection (10).

History

M Crim JI 11.38 (formerly CJI2d 11.38) was added in October, 1993 when MCL 750.224f was enacted. The

instruction was amended by the Committee in September, 2001, in conjunction with the adoption of M Crim JI

11.38a, to separate the “felony” and “specified felony” versions of the offense. The possession of ammunition by

Page 11-59 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

felons was barred in a May 2014 statutory amendment. Amended September 2005, March 2014 and January 2016.

Amended September 2019 to add that possession must be “knowing” in accord with instructions for felony-firearm

charges under MCL 750.227b.

Reference Guide

Statutes

MCL 750.224f.

Case Law

Old Chief v United States, 519 US 172 (1997); People v Dupree, 486 Mich 693, 788 NW2d 399 (2010); People v

Peals, 476 Mich 636, 656, 720 NW2d 196 (2006); People v Perkins, 473 Mich 626, 640, 703 NW2d 448 (2005)

(affirming People v Perkins, 262 Mich App 267, 686 NW2d 237 (2004)); People v Henderson, 391 Mich 612, 218

NW2d 2 (1974); People v Brown, 249 Mich App 382, 642 NW2d 382 (2002); People v Swint, 225 Mich App 353,

379, 572 NW2d 666 (1997); People v Tice, 220 Mich App 47, 53-55, 558 NW2d 245 (1996).

Chapter 11. Weapons

Page 11-60 Michigan Model Criminal Jury Instructions

M Crim JI 11.38a Felon Possessing Firearm: Specified Felony

The defendant is charged with possession of [a firearm / ammunition] after having been convicted of a specified

felony. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(1) First, that the defendant knowingly [possessed / used / sold / distributed / received/ carried / shipped / transported

/ purchased

] [a firearm / ammunition

] in this state.

(1) Second, at that time, the defendant had previously been convicted of [name specified felony].

[Use the following paragraphs only if the defendant offers some evidence that more than five years has passed since

completion of the sentence on the underlying offense and that his or her firearm rights have been restored, MCL

28.424.]

(2) Third, that less than five years had passed since [all fines were paid / all imprisonment was served / all terms of

(probation / parole) were successfully completed].

(3) Fourth, that the defendant’s right to [possess / use / transport / sell / receive] [a firearm / ammunition] has not

been restored pursuant to Michigan law.

Use Note

1. “Purchase” of ammunition is not barred under the statute.

2. “Ammunition” is defined in MCL 750.224f(9)(a) as “any projectile that, in its current state, may be propelled

from a firearm by an explosive.”

3. The prosecutor need not prove that the firearm was “operable.” People v Peals, 476 Mich 636, 656, 720 NW2d

196 (2006).

4. The judge, not the jury, determines whether the charged prior felony is a “felony” as defined in MCL

750.224f(9)(b), or a more serious “specified felony” as defined in MCL 750.224f(10). The jury determines whether

the defendant has in fact been convicted of that charged prior felony. For prosecutions involving a “nonspecified

felony” use M Crim JI 11.38 The defendant may stipulate that he was convicted of a felony to avoid the court

identifying that specific felony and the prosecutor offering proof of that felony. See People v Swint, 225 Mich App

353 (1997), citing Old Chief v United States, 519 US 172 (1997). .

5. The judge’s determination of the character of the felony as explained in Use Note 4 will determine whether the

prohibition extends for three years or five years. Under subsection (1) of the statute, the three-year period applies to

crimes defined in subsection (9)(b) as felonies; under subsection (2), the five-year ban applies to crimes defined as

“specified” felonies in subsection (10).

6. This paragraph is to be given when the court determines that some evidence relating to restoration was admitted

at trial. See People v Henderson, 391 Mich 612, 218 NW2d 2 (1974), addressing the burden of going forward and

Page 11-61 Michigan Model Criminal Jury Instructions

Chapter 11. Weapons

the burden of proof where a defendant submits evidence that he or she was licensed to carry a concealed weapon.

History

This instruction was adopted by the committee in September, 2001 to separate the “specified felony” offense from

the “felony” offense and to incorporate prosecutions under the former theory predicated upon the defendant’s failure

to secure restoration of his or her firearm rights. The possession of ammunition by felons was barred in a May 2014

statutory amendment. Amended September 2005, March 2014 and January 2016. Amended September 2019 to add

that possession must be “knowing” in accord with instructions for felony-firearm charges under MCL 750.227b.

Reference Guide

Statutes

MCL 750.224f.

Case Law

People v Peals, 476 Mich 636, 656, 720 NW2d 196 (2006); People v Henderson, 391 Mich 612, 218 NW2d 2

(1974).

Chapter 11. Weapons

Page 11-62 Michigan Model Criminal Jury Instructions

The following instructions have been renumbered and moved to new Chapter 39

entitled “Explosives and Harmful Substances.”

M Crim JI 11.39 Explosives - Sending [Renumbered to M Crim JI 39.1]

M Crim JI 11.39a Explosives - Placing [Renumbered to M Crim JI 39.1a]

M Crim JI 11.39b Explosives - False Bomb [Renumbered to M Crim JI 39.1b]

M Crim JI 11.40 Harmful Substances - Unlawful Acts [Renumbered to M Crim JI 39.2]

M Crim JI 11.40a Harmful Substances - False Statement of Exposure [Renumbered to M Crim JI 39.2a]

M Crim JI 11.40b Imitation Harmful Substance or Device [Renumbered to M Crim JI 39.2b]

M Crim JI 11.41 Chemical Irritants - Unlawful Acts [Renumbered to M Crim JI 39.3]

M Crim JI 11.42 Offensive or Injurious Substances - Placement with Intent to Injure [Renumbered to M Crim JI

39.4]

M Crim JI 11.42a Offensive or Injurious Substances - Placement with Intent to Annoy [Renumbered to M Crim JI

39.4a]

M Crim JI 11.43 Carrying or Possessing Explosive or Combustible Substances with Intent to Damage Property or

to Frighten, Injure, or Kill a Person [Renumbered to M Crim JI 39.5]

M Crim JI 11.43a Possessing Explosive Substance or Device in a Public Place [Renumbered to M Crim JI 39.5a]

M Crim JI 11.44 Manufacturing, Buying, Selling, Furnishing, or Possessing Molotov Cocktails

M Crim JI 11.44a Manufacturing, Buying, Selling, Furnishing, or Possessing an Incendiary Explosive Device with

Intent to Damage Property or to Frighten, Injure, or Kill a Person [Renumbered to M Crim JI 39.6a]

Page 12-1 Michigan Model Criminal Jury Instructions

CHAPTER 12 Controlled Substances

M Crim JI 12.1 Unlawful Manufacture of a Controlled Substance ................................................................................. 12-2

M Crim JI 12.1a Owning, Possessing or Using Vehicles, Buildings, Structures or Areas Used for Manufacturing

Controlled Substances .................................................................................................................................................... 12-4

M Crim JI 12.1b Owning or Possessing Chemicals or Laboratory Equipment for Manufacturing Controlled

Substances...................................................................................................................................................................... 12-6

M Crim JI 12.1c Providing Chemicals or Laboratory Equipment for Manufacturing Controlled Substances ................. 12-8

M Crim JI 12.2 Unlawful Delivery of a Controlled Substance ....................................................................................... 12-10

M Crim JI 12.2a Delivery of a Controlled Substance Causing Death............................................................................. 12-12

M Crim JI 12.2b Unlawful Delivery of Controlled Substances or Gamma-butyrolactone to Commit Criminal Sexual

Conduct ........................................................................................................................................................................ 12-13

M Crim JI 12.3 Unlawful Possession of a Controlled Substance with Intent to Deliver................................................ 12-14

M Crim JI 12.4 Defendant Is a Practitioner or an Agent ............................................................................................... 12-15

M Crim JI 12.4a Exception to or Exemption from Controlled Substances Act.............................................................. 12-16

M Crim JI 12.5 Unlawful Possession of a Controlled Substance................................................................................... 12-17

M Crim JI 12.6 Unlawful Use of a Controlled Substance .............................................................................................. 12-19

M Crim JI 12.7 Meaning of Possession ......................................................................................................................... 12-20

M Crim JI 12.8 Maintaining a Drug House .................................................................................................................... 12-21

M Crim JI 12.9 Medical Marijuana Affirmative Defense............................................................................................... 12-22

M Crim JI 12.10 Illegal Sale or Disposition of Untaxed Cigarettes................................................................................ 12-24

M Crim JI 12.10a Illegal Possession or Transportation of Untaxed Cigarettes ............................................................. 12-25

M Crim JI 12.10b Making, Possessing, or Using an Unauthorized Michigan Department of Treasury Tobacco

Tax Stamp ..................................................................................................................................................................... 12-26

M Crim JI 12.10c Illegally Purchasing or Obtaining a Michigan Department of Treasury Tobacco Tax Stamp ............ 12-27

M Crim JI 12.10d Falsifying a Tobacco Manufacturer’s Label....................................................................................... 12-28

M Crim JI 12.10e Making or Possessing a False License to Purchase or Sell Tobacco Products as a Retailer or

Wholesaler.................................................................................................................................................................... 12-29

Chapter 12. Controlled Substances

Page 12-2 Michigan Model Criminal Jury Instructions

M Crim JI 12.1 Unlawful Manufacture of a Controlled Substance

(1) The defendant is charged with the crime of illegally manufacturing [(state weight) of a mixture containing]

controlled substance, ______________________. Manufacturing means producing or processing a controlled

substance. It is alleged in this case that the defendant manufactured _________________________________

by [list specific acts].

To prove this charge, the prosecutor must prove each of the following elements beyond

a reasonable doubt:

(2) First, that the defendant manufactured a controlled substance.

(3) Second, that the substance manufactured was _______________________.

(4) Third, that the defendant knew [he / she] was manufacturing _______________.

[(5) Fourth, that the substance was in a mixture that weighed (state weight).]

[(6) Fifth, that the defendant was not legally authorized to manufacture this substance.]

[(7) Sixth, that the defendant was not (preparing / compounding) this substance for (his / her) own use.]

Use Note

Use the bracketed portion when the controlled substance is a narcotic drug classified in Schedule 1 or 2, or a

cocaine-related substance as found in MCL 333.7214(a)(iv).

Such specific acts of manufacturing may include extraction from natural substances, chemical synthesis,

packaging or repackaging the substance, or labeling or relabeling the container.

This paragraph should be given only when the defense has presented some competent evidence beyond a mere

assertion that the defendant was authorized to possess the substance. If the defense presents such evidence, the

prosecution must prove lack of authorization beyond a reasonable doubt. People v Pegenau, 447 Mich 278, 523

NW2d 325 (1994).

This paragraph should be given only if some evidence has been presented that the defendant prepared or

compounded the substance for his or her own use.

History

M Crim JI 12.1 (formerly CJI2d 12.1) was CJI 12:2:00, 12:2:01, 12:2:02; amended June 1991.

Reference Guide

Statutes

Page 12-3 Michigan Model Criminal Jury Instructions

Chapter 12. Controlled Substances

MCL 333.7106(2).

Case Law

People v Marion, 250 Mich App 446, 617 NW2d 521 (2002); People v Hunter, 201 Mich App 671, 506 NW2d 611

(1993); People v Barajas, 198 Mich App 551, 499 NW2d 396 (1993), aff'd, 444 Mich 556, 557, 513 NW2d 772

(1994); People v Pearson, 157 Mich App 68, 72, 403 NW2d 498 (1987); People v Velasquez, 125 Mich App 1, 335

NW2d 705 (1983); People v Puertas, 122 Mich App 626, 332 NW2d 399 (1983); People v Stahl, 110 Mich App

757, 313 NW2d 103 (1981).

Chapter 12. Controlled Substances

Page 12-4 Michigan Model Criminal Jury Instructions

M Crim JI 12.1a Owning, Possessing or Using Vehicles, Buildings, Structures or Areas

Used for Manufacturing Controlled Substances

(1) The defendant is charged with the crime of owning, possessing, or using [a vehicle / a building / a structure / an

area / a place] as a location for manufacturing [identify controlled substance]. To prove this charge, the

prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant [owned / possessed / used] [describe property], [a vehicle / a building / a structure / an

area / a place].

(3) Second, that the property was used to manufacture [identify controlled substance].

(4) Third, that the defendant knew or had reason to know that the [vehicle / building / structure / area / place] was

used to manufacture [identify controlled substance].

[Select that which has been charged:]

(5) Fourth, that a person less than 18 years old was present at the time.

(6) Fourth, that hazardous waste

was [generated / treated / stored / disposed].

(7) Fourth, that the violation occurred within 500 feet of [a residence / a business / a church

/ school property

(8) Fourth, that the alleged violation involved the [possession / placement / use] of a [firearm / device designed or

intended to injure a person].

(9) Fourth, that the controlled substance was methamphetamine.

Use Note

The jury may be instructed on the definition of “manufacture,” which can be found in MCL 333.7401c(7)(c).

Knowingly owning, possessing, or using the described property is a 10-year offense. MCL 333.7401c(2)(a).

Various aggravating factors increase the maximum term of imprisonment. Blakely v Washington, 542 US 296; 124

S Ct 2531; 159 L Ed 2d 403 (2004), requires that factors that increase a maximum sentence be charged and proved

beyond a reasonable doubt. If there are multiple aggravating factors, they will be charged in separate counts. Where

applicable, provide the appropriate instruction for the charged offense in each count.

MCL 333.7401c(2)(b).

If appropriate, the jury should be instructed on the definition of “hazardous waste,” as provided in MCL

333.7401c(7)(a), which incorporates the definition found in MCL 324.11103.

MCL 333.7401c(2)(c).

Page 12-5 Michigan Model Criminal Jury Instructions

Chapter 12. Controlled Substances

The statute references “or other house of worship” in MCL 333.7401c(2)(d); appropriate terminology

may be substituted.

MCL 333.7401c(7)(f) incorporates MCL 333.7410 for the definition of “school property.”

MCL 333.7401c(2)(d).

MCL 333.7401c(2)(e).

MCL 333.7401c(2)(f).

History

Adopted January 2016.

Reference

MCL 333.7401c.

Chapter 12. Controlled Substances

Page 12-6 Michigan Model Criminal Jury Instructions

M Crim JI 12.1b Owning or Possessing Chemicals or Laboratory Equipment for

Manufacturing Controlled Substances

(1) The defendant is charged with the crime of owning or possessing [chemicals / laboratory equipment] for use in

manufacturing a controlled substance. To prove this charge, the prosecutor must prove each of the following

elements beyond a reasonable doubt:

(2) First, that the defendant [owned / possessed] [a chemical / laboratory equipment

[Select (3) where methamphetamine is the controlled substance, and do not instruct from (4) or (5). Select (4) where

some other controlled substance is involved, and (5) where appropriate.]

(3) Second, that the defendant knew or had reason to know that the [chemical / laboratory equipment] was going to

be used to manufacture

methamphetamine.

(4) Second, that the defendant knew or had reason to know that the [chemical / laboratory equipment] was going to

be used to manufacture a controlled substance.

(5) Third, that [Select that which has been charged:]

(a) a person less than 18 years old was present at the time.

(b) hazardous waste

was [generated / treated / stored / disposed].

/ school property

(d) the alleged violation involved the [possession / placement / use] of a [firearm / device designed or intended

to injure a person].

Use Note

Where the charged offense involves methamphetamine and paragraph (3) is used, do not instruct on paragraphs (4)

or (5).

“Laboratory equipment” is defined in MCL 333.7401c(7)(b).

The jury may be instructed on the definition of “manufacture,” which may be found in MCL 333.7401c(7)(c).

MCL 333.7401c(2)(f).

Knowingly owning or possessing the described chemicals or equipment is a 10-year offense. MCL

333.7401c(2)(a). Various aggravating factors increase the maximum term of imprisonment. Blakely v

Page 12-7 Michigan Model Criminal Jury Instructions

Chapter 12. Controlled Substances

Washington, 542 US 296; 124 S Ct 2531; 159 L Ed 2d 403 (2004), requires that factors that increase a maximum

sentence be charged and proved beyond a reasonable doubt. If there are multiple aggravating factors, they will be

charged in separate counts. Where applicable, provide the appropriate instruction for the charged offense in each

count.

MCL 333.7401c(2)(b).

If appropriate, the jury should be instructed on the definition of “hazardous waste,” as provided in MCL

333.7401c(7)(a), which incorporates the definition found in MCL 324.11103.

MCL 333.7401c(2)(c).

The statute references “or other house of worship” in MCL 333.7401c(2)(d); appropriate terminology may be

substituted.

MCL 333.7401c(7)(f) incorporates MCL 333.7410 for the definition of “school property.”

MCL 333.7401c(2)(d).

MCL 333.7401c(2)(e).

History

Adopted January 2016; amended July 2017.

Reference

MCL 333.7401c.

Chapter 12. Controlled Substances

Page 12-8 Michigan Model Criminal Jury Instructions

M Crim JI 12.1c Providing Chemicals or Laboratory Equipment for Manufacturing

Controlled Substances

(1) The defendant is charged with the crime of providing [chemicals / laboratory equipment] to another person for

use in manufacturing [identify controlled substance]. To prove this charge, the prosecutor must prove each of

the following elements beyond a reasonable doubt:

(2) First, that the defendant provided [a chemical / laboratory equipment

] to another person.

(3) Second, that the defendant knew or had reason to know that the [chemical / laboratory equipment] was going to

be used to manufacture [identify controlled substance].

[Select that which has been charged:]

(4) Third, that a person less than 18 years old was present at the time.

(5) Third, that hazardous waste

was [generated / treated / stored / disposed].

(6) Third, that the violation occurred within 500 feet of [a residence / a business / a church

/ school property

(7) Third, that the alleged violation involved the [possession / placement / use] of a [firearm / device designed or

intended to injure a person].

(8) Third, that the controlled substance was methamphetamine.

Use Note

“Laboratory equipment” is defined in MCL 333.7401c(7)(b).

The jury may be instructed on the definition of “manufacture,” which may be found in MCL 333.7401c(7)(c).

Providing the described chemicals or equipment is a 10-year offense. MCL 333.7401c(2)(a). Various aggravating

factors increase the maximum term of imprisonment. Blakely v Washington, 542 US 296; 124 S Ct 2531; 159 L

Ed 2d 403 (2004), requires that factors that increase a maximum sentence be charged and proved beyond a

reasonable doubt. If there are multiple aggravating factors, they will be charged in separate counts. Where

applicable, provide the appropriate instruction for the charged offense in each count.

MCL 333.7401c(2)(b).

If appropriate, the jury should be instructed on the definition of “hazardous waste,” as provided in MCL

333.7401c(7)(a), which incorporates the definition found in MCL 324.11103.

MCL 333.7401c(2)(c).

Page 12-9 Michigan Model Criminal Jury Instructions

Chapter 12. Controlled Substances

The statute references “or other house of worship” in MCL 333.7401c(2)(d); appropriate terminology may be

substituted.

MCL 333.7401c(7)(f) incorporates MCL 333.7410 for the definition of “school property.”

MCL 333.7401c(2)(d).

MCL 333.7401c(2)(e).

MCL 333.7401c(2)(f).

History

Adopted January 2016.

Reference

MCL 333.7401c.

Chapter 12. Controlled Substances

Page 12-10 Michigan Model Criminal Jury Instructions

M Crim JI 12.2 Unlawful Delivery of a Controlled Substance

(1) The defendant is charged with the crime of illegally delivering [(state weight) of a mixture containing] a

controlled substance. To prove this charge, the prosecutor must prove each of the following elements beyond a

reasonable doubt:

(2) First, that the defendant delivered [identify controlled substance].

“Delivery” means that the defendant transferred or attempted to transfer the substance to another person,

knowing that it was a controlled substance and intending to transfer it to that person. [An attempt has two

elements.

First, the defendant must have intended to deliver the substance to someone else.

Second, the defendant must have taken some action toward delivering the substance, but failed to complete the

delivery. It is not enough to prove that the defendant made preparations for delivering the substance. Things like

planning the crime or arranging how it will be committed are just preparations; they do not qualify as an attempt.

In order to qualify as an attempt, the action must go beyond mere preparation, to the point where the crime would

have been completed if it had not been interrupted by outside circumstances. To qualify as an attempt, the act

must clearly and directly be related to the crime the defendant is charged with attempting and not some other

goal.]

(3) Second, that the defendant knew that [he / she] delivered a controlled substance.

[(4) Third, that the controlled substance that the defendant delivered [was in a mixture that] weighed (state weight).]

Use Note

Because the statutory definition of delivery includes actual, constructive, or attempted transfer of a substance,

attempted delivery is not a lesser included offense. MCL 333.7105(1).

McFadden v United States, 576 US ___; 135 S Ct 2298 (2015), held that a prosecutor need not prove that the

defendant intended to deliver any particular controlled substance, only that he or she intended to deliver some

controlled substance.

If the defense presents competent evidence that the defendant was authorized to deliver the substance, the court

should read M Crim JI 12.4a. See People v Robar, 321 Mich App 106, ___NW2d___ (2017).

1. Use bracketed material defining attempt only in cases involving act falling short of completed delivery. Any

attempt is a specific intent crime. People v Joeseype Johnson, 407 Mich 196, 239, 284 NW2d 718 (1979) (opinion

of Levin, J.).

2. This bracketed material should be given where the controlled substance is a narcotic drug classified in Schedule

1 or 2, or a cocaine-related substance as found in MCL 333.7214(a)(iv).

Page 12-11 Michigan Model Criminal Jury Instructions

Chapter 12. Controlled Substances

History

Crim JI 12.2 (formerly CJI2d 12.2) was CJI 12:2:00, 12:2:01, 12:2:03; amended October, 1993; amended

August, 2016. Amended June 2018.

Reference Guide

Statutes

MCL 333.7401,.7105(1),.7214(a)(iv).

Case Law

People v Mass, 464 Mich 615, 628 NW2d 540 (2001); People v Pegenau, 447 Mich 278, 523 NW2d 325 (1994);

People v Steele, 429 Mich 13, 26 n10, 412 NW2d 206 (1987); People v Joeseype Johnson, 407 Mich 196, 239, 284

NW2d 718 (1979); People v Delgado, 404 Mich 76, 86, 273 NW2d 395 (1978); People v Collins, 298 Mich App

458, 828 NW2d 392 (2012); People v Maleski, 220 Mich App 518, 522, 560 NW2d 71 (1996); People v Brown, 163

Mich App 273, 413 NW2d 766 (1987); People v Tate, 134 Mich App 682, 352 NW2d 297 (1984); People v

Williams, 54 Mich App 448, 450, 221 NW2d 204 (1974).

McFadden v United States, 576 US ___; 135 S Ct 2298 (2015).

Chapter 12. Controlled Substances

Page 12-12 Michigan Model Criminal Jury Instructions

M Crim JI 12.2a Delivery of a Controlled Substance Causing Death

(1) The defendant is charged with the crime of delivery of a controlled substance

causing death. To prove this

charge, the prosecution must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant delivered a controlled substance to another person. “Delivery” means that the defendant

transferred the substance to another person knowing that it was a controlled substance and intending to transfer

it to that person.

(3) Second, that the substance delivered was a controlled substance.

(4) Third, that the defendant knew [ he / she ] was delivering a controlled substance.

(5) Fourth, that the controlled substance was consumed by [victim’s name].

(6) Fifth, that consuming the controlled substance caused the death of [victim’s name].

There may be more than one cause of death. The controlled substance delivered by the defendant does not need

to be the sole cause of [victim’s name]’s death. The prosecutor is only required to prove that the controlled

substance was a contributing cause that was a substantial factor in the death of [victim’s name]. It does not

matter if there was another contributing cause to the death.

Use Note

The controlled substance must be a schedule 1 or 2 controlled substance other than marijuana, MCL 750.317a.

History

M Crim JI 12.2a (formerly CJI2d 12.2a) was adopted by the committee in May 2008, for the crime found at MCL

750.317a. Amended February 2019.

Reference Guide

Statutes

MCL 750.317a.

Page 12-13 Michigan Model Criminal Jury Instructions

Chapter 12. Controlled Substances

M Crim JI 12.2b Unlawful Delivery of Controlled Substances or Gamma-butyrolactone

to Commit Criminal Sexual Conduct

(1) The defendant is charged with the crime of delivering [a controlled substance/gamma-butyrolactone] with intent

to commit criminal sexual conduct. To prove this charge, the prosecutor must prove each of the following

elements beyond a reasonable doubt:

(2) First, that the defendant delivered or caused to be delivered [a controlled substance/gamma-butyrolactone] or a

mixture or compound

containing [a controlled substance/gamma-butyrolactone] to [name complainant].

“Delivery” means that the defendant intentionally transferred or attempted to transfer the substance to another

person, or caused that substance to be delivered to another person.

(3) Second, that the defendant knew [he / she] was delivering [a controlled substance/gamma-butyrolactone] or a

mixture or compound containing [a controlled substance/gamma-butyrolactone] to [name complainant] or

causing the substance to be delivered to [him / her].

(4) Third, that [name complainant] did not consent to have [a controlled substance/gamma-butyrolactone] delivered

to [him / her].

(5) Fourth, that when the defendant delivered the substance or caused it to be delivered to [name complainant], the

defendant intended to commit an act of criminal sexual penetration or sexual contact against [name

complainant] or intended to attempt an act of criminal sexual penetration or contact against [name complainant],

or intended to assault [name complainant] with the intent to sexually penetrate or have sexual contact with [him/

her], as I [have described / will describe] [that offense / those offenses] to you.

Use Note

Various statutes, including MCL 333.7401b pertaining to gamma-butyrolactone, provide that “any material,

compound, mixture, or preparation containing” a controlled substance is included within the scope of the

prohibition. The court may opt to use any or all of those terms where appropriate.

Delivery is generally defined in MCL 333.7105(1), and includes “attempted” transfers of a controlled substance.

Generally, the charge of delivering a controlled substance or gamma-butyrolactone under MCL 333.7401a will

accompany a criminal sexual conduct charge or charges, so providing the elements of that charge or those charges

will be sufficient to satisfy this element. However, the language of this element may have to be modified in

instances where an independent count of criminal sexual conduct has not been charged, and the court may have

to provide the elements of one or more criminal sexual conduct offenses.

Chapter 12. Controlled Substances

Page 12-14 Michigan Model Criminal Jury Instructions

M Crim JI 12.3 Unlawful Possession of a Controlled Substance with Intent to Deliver

(1) The defendant is charged with the crime of illegally possessing with intent to deliver [state weight] of a [mixture

containing a] controlled substance. To prove this charge, the prosecutor must prove each of the following

elements beyond a reasonable doubt:

(2) First, that the defendant possessed

[identify controlled substance].

(3) Second, that the defendant knew that [he / she] possessed a controlled substance.

(4) Third, that the defendant intended to deliver the controlled substance to someone else.

(5) [Fourth, that the controlled substance that the defendant intended to deliver [was in a mixture that] weighed

(state weight).]

Use Note

If the defense presents competent evidence that the defendant was authorized to deliver the substance, the court

should read M Crim JI 12.4a. See People v Robar, 321 Mich App 106, ___NW2d___ (2017).

For a definition of possession, see M Crim JI 12.7.

This bracketed material should be given where the controlled substance is a narcotic drug classified in Schedule 1

or 2, or a cocaine-related substance as found in MCL 333.7214(a)(iv).

History

M Crim JI 12.3 (formerly CJI2d 12.3) was CJI 12:2:00, 12:2:01, 12:2:04; amended August, 2016. Amended June

2018.

Reference Guide

Statutes

MCL 333.7401,.7105(1), .7214(a)(iv).

Case Law

People v Konrad, 449 Mich 263, 273, 536 NW2d 517 (1995); People v Pegenau, 447 Mich 278, 523 NW2d 325

(1994); People v Wolfe, 440 Mich 508, 519-520, 489 NW2d 748 (1992); People v Allen, 390 Mich 383, 212 NW2d

21 (1973); People v Harper, 365 Mich 494, 506-507, 113 NW2d 808, 813-814 (1962); cert den, 371 US 930 (1962);

Peterson v Oceana Circuit Judge, 243 Mich 215, 219 NW2d 934 (1928); People v Germaine, 234 Mich 623, 627,

208 NW 705, 706 (1926); People v Johnson, 68 Mich App 697, 243 NW2d 715 (1976). McFadden v United States,

576 US ___; 135 S Ct 2298 (2015).

Page 12-15 Michigan Model Criminal Jury Instructions

Chapter 12. Controlled Substances

M Crim JI 12.4 Defendant Is a Practitioner or an Agent

[Choose (1) or (2):]

[(1)The preparation of a controlled substance by a (state practitioner) in the course of his professional practice or

employment is legal. If you find that the defendant was a (state practitioner) and that he was preparing (list

substance), you must also be convinced beyond a reasonable doubt that he was not doing so in the course of his

professional practice in order to convict him of manufacturing.]

[(2)The preparation of a controlled substance by a pharmacist or physician, or by an authorized agent under the

supervision of a pharmacist or physician, for research, teaching, or chemical analysis and not for sale, is legal. If you

find that the defendant was a pharmacist or physician, or an authorized agent under the supervision of a pharmacist

or physician, and that he was preparing or compounding (list substance), you must also be convinced beyond a

reasonable doubt that he was not doing so in the course of his professional practice in order to convict him of

manufacturing.]

Use Note

This instruction should be given only if some evidence has been presented that the defendant was a practitioner or

agent. People v Wooster, 143 Mich App 513, 515-518, 372 NW2d 353 (1985); People v Bates, 91 Mich App 506,

513-516, 283 NW2d 785 (1979).

History

M Crim JI 12.4 (formerly CJI2d 12.4) was CJI 12:2:05.

Reference Guide

Statutes

MCL 333.7106(2), .7109(3).

Chapter 12. Controlled Substances

Page 12-16 Michigan Model Criminal Jury Instructions

M Crim JI 12.4a Exception to or Exemption from Controlled Substances Act

(1) The defendant has offered evidence that [he / she] [had a valid prescription for / was authorized to (manufacture

/ deliver / possess / use)] [identify the controlled substance charged]. [Describe evidence.]

(2) The defendant has the burden of proving [he / she] [had a valid prescription for / was authorized to (manufacture

/ deliver / possess / use)] [identify the controlled substance charged] by a preponderance of the evidence. This

means that the evidence must persuade you that it is more likely than not that [he / she] [had a valid prescription

for / was authorized to (manufacture / deliver / possess / use)] [identify the controlled substance charged].

(3) If you find that the defendant [had a valid prescription for / was authorized to (manufacture / deliver / possess /

use)] [identify the controlled substance charged], you must find [him / her] not guilty.

(4) If you find that the defendant [did not have a valid prescription for / was not authorized to (manufacture / deliver

/ possess / use)] [identify the controlled substance charged], you must still determine whether the prosecutor has

proved the elements of the charge beyond a reasonable doubt.

Use Note

This instruction must be used if the defense presents competent evidence that the defendant had a valid prescription

for, or was otherwise authorized to manufacture, possess or use, the controlled substance. See People v Robar, 321

Mich App 106, ___NW2d___ (2017).

Prescription possession or use of a controlled substance is excepted from a criminal violation of the Controlled

Substances Act under MCL 333.7403(1) or MCL 333.7404(1), respectively. Exemptions to manufacturing or

delivering controlled substances are found in MCL 333.7303 and 333.7304.

History

Adopted June 2018.

Page 12-17 Michigan Model Criminal Jury Instructions

Chapter 12. Controlled Substances

M Crim JI 12.5 Unlawful Possession of a Controlled Substance

(1) The defendant is charged with the crime of knowingly or intentionally possessing [(state weight) of a mixture

containing] the controlled substance, [identify controlled substance]. To prove this charge, the prosecutor must

prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant possessed

[identify controlled substance].

(3) Second, that the defendant knew that [he / she] possessed a controlled substance.

[(4) Third, that the substance that the defendant possessed [was in a mixture that] weighed (state weight).]

Use Note

If the defense presents competent evidence that the defendant had a valid prescription or was otherwise authorized

to possess the substance, the court should read M Crim JI 12.4a. See People v Robar, 321 Mich App 106,

___NW2d___ (2017).

For a definition of possession, see M Crim JI 12.7.

This bracketed material should be given where the controlled substance is a narcotic drug classified in Schedule 1

or 2, or a cocaine-related substance as found in MCL 333.7214(a)(iv).

History

M Crim JI 12.5 (formerly CJI2d 12.5) was CJI 12:3:00-12:3:01; amended October, 1993; amended August, 2016.

Amended, May 2018.

Reference Guide

Statutes

MCL 333.7403, .7214(a)(iv), .26424, .26427, .26428.

Case Law

State v McQueen, 493 Mich 135, 828 NW2d 644 (2013); People v Kolanek, 491 Mich 382, 817 NW2d 528 (2012);

People v Pegenau, 447 Mich 278, 523 NW2d 325 (1994); People v Allen, 390 Mich 383, 212 NW2d 21 (1973);

People v Harper, 365 Mich 494, 506-507, 113 NW2d 808, 813-814 (1962); cert den, 371 US 930 (1962); Peterson

v Oceana Circuit Judge, 243 Mich 215; 219 NW 934 (1928); People v Germaine, 234 Mich 623, 627, 208 NW 705,

706 (1926); People v Redden, 290 Mich App 65, 799 NW2d 184 (2010); People v Binder (On Remand), 215 Mich

App 30, 544 NW2d 714 (1996); People v Puertas, 122 Mich App 626, 332 NW2d 399 (1983); People v Stahl, 110

Mich App 757, 313 NW2d 103 (1981); People v Delongchamps, 103 Mich App 151, 302 NW2d 626 (1981); People

v Little, 87 Mich App 50, 54-55, 273 NW2d 583 (1978); People v Gould, 61 Mich App 614, 233 NW2d 109 (1975);

Chapter 12. Controlled Substances

Page 12-18 Michigan Model Criminal Jury Instructions

People v Mumford, 60 Mich App 279, 282-283, 230 NW2d 395 (1975); People v Davenport, 39 Mich App 252, 197

NW2d 521 (1972).

Page 12-19 Michigan Model Criminal Jury Instructions

Chapter 12. Controlled Substances

M Crim JI 12.6 Unlawful Use of a Controlled Substance

(1) The defendant is charged with the crime of illegally using a controlled substance, [identify controlled

substance]. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable

doubt:

(2) First, that the defendant used a controlled substance.

(3) Second, that the substance used was [identify controlled substance].

(4) Third, that at the time [he / she] used it, the defendant knew the substance was [identify controlled substance].

Use Note

If the defense presents competent evidence that the defendant had a valid prescription or was otherwise authorized

to use the substance, the court should read M Crim JI 12.4a. See People v Robar, 321 Mich App 106, ___NW2d___

(2017).

History

M Crim JI 12.6 (formerly CJI2d 12.6) was CJI 12:4:01; amended October, 1993; amended June 2018.

Reference Guide

Case Law

People v Pegenau, 447 Mich 278, 523 NW2d 325 (1994); People v Little, 87 Mich App 50, 54-55, 273 NW2d 583

(1978).

Chapter 12. Controlled Substances

Page 12-20 Michigan Model Criminal Jury Instructions

M Crim JI 12.7 Meaning of Possession

Possession does not necessarily mean ownership. Possession means that either:

(1) the person has actual physical control of the [substance / thing], as I do with the pen I’m now holding, or

(2) the person has the right to control the [substance / thing], even though it is in a different room or place.

Possession may be sole, where one person alone possesses the [substance / thing].

Possession may be joint, where two or more people each share possession.

It is not enough if the defendant merely knew about the [state substance or thing]; the defendant possessed the [state

substance or thing] only if [he / she] had control of it or the right to control it, either alone or together with someone

else.

Use Note

In felony firearm cases, see M Crim JI 11.34b for the applicable definition of constructive possession.

History

M Crim JI 12.7 (formerly CJI2d 12.7) was adopted in June 1995.

Reference Guide

Case Law

People v Burgenmeyer, 461 Mich 431, 606 NW2d 645 (2000); People v Williams, 212 Mich App 607, 538 NW2d

89 (1995).

Page 12-21 Michigan Model Criminal Jury Instructions

Chapter 12. Controlled Substances

M Crim JI 12.8 Maintaining a Drug House

(1) The defendant is charged with the crime commonly known as knowingly maintaining or keeping a drug house.

To prove this charge the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant knowingly kept or maintained a [building / dwelling / vehicle / vessel / (describe other

place)].

(3) Second, that this [building / dwelling / vehicle / vessel / (describe other place)] was:

[Select (a), (b), and/or (c) as appropriate.]

(a) frequented by persons for the purpose of illegally using controlled substances.

(b) used for illegally keeping controlled substances.

(4) Third, that the defendant knew that the [building / dwelling / vehicle / vessel / (describe other place)] was

frequented or used for such illegal purposes.

History

M Crim JI 12.8 (formerly CJI2d 12.8) was adopted by the committee in October, 2002, to reflect the elements of

this offense. MCL 333.7405(1)(d).

Reference Guide

Statutes

MCL 333.7405(1)(d).

Case Law

People v Thompson, 477 Mich 146, 156-157, 730 NW2d 708 (2007).

Chapter 12. Controlled Substances

Page 12-22 Michigan Model Criminal Jury Instructions

M Crim JI 12.9 Medical Marijuana Affirmative Defense

(1) The defendant says that [he / she] is not guilty since [his / her] [acquisition / possession / cultivation /

manufacture / use / delivery / transfer / transportation] of marijuana was legal because it was permitted for

medical purposes. The burden is on the defendant to prove that [he / she] [acquired / possessed / cultivated /

manufactured / used / delivered / transferred / transported] marijuana for medical purposes.

(2) Before considering the medical marijuana defense, you must be convinced beyond a reasonable doubt that the

defendant committed the [crime / crimes] charged by the prosecutor. If you are not, your verdict should simply

be not guilty of [that / those] offense[s]. If you are convinced that the defendant committed an offense, you

should consider the defendant's defense that [he / she] [acquired / possessed / cultivated / manufactured / used /

delivered / transferred / transported] the marijuana for medical purposes.

(3) In order to establish that [his / her] [acquisition / possession / cultivation / manufacture / use / delivery / transfer

/ transportation] of marijuana was legal, the defendant must prove three elements by a preponderance of the

evidence. A preponderance of the evidence means that [he / she] must prove that it is more likely than not that

each of the elements is true.

(4) First, that a physician provided a professional opinion stating that the [defendant / defendant’s patient] is likely

to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate a serious or

debilitating medical condition or the symptoms of a serious or debilitating medical condition.

The term “therapeutic benefit” means tending to cure or restore to health.

The term “palliative benefit” means moderating pain or symptoms by making them easier to bear, without

necessarily curing the underlying medical condition.

In order to prove that a physician provided a professional opinion, the defendant must establish both of the following

conditions:

(a) that [(he / she) / (his / her) patient] had a bona fide physician-patient relationship with the physician who

provided the professional opinion; and

(b) that the opinion was made after a full assessment of the [defendant’s / defendant’s patient’s] medical history

and current medical condition.

A bona fide relationship means that there was an actual and ongoing relationship between [defendant /

defendant’s patient] and the physician when the opinion was provided.

(5) Second, that the defendant [and (his / her) primary caregiver] [acquired / possessed / cultivated / manufactured

/ used / delivered / transferred / transported] no more marijuana than was reasonably necessary to ensure the

uninterrupted availability of marijuana for the purpose of treating or alleviating the [defendant’s / defendant’s

patient’s] medical condition or symptoms.

(6) Third, that the defendant [and (his / her) primary caregiver] [was / were] engaged in the [acquisition / possession

/ cultivation / manufacture / use / delivery / transfer / transportation] of marijuana to treat or alleviate the

Page 12-23 Michigan Model Criminal Jury Instructions

Chapter 12. Controlled Substances

[defendant’s / patient’s] medical condition.

(7) You should consider these elements separately. If you find that the defendant has proved all three of these

elements by a preponderance of the evidence, then you must find [him / her] not guilty because [his / her]

[acquisition / possession / cultivation / manufacture / use / delivery / transfer / transportation] of marijuana was

permitted for medical purposes. If the defendant has failed to prove any or all of these elements, [he / she] was

not legally permitted to [acquire / possess / cultivate / manufacture / use / deliver / transfer / transport] marijuana.

Use Note

1. If there is a question regarding the existence of a bona-fide physician-patient relationship, see People v Hartwick,

498 Mich 192, 231, 870 NW2d 37 (2015), and MCL 333.26423(a) for further guidance. The statute provides:

(a) “Bona fide physician-patient relationship” means a treatment or counseling relationship between a physician

and patient in which all of the following are present:

(1) The physician has reviewed the patient’s relevant medical records and completed a full assessment of

the patient’s medical history and current medical condition, including a relevant, in-person, medical

evaluation of the patient.

(2) The physician has created and maintained records of the patient’s condition in accord with medically

accepted standards.

(3) The physician has a reasonable expectation that he or she will provide follow-up care to the patient to

monitor the efficacy of the use of medical marihuana as a treatment of the patient’s debilitating medical

condition.

(4) If the patient has given permission, the physician has notified the patient's primary care physician of the

patient's debilitating medical condition and certification for the medical use of marihuana to treat that

condition.

Chapter 12. Controlled Substances

Page 12-24 Michigan Model Criminal Jury Instructions

M Crim JI 12.10 Illegal Sale or Disposition of Untaxed Cigarettes

(1)The defendant is charged with the crime of illegal sale or disposal of untaxed cigarettes by a manufacturer’s

representative. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable

doubt:

(2)First, that the defendant was a manufacturer’s representative for [identify tobacco manufacturer].

(3)Second, that the defendant [exchanged / sold / offered to sell / disposed of] tobacco cigarettes or a tobacco

product.

(4) Third, that the tobacco cigarettes or product [did not have a stamp from the Michigan Department of Treasury

showing that the tax imposed under the Tobacco Products Tax Act has been paid / had a tax stamp from another

state].

(5) Fourth, that when the defendant [exchanged / sold / offered to sell / disposed of] tobacco cigarettes or a tobacco

product, [he /she] knew that the tobacco cigarettes or product [did not have a stamp from the Michigan Department

of Treasury showing that the tax imposed under the Tobacco Products Tax Act has been paid / had a tax stamp from

another state].

History

M Crim JI 12.10 was adopted March 2024.

Reference Guide

Statutes

MCL 205.428(2)

Page 12-25 Michigan Model Criminal Jury Instructions

Chapter 12. Controlled Substances

M Crim JI 12.10a Illegal Possession or Transportation of Untaxed Cigarettes

(1) [The defendant is charged with the / You may also consider the less serious] crime of acquiring, possessing,

transporting, or offering for sale [(3,000 or more untaxed cigarettes / untaxed tobacco products with a value of $250

or more) / (between 1,200 and 2,999 untaxed cigarettes / untaxed tobacco products with a value between $100 and

$249.99) / (between 600 and 1,199 untaxed cigarettes / untaxed tobacco products with a value between $50 and

$99.99)]. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant [acquired / possessed / transported / offered for sale] tobacco cigarettes or a tobacco

product.

(3) Second, that the tobacco cigarettes or product did not have a stamp from the Michigan Department of Treasury

showing that the tax imposed under the Tobacco Products Tax Act has been paid.

(4) Third, that when the defendant [acquired / possessed / transported / offered for sale] the tobacco cigarettes or

tobacco product, [he /she] knew that the tobacco cigarettes or product did not have a stamp from the Michigan

Department of Treasury showing that the tax imposed under the Tobacco Products Tax Act has been paid.

(5) Fourth, that the defendant [acquired / possessed / transported / offered for sale] [(3,000 or more untaxed

cigarettes / untaxed tobacco products with a value of $250.00 or more) / (between 1,200 and 2,999 untaxed cigarettes

/ untaxed tobacco products with a value between $100.00 and $249.99) / (between 600 and 1,199 untaxed cigarettes

/ untaxed tobacco products with a value between $50.00 and $99.99)].

History

M Crim JI 12.10a was adopted March 2024.

Reference Guide

Statutes

MCL 205.428(3), (4), and (12)

Chapter 12. Controlled Substances

Page 12-26 Michigan Model Criminal Jury Instructions

M Crim JI 12.10b Making, Possessing, or Using an Unauthorized Michigan

Department of Treasury Tobacco Tax Stamp

(1)The defendant is charged with the crime of making, possessing, or using [a counterfeit tobacco tax stamp / a

tobacco tax stamp without authorization from the Michigan Department of Treasury]. To prove this charge, the

prosecutor must prove each of the following elements beyond a reasonable doubt:

(2)First, that the defendant intentionally [made / possessed / used] [a counterfeit tobacco tax stamp / a tobacco tax

stamp without authorization from the Michigan Department of Treasury].

(3)Second, that the defendant knew that the tobacco tax stamp [he / she] [made / possessed / used] was [a counterfeit

tobacco tax stamp / a tobacco tax stamp not authorized by the Michigan Department of Treasury].

History

M Crim JI 12.10b was adopted March 2024.

Reference Guide

Statutes

MCL 205.428(6)

Page 12-27 Michigan Model Criminal Jury Instructions

Chapter 12. Controlled Substances

M Crim JI 12.10c Illegally Purchasing or Obtaining a Michigan Department of

Treasury Tobacco Tax Stamp

(1) The defendant is charged with the crime of illegally purchasing or obtaining a Michigan Department of Treasury

tobacco tax stamp as a licensee. To prove this charge, the prosecutor must prove the following elements beyond a

reasonable doubt:

(2) First, that the defendant was a licensee under the Tobacco Products Tax Act.

(3) Second, that the defendant bought or obtained a Michigan Department of Treasury stamp for showing that the

tax imposed under the Tobacco Products Tax Act has been paid from a person other than the Michigan Department

of Treasury.

(4) Third, that when the defendant bought or obtained the Michigan Department of Treasury stamp for showing that

the tax imposed under the Tobacco Products Tax Act had been paid, [he / she] knew that the person from whom [he

/ she] bought or obtained a Michigan Department of Treasury stamp was not an employee of the Michigan

Department of Treasury.

History

M Crim JI 12.10c was adopted March 2024.

Reference Guide

Statutes

MCL 205.428(6)

Chapter 12. Controlled Substances

Page 12-28 Michigan Model Criminal Jury Instructions

M Crim JI 12.10d Falsifying a Tobacco Manufacturer’s Label

(1) The defendant is charged with the crime of falsifying a tobacco manufacturer’s label. To prove this charge, the

prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant intentionally made a label that was an imitation of a label used by the tobacco

manufacturer [identify tobacco manufacturer].

(3) Second, that the defendant used the imitation label to falsely identify cigarettes that [he / she] knew were not

produced by [identify tobacco manufacturer] as being made by [identify tobacco manufacturer].

History

M Crim JI 12.10d was adopted March 2024.

Reference Guide

Statutes

MCL 205.428(6)

Page 12-29 Michigan Model Criminal Jury Instructions

Chapter 12. Controlled Substances

M Crim JI 12.10e Making or Possessing a False License to Purchase or Sell Tobacco

Products as a Retailer or Wholesaler

(1) The defendant is charged with the crime of [making or possessing a false license to purchase or sell tobacco

products as a retailer or wholesaler / possessing a device that could be used to forge, alter, or counterfeit a license

to purchase or sell tobacco products as a retailer or wholesaler]. To prove this charge, the prosecutor must prove

beyond a reasonable doubt:

[Select according to the charge and evidence:]

(2) That the defendant intentionally [made, counterfeited, or altered / assisted in making or caused to be made /

purchased or received] a false [license to purchase or sell tobacco products as a retailer or wholesaler / vending

machine disc or marker for the sale of tobacco cigarettes or products] knowing it was false.

[Or]

(2) That the defendant intentionally possessed a device that [he / she] knew could be used to forge, alter, or

counterfeit a [license to purchase or sell tobacco products as a retailer or wholesaler / vending machine disc or

marker for the sale of tobacco cigarettes or products].

History

M Crim JI 12.10e was adopted March 2024.

Reference Guide

Statutes

MCL 205.428(7)

Chapter 12. Controlled Substances

Page 12-30 Michigan Model Criminal Jury Instructions

Page 13-1 Michigan Model Criminal Jury Instructions

CHAPTER 13 Police and Prisons

M Crim JI 13.1 Assaulting, Resisting, or Obstructing a Police Officer or Person Performing Duties .............................. 13-3

M Crim JI 13.2 Assaulting or Obstructing Officer or Official Performing Duties............................................................. 13-5

M Crim JI 13.3 Interference with a Police Officer Serving Process [DELETED] ............................................................... 13-7

M Crim JI 13.4 Assaulting a Police Officer [DELETED]..................................................................................................... 13-8

M Crim JI 13.5 Legal Acts and Duties.............................................................................................................................. 13-9

M Crim JI 13.6a Fleeing and Eluding in the First Degree .............................................................................................. 13-15

M Crim JI 13.6b Fleeing and Eluding in the Second Degree ......................................................................................... 13-16

M Crim JI 13.6c Fleeing and Eluding in the Third Degree ............................................................................................. 13-18

M Crim JI 13.6d Fleeing and Eluding in the Fourth Degree .......................................................................................... 13-20

M Crim JI 13.7 Aiding the Escape of a Prisoner ............................................................................................................ 13-21

M Crim JI 13.8 Breaking, Escaping, or Attempting to Break or Escape from Prison..................................................... 13-23

M Crim JI 13.9 Lawfulness of Confinement - Affirmative Defense ............................................................................... 13-25

M Crim JI 13.10 Jail Escape - Defendant Sentenced to Jail........................................................................................... 13-26

M Crim JI 13.11 Jail Escape - Pending Trial or Transfer to Prison ................................................................................. 13-27

M Crim JI 13.12 Jail - Definition .................................................................................................................................... 13-29

M Crim JI 13.13 Escape from Day Parole...................................................................................................................... 13-30

M Crim JI 13.14 Breaking Jail with Violence ................................................................................................................. 13-31

M Crim JI 13.15 Assaulting Employee of Place of Confinement................................................................................... 13-32

M Crim JI 13.16 Forfeiting a Bond ................................................................................................................................ 13-34

M Crim JI 13.17 Absconding on a Bond ........................................................................................................................ 13-35

M Crim JI 13.18 Disarming a Peace Officer or Corrections Officer............................................................................... 13-36

Chapter 13. Police and Prisons

Page 13-2 Michigan Model Criminal Jury Instructions

M Crim JI 13.19 False Report of a Felony ..................................................................................................................... 13-37

M Crim JI 13.19a False Report of Medical or Other Emergency................................................................................... 13-38

M Crim JI 13.19b Prohibited Use of Emergency 9-1-1 Service ..................................................................................... 13-39

M Crim JI 13.20 Concealing Facts or Misleading the Police.......................................................................................... 13-40

M Crim JI 13.20a Misleading the Police; Defenses ....................................................................................................... 13-42

M Crim JI 13.21 Bringing a Weapon into Jail ................................................................................................................ 13-44

M Crim JI 13.22 Furnishing a Weapon to a Prisoner .................................................................................................... 13-45

M Crim JI 13.23 Possession of a Weapon by a Prisoner ............................................................................................... 13-46

M Crim JI 13.24 Bringing Alcohol or a Controlled Substance into Jail .......................................................................... 13-47

M Crim JI 13.25 Possession of Alcohol or a Controlled Substance by a Prisoner ......................................................... 13-48

Page 13-3 Michigan Model Criminal Jury Instructions

Chapter 13. Police and Prisons

M Crim JI 13.1 Assaulting, Resisting, or Obstructing a Police Officer or Person

Performing Duties

(1) The defendant is charged with the crime of assaulting, battering, wounding, resisting, obstructing, opposing, or

endangering

a [police officer / (state authorized person)

] who was performing [his / her] duties. To prove this

charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant assaulted, battered, wounded, resisted, obstructed, opposed, or endangered

[name

complainant], who was a [police officer / (state authorized person)]. [“Obstruct” includes the use or threatened

use of physical interference or force or a knowing failure to comply with a lawful command.]

[The defendant

must have actually resisted by what (he / she) said or did, but physical violence is not necessary.]

(3) Second, that the defendant knew or had reason to know that [name complainant] was a [police officer / (state

authorized person)] performing [his / her] duties at the time.

(4) Third, that [name complainant] gave the defendant a lawful command, was making a lawful arrest, or was

otherwise performing a lawful act.

[Use the following paragraphs as warranted by the charge and proofs.]

(5) Fourth, that the defendant’s act in assaulting, battering, wounding, resisting, obstructing, opposing, or

endangering

a [police officer / (state authorized person)] caused the death of [name complainant].

(6) Fourth, that the defendant’s act in assaulting, battering, wounding, resisting, obstructing, opposing, or

endangering1 a [police officer / (state authorized person)] caused [name complainant] to suffer serious

impairment of a body function.

(7) Fourth, that the defendant’s act in assaulting, battering, wounding, resisting, obstructing, opposing, or

endangering

a [police officer / (state authorized person)] caused a bodily injury requiring medical attention or

medical care to [name complainant].

Use Note

1. MCL 750.81d prohibits “assaulting, battering, wounding, resisting, obstructing, opposing, or endangering”

certain officers or officials. The court may read all of that phrase or may read whatever portions it finds

appropriate according to the charge and the evidence.

2. “Person” for purposes of this statute is defined to include police officers, deputy sheriffs, firefighters, and

emergency medical service personnel, among others. MCL 750.81d(7)(b).

3. The court may include this sentence where necessary.

4. The court should provide detailed legal instructions regarding the applicable law governing the officer’s legal

authority to act.

Chapter 13. Police and Prisons

Page 13-4 Michigan Model Criminal Jury Instructions

5. MCL 750.479(8)(b) defines “serious impairment of a body function” according to MCL 257.58c in the Michigan

vehicle code. See M Crim JI 15.12.

History

M Crim JI 13.1 (formerly CJI2d 13.1) was adopted in October, 2004, to reflect the elements of the offense created

in 2002 by 2002 PA 266, MCL 750.81d. The prior instruction addressed the elements of a similar offense now

encompassed by MCL 750.479 as amended by 2002 PA 270 and found at M Crim JI 13.2. Amended June, 2018.

Reference Guide

Statutes

MCL 257.58c, 750.81d, .479.

Case Law

People v Moreno, 491 Mich 38, 814 NW2d 624 (2012).

Page 13-5 Michigan Model Criminal Jury Instructions

Chapter 13. Police and Prisons

M Crim JI 13.2 Assaulting or Obstructing Officer or Official Performing Duties

(1) The defendant is charged with the crime of assaulting, battering, wounding, resisting, obstructing, opposing, or

endangering

a [state authorized person]

who was acting in the performance of [his / her] duties.

To prove this

charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant assaulted, battered, wounded, resisted, obstructed, opposed, or endangered,

[name

complainant], who was a [state authorized person] performing [his / her] duties. [“Obstruct” includes the use

or threatened use of physical interference or force or a knowing failure to comply with a lawful command.]

(3) Second, that the defendant knew or had reason to know that [name complainant] was then a [state authorized

person] performing [his / her] duties at the time.

(4) Third, that [name complainant] gave the defendant a lawful command, was making a lawful arrest, or was

otherwise performing a lawful act.

(5) Fourth, that the defendant’s actions were intended by the defendant, that is, not accidental.

[Use the following paragraphs when warranted by the charge and proofs:]

(6) Fifth, that the defendant’s act in assaulting, battering, wounding, resisting, obstructing, opposing, or

endangering

a [state authorized person] caused the death of [name complainant].

(7) Fifth, that the defendant’s act in assaulting, battering, wounding, resisting, obstructing, opposing, or

endangering

a [state authorized person] caused serious impairment of a body function

to [name

complainant].

(8) Fifth, that the defendant’s act in assaulting, battering, wounding, resisting, obstructing, opposing, or

endangering

a [state authorized person] caused a bodily injury requiring medical attention or medical care to

[name complainant].

Use Note

This instruction should be used when the defendant is charged with violating MCL 750.479. A defendant could be

charged under MCL 750.81d with assaulting, resisting, or obstructing an officer. In that event, see M Crim JI 13.1.

MCL 750.479 prohibits “assaulting, battering, wounding, resisting, obstructing, opposing, or endangering” certain

officers or officials. The court may read all of that phrase or may read whatever portions it finds appropriate

according to the charge and the evidence.

The statute lists authorized persons as medical examiner, township treasurer, judge, magistrate, probation officer,

parole officer, prosecutor, city attorney, court employee, court officer, or other officer or duly authorized person.

MCL 750.479(1)(a).

“Obstruct” is defined in MCL 750.479(8)(a), as amended in 2002.

Chapter 13. Police and Prisons

Page 13-6 Michigan Model Criminal Jury Instructions

The court should provide detailed legal instructions regarding the applicable law governing the official’s legal

authority to act.

MCL 750.479(8)(b) defines “serious impairment of a body function” according to MCL 257.58c in the Michigan

vehicle code. See M Crim JI 15.12.

This aggravating circumstance could be the charged offense or a lesser offense, if warranted by the evidence.

History

M Crim JI 13.2 (formerly CJI2d 13.2) was adopted in October, 2004, to reflect the statutory changes found in 2002

PA 270, MCL 750.479. Amended June, 2018.

Reference Guide

Statutes

MCL 257.58c, 750.81d, .479.

Case Law

People v Moreno, 491 Mich 38, 814 NW2d 624 (2012); People v Philabaun, 461 Mich 255, 602 NW2d 371 (1999);

People v Little, 434 Mich 752, 456 NW2d 237 (1990); People v King, 236 Mich 405, 210 NW 235 (1926); People

v Chapo, 283 Mich App 360, 770 NW2d 68 (2009); People v Delong, 128 Mich App 1, 339 NW2d 659 (1983);

People v Van Wasshenova, 121 Mich App 672, 329 NW2d 452 (1982); People v Gleisner, 115 Mich App 196, 320

NW2d 340 (1982); People v Kelley, 78 Mich App 769, 260 NW2d 923 (1977); People v Weatherspoon, 6 Mich App

229, 232, 148 NW2d 889 (1967).

Page 13-7 Michigan Model Criminal Jury Instructions

Chapter 13. Police and Prisons

M Crim JI 13.3 Interference with a Police Officer Serving Process [DELETED]

Note. This instruction was deleted by the committee in October, 2004, in the course of revising portions of this

chapter. The offense previously covered by this instruction is now included within M Crim JI 13.2.

Chapter 13. Police and Prisons

Page 13-8 Michigan Model Criminal Jury Instructions

M Crim JI 13.4 Assaulting a Police Officer [DELETED]

Note. This instruction was deleted by the committee in October, 2004, in the course of revising portions of this

chapter. The offense previously covered by this instruction is now included within M Crim JI 13.2.

Page 13-9 Michigan Model Criminal Jury Instructions

Chapter 13. Police and Prisons

M Crim JI 13.5 Legal Acts and Duties

[Choose (1), (2), (3) or (4):]

(1) An arrest is legal if it is made by an officer relying on an arrest warrant for the defendant issued by a court.

(2) An arrest is legal if it is made [describe circumstances for a warrantless arrest found in MCL 764.15, 764.15a,

764.15b, 764.15e, 769.15f].

“Reasonable cause” means having enough information to lead an ordinarily careful person to believe that the

defendant had committed a crime.

(3) An arrest is legal if it is made by an officer for [state other basis].

It is not necessary for you to find the defendant guilty of that crime in order to find that the arrest is legal.

[In determining whether an officer had reasonable cause to believe that the defendant committed a crime, you should

consider all information known to police officers or law enforcement personnel involved in this case. It is not

necessary that the arresting officer had probable cause based on [his / her] own knowledge if law enforcement

personnel collectively had probable cause to believe that a crime was committed by the defendant. You are only

required to find that police had probable cause to find that the arrest is legal.]

(4) A [police officer / (state authorized person)] may [provide detailed legal instructions regarding the applicable

law governing the officer’s or official’s legal authority to act].

(5) The prosecutor must prove beyond a reasonable doubt that the [arrest was legal / the (officer / (state authorized

person) was acting within (his / her) legal authority]. It is up to you to determine whether the [officer’s / (state

authorized person)’s] actions were legal according to the law as I have just described it to you.

Use Note

In People v Moreno, 491 Mich 38, 814 NW2d 624 (2012), the Michigan Supreme Court held that a defendant may

resist unlawful police conduct. People v Quinn, 305 Mich App 484, 491-492, 853 NW2d 383 (2014), and People v

Vandenberg, 307 Mich App 57, 68-69, 859 NW2d 229 (2014), state the legality of the arrest or the officer’s conduct

is an element of the offense. This instruction should be given where the illegality of the arrest or the officer’s

conduct is offered as a defense.

The court may also decide that the police conduct is illegal as a matter of law, treating the legality of the conduct

like any other element where a defendant makes such a challenge in a motion to quash, to dismiss, or for a directed

verdict. See Moreno, 491 Mich at 58.

People v Johnson, 86 Mich 175; 48 NW 870 (1891), mentioned that an arrest must be made immediately after the

officer observes the criminal conduct. Jordan v Shea, 46 Mich App 443; 208 NW2d 235 (1973), found no statutory

basis for requiring that an arrest be made immediately.

Chapter 13. Police and Prisons

Page 13-10 Michigan Model Criminal Jury Instructions

Resistance to the use of excessive force in effectuating an arrest raises an issue of self-defense, and is addressed in

M Crim JI 7.15, 7.16, and/or 7.16a, and not in this instruction.

1. This paragraph may be given where appropriate according to the evidence.

2. Those statutes provide in relevant part:

764.15 Arrest by officer without warrant; situations; circumstances.

(1) A peace officer, without a warrant, may arrest a person in any of the following situations:

(a) A felony, misdemeanor, or ordinance violation is committed in the peace officer’s presence.

(b) The person has committed a felony although not in the peace officer’s presence.

committed it.

(d) The peace officer has reasonable cause to believe a misdemeanor punishable by imprisonment for more than

92 days or a felony has been committed and reasonable cause to believe the person committed it.

(e) The peace officer has received positive information by written, telegraphic, teletypic, telephonic, radio,

electronic, or other authoritative source that another peace officer or a court holds a warrant for the person’s

arrest.

(f) The peace officer has received positive information broadcast from a recognized police or other

governmental radio station, or teletype, that affords the peace officer reasonable cause to believe a

misdemeanor punishable by imprisonment for more than 92 days or a felony has been committed and

reasonable cause to believe the person committed it.

(g) The peace officer has reasonable cause to believe the person is an escaped convict, has violated a condition

of parole from a prison, has violated a condition of a pardon granted by the executive, or has violated 1 or

more conditions of a conditional release order or probation order imposed by a court of this state, another

state, Indian tribe, or United States territory.

(h) The peace officer has reasonable cause to believe the person was, at the time of an accident in this state, the

operator of a vehicle involved in the accident and was operating the vehicle in violation of section 625(1),

(3), (6), or (7) or section 625m of the Michigan vehicle code, 1949 PA 300, MCL 257.625 and 257.625m,

or a local ordinance substantially corresponding to section 625(1), (3), (6), or (7) or section 625m of that act.

(i) The person is found in the driver’s seat of a vehicle parked or stopped on a highway or street within this

state if any part of the vehicle intrudes into the roadway and the peace officer has reasonable cause to believe

the person was operating the vehicle in violation of section 625(1), (3), (6), or (7) or section 625m of the

Michigan vehicle code, 1949 PA 300, MCL 257.625 and 257.625m, or a local ordinance substantially

corresponding to section 625(1), (3), (6), or (7) or section 625m of that act.

(j) The peace officer has reasonable cause to believe the person was, at the time of an accident, the operator of

a snowmobile involved in the accident and was operating the snowmobile in violation of section 82127(1)

Page 13-11 Michigan Model Criminal Jury Instructions

Chapter 13. Police and Prisons

or (3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82127, or a local

ordinance substantially corresponding to section 82127(1) or (3) of that act.

(k) The peace officer has reasonable cause to believe the person was, at the time of an accident, the operator of

an ORV involved in the accident and was operating the ORV in violation of section 81134(1) or (2) or 81135

of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81134 and 324.81135,

or a local ordinance substantially corresponding to section 81134(1) or (2) or 81135 of that act.

(l) The peace officer has reasonable cause to believe the person was, at the time of an accident, the operator of

a vessel involved in the accident and was operating the vessel in violation of section 80176(1) or (3) of the

natural resources and environmental protection act, 1994 PA 451, MCL 324.80176, or a local ordinance

substantially corresponding to section 80176(1) or (3) of that act.

(m) The peace officer has reasonable cause to believe a violation of section 356c or 356d of the Michigan penal

code, 1931 PA 328, MCL 750.356c and 750.356d, has taken place or is taking place and reasonable cause

to believe the person committed or is committing the violation, regardless of whether the violation was

committed in the peace officer’s presence.

(n) The peace officer has reasonable cause to believe a misdemeanor has taken place or is taking place on school

property and reasonable cause to believe the person committed or is committing the violation, regardless of

whether the violation was committed in the peace officer’s presence. As used in this subdivision, “school

property” means that term as defined in section 7410 of the public health code, 1978 PA 368, MCL

333.7410.

(2) An officer in the United States customs service or the immigration and naturalization service, without a warrant,

may arrest a person if all of the following circumstances exist:

(a) The officer is on duty.

(b) One or more of the following situations exist:

(i) The person commits an assault or an assault and battery punishable under section 81 or 81a of the

Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, on the officer.

(ii) The person commits an assault or an assault and battery punishable under section 81 or 81a of the

Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, on any other person in the officer’s

presence or commits any felony.

(iii) The officer has reasonable cause to believe a felony has been committed and reasonable cause to believe

the person committed it, and the reasonable cause is not founded on a customs search.

(iv) The officer has received positive information by written, telegraphic, teletypic, telephonic, radio,

electronic, or other authoritative source that a peace officer or a court holds a warrant for the person’s

arrest.

of a local police agency under the commission on law enforcement standards act, 1965 PA 203, MCL

Chapter 13. Police and Prisons

Page 13-12 Michigan Model Criminal Jury Instructions

28.601 to 28.616.

764.15a Arrest without warrant for assault of individual having child in common, household resident, dating

relationship, or spouse or former spouse.

A peace officer may arrest an individual for violating section 81 or 81a of the Michigan penal code, 1931 PA 328,

MCL 750.81 and 750.81a, or a local ordinance substantially corresponding to section 81 of that act regardless of

whether the peace officer has a warrant or whether the violation was committed in his or her presence if the peace

officer has or receives positive information that another peace officer has reasonable cause to believe both of the

following:

(a) The violation occurred or is occurring.

(b) The individual has had a child in common with the victim, resides or has resided in the same household as

the victim, has or has had a dating relationship with the victim, or is a spouse or former spouse of the victim.

As used in this subdivision, “dating relationship” means frequent, intimate associations primarily

characterized by the expectation of affectional involvement. This term does not include a casual relationship

or an ordinary fraternization between 2 individuals in a business or social context.

764.15b Arrest without warrant for violation of personal protection order; answering to charge of contempt;

hearing; bond; show cause order; jurisdiction to conduct contempt proceedings; prosecution of criminal

contempt; prohibited actions by court; definitions.

(1) A peace officer, without a warrant, may arrest and take into custody an individual when the peace officer has or

receives positive information that another peace officer has reasonable cause to believe all of the following

apply:

(a) A personal protection order has been issued under section 2950 or 2950a of the revised judicature act of

1961, 1961 PA 236, MCL 600.2950 and 600.2950a, or is a valid foreign protection order.

(b) The individual named in the personal protection order is violating or has violated the order. An individual

is violating or has violated the order if that individual commits 1 or more of the following acts the order

specifically restrains or enjoins the individual from committing:

(i) Assaulting, attacking, beating, molesting, or wounding a named individual.

(ii) Removing minor children from an individual having legal custody of the children, except as otherwise

authorized by a custody or parenting time order issued by a court of competent jurisdiction.

(iii) Entering onto premises.

(iv) Engaging in conduct prohibited under section 411h or 411i of the Michigan penal code, 1931 PA 328,

MCL 750.411h and 750.411i.

(v) Threatening to kill or physically injure a named individual.

Page 13-13 Michigan Model Criminal Jury Instructions

Chapter 13. Police and Prisons

(vi) Purchasing or possessing a firearm.

(vii) Interfering with petitioner’s efforts to remove petitioner’s children or personal property from

premises that are solely owned or leased by the individual to be restrained or enjoined.

(viii) Interfering with petitioner at petitioner’s place of employment or education or engaging in conduct

that impairs petitioner’s employment or educational relationship or environment.

(ix) Any other act or conduct specified by the court in the personal protection order.

on its face that a violation of its terms subjects the individual to immediate arrest and either of the following:

(i) If the individual restrained or enjoined is 17 years of age or older, to criminal contempt of court and,

if found guilty of criminal contempt, to imprisonment for not more than 93 days and to a fine of not

more than $500.00.

(ii) If the individual restrained or enjoined is less than 17 years of age, to the dispositional alternatives

listed in section 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18.

764.15e Violation of condition of release; arrest without warrant; duties of peace officer; release on interim

bond; priority to certain cases; hearing and revocation procedures.

(1) A peace officer, without a warrant, may arrest and take into custody a defendant whom the peace officer has or

receives positive information that another peace officer has reasonable cause to believe is violating or has

violated a condition of release imposed under section 6b of chapter V or section 2a of 1961 PA 44, MCL

780.582a.

764.15f Violation of order issued by probate court or family division of circuit court; arrest without warrant;

duties of police officer and court; authority of judge to arraign, take plea, or sentence; judge not available;

entering order into or removing from law enforcement information network.

(1) A peace officer, without a warrant, may arrest and take into custody a person if the peace officer has reasonable

cause to believe all of the following exist:

(a) The probate court before January 1, 1998 or the family division of circuit court on or after January 1, 1998

has issued an order under section 13a(4) of chapter XIIA of Act No. 288 of the Public Acts of 1939, being

section 712A.13a of the Michigan Compiled Laws, stating on its face the period of time for which the order

is valid.

(b) A true copy of the order and proof of service has been filed with the law enforcement agency having

jurisdiction of the area in which the person having custody of the child pursuant to section 13a(4) of chapter

XIIA of Act No. 288 of the Public Acts of 1939 resides.

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Page 13-14 Michigan Model Criminal Jury Instructions

(d) The person named in the order is acting in violation of the order.

(e) The order states on its face that a violation of its terms subjects the person to criminal contempt of court and,

if found guilty, the person shall be imprisoned for not more than 90 days and may be fined not more than

$500.00.

History

M Crim JI 13.5 (formerly CJI2d 13.5) was added in 1990. Amended June, 2018.

Reference Guide

Statutes

MCL 750.81d, .479, 764.1 et seq., .15-.15b.

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Chapter 13. Police and Prisons

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.

History

M Crim JI 13.6a (formerly CJI2d 13.6a) was added in September, 1997, to reflect the elements of fleeing and eluding

in the first degree in accordance with subsection (1)(5) of 1996 PA 586, MCL 750.479a(5). This offense is a 15-year

felony. Amended October 2022.

Reference Guide

Statutes

MCL 257.602a, 750.479a(5).

Case Law

People v Schaefer, 473 Mich 418, 438-439, 703 NW2d 774 (2005), modified in part on other grounds by People v

Derror, 475 Mich 316, 715 NW2d 822 (2006), overruled in part on other grounds by People v Feezel, 486 Mich

184, 783 NW2d 67 (2010); People v Wood, 276 Mich App 669, 741 NW2d 574 (2007).

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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 adequately marked 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.

[Choose one or more of the following alternatives:]

(7) Sixth, that the violation resulted in serious impairment of a body function* to an individual.

(8) Sixth, that the defendant has one or more prior convictions for first-, second-, or third-degree fleeing and

eluding; attempted first-, second-, or third-degree fleeing and eluding; or fleeing and eluding under a current or

former law of this state prohibiting substantially similar conduct.

(9) Sixth, that the defendant has any combination of two or more prior convictions for fourth-degree fleeing and

eluding, attempted fourth-degree fleeing and eluding, or fleeing and eluding under a current or former law of

this state prohibiting substantially similar conduct.

Use Note

*The statute, MCL 750.479a(9), incorporates the statutory definition of “serious impairment of body function”

found at MCL 257.58c: “Serious impairment of a body function” includes, but is not limited to, 1 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.

Page 13-17 Michigan Model Criminal Jury Instructions

Chapter 13. Police and Prisons

(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.

History

M Crim JI 13.6b (formerly CJI2d 13.6b) was added in September, 1997, to reflect the elements of fleeing and

eluding in the second degree in accordance with subsection (1)(4) of 1996 PA 586, MCL 750.479a(4). This offense

is a ten-year felony. Paragraph (7) of this instruction was modified in September, 2003, to indicate that rather than

“serious injury” the conduct must cause “serious impairment of a body function” in accordance with 2002 PA 270,

effective July 15, 2002. Amended October 2022.

Reference Guide

Statutes

MCL 750.479a(4).

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Page 13-18 Michigan Model Criminal Jury Instructions

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.

[Choose one or both of the following alternatives where applicable:]1

(7) Sixth, that the violation resulted in a collision or accident.

[(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).

History

M Crim JI 13.6c (formerly CJI2d 13.6c) was added in September, 1997, to reflect the elements of fleeing and eluding

in the third degree in accordance with subsection (1)(3) of 1996 PA 586, MCL 750.479a(3). This offense is a five-

year felony. Amended October 2022.

Reference Guide

Statutes

MCL 750.479a(3).

Case Law

Page 13-19 Michigan Model Criminal Jury Instructions

Chapter 13. Police and Prisons

People v Abramski, 257 Mich App 71, 665 NW2d 501 (2003); People v Grayer, 235 Mich App 737, 741-742, 599

NW2d 527 (1999), appeal after remand, 252 Mich App 349, 651 NW2d 818 (2002).

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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.

History

M Crim JI 13.6d (formerly CJI2d 13.6d) was added in September, 1997, to reflect the elements of fleeing and

eluding in the fourth degree in accordance with subsection (1)(2) of 1996 PA 586, MCL 750.479a(2). This offense

is a two-year felony. Amended October 2022.

Reference Guide

Statutes

MCL 750.479a(2).

Case Law

People v Green, 260 Mich App 710, 680 NW2d 477 (2004); People v Landrie, 124 Mich App 480, 335 NW2d 11

(1983); People v Harrell, 54 Mich App 554, 221 NW2d 411 (1974), aff’d, 398 Mich 384, 247 NW2d 829 (1976).

Page 13-21 Michigan Model Criminal Jury Instructions

Chapter 13. Police and Prisons

M Crim JI 13.7 Aiding the Escape of a Prisoner

(1) The defendant is charged with the crime of assisting the escape of a prisoner. To prove this charge, the

prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that _____________________________________ was a prisoner in [state place of confinement].

(3) Second, that _____________________________________ was legally committed to or held in this facility.

[Choose one of the four alternatives that follow:]

[First Alternative:]

(4) Third, that the defendant knowingly took or sent a [state object] into [state place of confinement], intending to

help a prisoner escape.*

(5) Fourth, that this [state object] could be used to help the prisoner escape.

[Second Alternative:]

(6) Third, that the defendant intentionally assisted a prisoner who was trying to escape. It does not matter whether

the escape itself was made or even attempted, but the defendant must have intended to assist the escape of the

prisoner.*

[Third Alternative:]

(7) Third, that the defendant’s act helped a prisoner escape.

(8) Fourth, that the defendant knew when [he / she] did this act that it created a substantial risk that a prisoner would

escape.

[Fourth Alternative:]

(9) Third, that the defendant helped a prisoner escape by the use of force.

Use Note

*These alternatives are for use where the escape may not have been completed and where there might be some

question of the sufficiency of the voluntary act of the defendant.

History

M Crim JI 13.7 (formerly CJI2d 13.7) was CJI 13:3:01.

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Page 13-22 Michigan Model Criminal Jury Instructions

Reference Guide

Statutes

MCL 750.183.

Case Law

People v Gardineer, 334 Mich 663, 55 NW2d 145 (1952); People v Hamaker, 92 Mich 11, 52 NW 82 (1892); People

v Potts, 55 Mich App 622, 223 NW2d 96 (1974).

Page 13-23 Michigan Model Criminal Jury Instructions

Chapter 13. Police and Prisons

M Crim JI 13.8 Breaking, Escaping, or Attempting to Break or Escape from Prison

(1) The defendant is charged with the crime of escaping or attempting to escape from prison. To prove this charge,

the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant had been sentenced to a term of imprisonment and was serving that term at the time of

the alleged crime.

(3) Second, that the facility the defendant was held in was a prison. [The term “prison” includes a state prison,

penitentiary, reformatory, state house of correction, community residential (corrections) center operated or

leased by the department of corrections, and prison camp. It also includes the grounds, farm, shop, road camp,

and any place of employment operated by the facility or under the control of the facility’s officers, the

corrections department, a police officer, or any other person authorized to care for, keep, or supervise an inmate

for any reason.]

(4) Third, that the administrative offices of [state penal facility] are located in _______________ County.

(5) Fourth, that the defendant:

[Choose one of the following:]

(a) escaped from prison.

(b) attempted to escape from prison. An attempt has two elements. First, the defendant must have intended to

escape from prison. Second, the defendant must have taken some action toward escaping, but failed to

complete the escape. It is not enough to prove that the defendant made preparations for escaping. Things

like planning the escape or arranging how it will be committed are just preparations; they do not qualify as

an attempt. In order to qualify as an attempt, the action must go beyond mere preparation, to the point where

the escape would have been completed if it hadn’t been interrupted by outside circumstances. To qualify as

an attempt, the act must clearly and directly be related to the escape and not some other goal.

(d) had been released from prison under a work pass program but [violated the terms of the release / failed to

return to prison within the time ordered to return]. A work pass program allows a prisoner to leave prison

in order to work, but [he / she] is under the supervision of the prison and must obey the rules of the prison

and return within the time [he / she] is ordered to return.

(e) left the prison without being legally discharged from it.

(f) escaped from a mental health facility to which [he / she] had been admitted from prison.

Use Note

Use appropriate bracketed material if there is some question about whether or not the facility was a prison. The

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Page 13-24 Michigan Model Criminal Jury Instructions

definition of prison is from MCL 750.193(2).

Escape is a general intent crime. See People v Spalding, 17 Mich App 73, 169 NW2d 163 (1969), construing the

prison escape statute. But see People v Benevides, 204 Mich App 188, 192, 514 NW2d 208 (1994), holding that

“prison escape requires proof that the defendant intended to escape from known confinement.” However, any

attempt to commit an offense is a specific intent crime. See People v Langworthy, 416 Mich 630, 644-645, 331

NW2d 171 (1982); People v Joeseype Johnson, 407 Mich 196, 239, 284 NW2d 718 (1979) (Opinion of Levin, J.).

The admission to a mental health facility must have been pursuant to MCL 330.2000.

History

M Crim JI 13.8 (formerly CJI2d 13.8) was CJI 13:4:01.

Reference Guide

Statutes

MCL 750.193(2).

Case Law

People v Langworthy, 416 Mich 630, 644-645, 331 NW2d 171 (1982); People v Joeseype Johnson, 407 Mich 196,

239, 284 NW2d 718 (1979) (Opinion of Levin, J.); People v Luther, 394 Mich 619, 232 NW2d 184 (1975); People

v Sheets, 223 Mich App 651, 567 NW2d 478 (1997); People v Benevides, 204 Mich App 188, 192, 514 NW2d 208

(1994); People v Wyngaard, 159 Mich App 304, 406 NW2d 280 (1987); People v Stephens, 103 Mich App 640, 303

NW2d 51 (1981); People v Martin, 100 Mich App 447, 298 NW2d 900 (1980); People v Stubblefield, 100 Mich App

354, 356, 299 NW2d 4 (1980); People v Crawford, 66 Mich App 581, 591, 239 NW2d 670 (1976); People v

Spalding, 17 Mich App 73, 169 NW2d 163 (1969).

Page 13-25 Michigan Model Criminal Jury Instructions

Chapter 13. Police and Prisons

M Crim JI 13.9 Lawfulness of Confinement - Affirmative Defense

(1) There has been some evidence that the defendant was illegally imprisoned at the time of [his / her] [attempt to]

escape. A person has the right to [attempt to] escape if [he / she] is illegally imprisoned or if [his / her]

imprisonment has legally ended.

[(2) Just because a conviction has been reversed or the defendant is appealing a point of law that led to (his / her)

imprisonment does not make the imprisonment illegal. In such a situation, a prisoner is not justified in escaping

and must use proper methods to challenge (his / her) conviction.]

Use Note

This instruction should be given only where unlawfulness of confinement has been raised as an affirmative defense.

History

M Crim JI 13.9 (formerly CJI2d 13.9) was CJI 13:4:02.

Reference Guide

Case Law

People v Marsh, 156 Mich App 831, 402 NW2d 100 (1986).

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Page 13-26 Michigan Model Criminal Jury Instructions

M Crim JI 13.10 Jail Escape - Defendant Sentenced to Jail

(1) The defendant is charged with the crime of escaping or attempting to escape from jail. To prove this charge, the

prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant had been sentenced to jail for a [misdemeanor / felony].

(3) Second, that the defendant:

[Choose one of the following:]

(a) broke out of jail and escaped.

(b) broke out of jail, though [he / she] did not actually escape.

(d) attempted to escape from jail. An attempt has two elements. First, the defendant must have intended to

escape from jail. Second, the defendant must have taken some action toward escaping, but failed to complete

the escape. It is not enough to prove that the defendant made preparations for escaping. Things like planning

the escape or arranging how it will be committed are just preparations; they do not qualify as an attempt. In

order to qualify as an attempt, the action must go beyond mere preparation, to the point where the escape

would have been completed if it hadn’t been interrupted by outside circumstances. To qualify as an attempt,

the act must clearly and directly be related to the escape and not some other goal.

Use Note

Escape is a general intent crime. See People v Spalding, 17 Mich App 73, 169 NW2d 163 (1969), construing the

prison escape statute. However, any attempt to commit an offense is a specific intent crime. See People v

Langworthy, 416 Mich 630, 644-645, 331 NW2d 171 (1982); People v Joeseype Johnson, 407 Mich 196, 239, 284

NW2d 718 (1979) (Opinion of Levin, J.).

History

M Crim JI 13.10 (formerly CJI2d 13.10) was CJI 13:6:01.

Reference Guide

Statutes

MCL 750.195.

Case Law

People v Langworthy, 416 Mich 630, 644-645, 331 NW2d 171 (1982); People v Joeseype Johnson, 407 Mich 196,

239, 284 NW2d 718 (1979) (Opinion of Levin, J.); People v Spalding, 17 Mich App 73, 169 NW2d 163 (1969).

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Chapter 13. Police and Prisons

M Crim JI 13.11 Jail Escape - Pending Trial or Transfer to Prison

(1) The defendant is charged with the crime of escaping or attempting to escape from jail. To prove this charge, the

prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant was in jail [or a legal place of confinement] awaiting examination, trial, arraignment,

sentencing for a [misdemeanor / felony], or transfer to or from prison after conviction.