News & Notices

From the Committee on Model Criminal Jury Instructions May 2026

May 2026

Michigan Bar Journal

From the Committee on Model Criminal Jury Instructions

The Committee on Model Criminal Jury Instructions solicits comment on the following proposal by August 1, 2026. Comments may be sent in writing to Christopher M. Smith, Reporter, Committee on Model Criminal Jury Instructions, Michigan Hall of Justice, P.O. Box 30052, Lansing, MI 48909-7604, or electronically to MCrimJI@courts.mi.gov.

PROPOSED

The Committee proposes amending seven instructions to include the term “human trafficking” when describing the offenses to the jury: M Crim JI 36.1 (Obtaining a Person for Forced Labor or Services), M Crim JI 36.2 (Holding a Person in Debt Bondage), M Crim JI 36.3 (Knowingly Subjecting a Person to Forced Labor or Debt Bondage), M Crim JI 36.4 (Participating in a Forced Labor, Debt Bondage, or Commercial Sex Enterprise for Financial Gain), 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), M Crim JI 36.5 (Aggravating Factors), and M Crim JI 36.6 (Using Minors for Commercial Sexual Activity or for Forced Labor or Services). The proposed amendments would also adjust some phrasing to ensure greater consistency with the statutes defining these offenses. Deletions are in ~~strikethrough~~, and new language is underlined.

[AMENDED] M Crim JI 36.1

Human Trafficking: Obtaining a Person for Forced Labor or Services

(1) The defendant is charged with the crime of engaging in human trafficking by obtaining a person for forced labor or services. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant recruited, enticed, harbored, transported, provided, or obtained [name complainant] to perform forced labor or services.
(3) Second, that when the defendant recruited, enticed, harbored, transported, provided, or obtained [name complainant], the defendant knew that it was for the purpose of having [name complainant] perform forced labor or services, whether or not such labor or service was actually provided.
(4) “Forced labor or services” are labor or services obtained or maintained by force, fraud, or coercion.

[Provide any or all of the following definitions, according to the evidence:]

(a) Force includes physical violence, restraint, or confinement, or threats of physical violence, restraint, or confinement. It does not matter if injury to [name complainant] occurred.
(b) Fraud includes false or deceptive offers of employment or marriage.
(c) Coercion includes [select any that apply] (i) threats of harm or restraint to any person.

(ii) using a [scheme / plan / pattern] intended to cause someone to think that [psychological harm / physical harm / harm to the person’s reputation] would result from failing to perform an act.
(iii) abusing or threatening to abuse the legal system by threatening to have the person [arrested / deported], regardless of whether the person could be [arrested / deported].
(iv) [destroying / concealing / removing / confiscating / taking possession of] a any actual or purported [passport / immigration document / government identification document] from any person, even if the document was fraudulently obtained.
(v) facilitating or controlling access to [identify controlled substance(s) per MCL 333.7104] without a legitimate medical purpose.

These are examples of [force / fraud / coercion] and not an exhaustive list.

[This crime is a 10-year offense that may be increased by aggravating factors. If the prosecution has charged one of those factors, the jury must be instructed under M Crim JI 36.5.]

[AMENDED] M Crim JI 36.2

Human Trafficking: Holding a Person in Debt Bondage

(1) The defendant is charged with the crime of engaging in human trafficking by holding a person in debt bondage. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant recruited, enticed, harbored, transported, provided, or obtained [name complainant] to hold [him / her] in debt bondage.
(3) Second, that when the defendant recruited, enticed, harbored, transported, provided, or obtained [name complainant], the defendant knew that it was for the purpose of holding [name complainant] in debt bondage.
(4) “Debt bondage” includes, but is not limited to, a promise by [name complainant or person who had control over complainant] that [name complainant] would perform services to pay back a debt where the value of the services, or the nature of the services and the time that they are to be performed, is not spelled out or defined, or the value of the services is not applied to reduction of the debt. This is not an exhaustive list of the types of debt bondage.¹

[This crime is a 10-year offense that may be increased by aggravating factors. If the prosecution has charged one of those factors, the jury must be instructed under M Crim JI 36.5.]

Use Note

Debt bondage is defined in MCL 750.462a(d).

[AMENDED] M Crim JI 36.3

Human Trafficking: Knowingly Subjecting a Person to Forced Labor or Debt Bondage

(1) The defendant is charged with the crime of engaging in human trafficking by knowingly subjecting a person to [forced labor or services / debt bondage]. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant purposefully recruited, enticed, harbored, transported, provided, or obtained [name complainant] by any means.
(3) Second, that when the defendant recruited, enticed, harbored, transported, provided, or obtained [name complainant], the defendant knew that [name complainant] would be subjected to [perform forced labor or services / debt bondage].

[Provide appropriate definitions:]

(4) “Forced labor or services” are labor or services obtained or maintained by force, fraud, or coercion.

[Provide any or all of the following definitions, according to the evidence:]

These are examples of [force / fraud / coercion] and not an exhaustive list.

(5) “Debt bondage” includes, but is not limited to, a promise by [name complainant or person who had control over complainant] that [name complainant] would perform services to pay back a debt where the value of the services, or the nature of the services and the time that they are to be performed, is not spelled out or defined, or the value of the services is not applied to reduction of the debt. This is not an exhaustive list of the types of debt bondage.¹

[This crime is a 10-year offense that may be increased by aggravating factors. If the prosecution has charged one of those factors, the jury must be instructed under M Crim JI 36.5.]

Use Note

Debt bondage is defined in MCL 750.462a(d).

[AMENDED] M Crim JI 36.4

Human Trafficking: Participating in a Forced Labor, Debt Bondage, or Commercial Sex Enterprise for Financial Gain

(1) The defendant is charged with the crime of participating in an human-trafficking enterprise involving forced labor, debt bondage, or commercial sex for financial gain. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant participated in an enterprise that engaged in forced labor or services, debt bondage, or commercial sexual activity.
(3) Second, that the defendant knew that the enterprise was engaged in forced labor or services, debt bondage, or commercial sexual activity.
(4) Third, that the defendant benefited financially or received anything of value from [his / her] participation in the enterprise.
(5) I will now define some of the legal terminology that was used in this instruction.

[Provide appropriate definitions:]

(a) An “enterprise”¹ is an organization for conducting business and can 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 legal or illegal association of persons.
(b) “Forced labor or services”² are labor or services obtained or maintained by force, fraud, or coercion.

[Provide any or all of the following definitions, according to the evidence:]

(i) Force includes physical violence, restraint, or confinement, or threats of physical violence, restraint, or confinement. It does not matter if injury to [name complainant] occurred.
(ii) Fraud includes false or deceptive offers of employment or marriage.
(iii) Coercion includes [select any that apply]: (A) threats of harm or restraint to any person.

(B) using a [scheme / plan / pattern] intended to cause someone to think that [psychological harm / physical harm / harm to the person’s reputation] would result from failing to perform an act.
(C) abusing or threatening to abuse the legal system by threatening to have the person [arrested / deported], regardless of whether the person could be [arrested / deported].
(D) ([destroying / concealing / removing / confiscating / taking possession of] a any actual or purported [passport / immigration document / government identification document] from any person, even if the document was fraudulently obtained.
(E) facilitating or controlling access to [identify controlled substance(s) per MCL 333.7104] without a legitimate medical purpose.

These are examples of [force / fraud / coercion] and not an exhaustive list.

(c) “Debt bondage” includes, but is not limited to, a promise by [name complainant or person who had control over complainant] that [name complainant] would perform services to pay back a debt where the value of the services, or the nature of the services and the time that they are to be performed, is not spelled out or defined, or the value of the services is not applied to reduction of the debt. This is not an exhaustive list of the types of debt bondage.
(d) “Commercial sexual activity”³ means performing acts of sexual penetration or contact,⁴ child sexually abusive activity,⁵ or a sexually explicit performance.⁶

[This crime is a 10-year offense that may be increased by aggravating factors. If the prosecution has charged one of those factors, the jury must be instructed under M Crim JI 36.5.]

Use Notes

Enterprise is defined in MCL 750.159f(a).
Debt bondage is defined in MCL 750.462a(d).
~~Definitions of~~ cCommercial sexual activity ~~are found~~ is defined in MCL 750.462a(c).
Definitions of sexual penetration and sexual contact are found in MCL 750.520a.
Child sexually abusive activity is defined in MCL 750.145c(1) (n) as a child engaging in a “listed sexual act.” Listed sexual act is defined in MCL 750.145c(1)(i) as “sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, passive sexual involvement, sexual excitement, or erotic nudity.” Those terms, in turn, are each defined in MCL 750.145c(1), and the court may provide definitions where appropriate.
Sexually explicit performance is defined in MCL 722.673(g) as “a motion picture, video game, exhibition, show, representation, or other presentation that, in whole or in part, depicts nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse.”

[AMENDED] M Crim JI 36.4a

Human Trafficking: Participating in a Forced Labor or Commercial Sex Enterprise for Financial Gain or for Anything of Value with a Minor

(1) The defendant is charged with the crime of participating in an human-trafficking enterprise involving forced labor or services or commercial sexual activity with a minor for financial gain or for anything of value. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant participated in an enterprise that engaged in forced labor or services or commercial sexual activity involving a person or persons less than 18 years old. It does not matter whether defendant knew the age of the person or persons.
(3) Second, that the defendant knew that the enterprise was engaged in forced labor or services or commercial sexual activity with this person or persons.
(4) Third, that the defendant benefited financially or received anything of value from [his / her] participation in the enterprise.
(5) I will now define some of the legal terminology that was used in this instruction.

[Provide appropriate definitions:]

[Provide any or all of the following definitions, according to the evidence:]

(A) threats of harm or restraint to any person.
(B) using a [scheme / plan / pattern] intended to cause someone to think that [psychological harm / physical harm / harm to the person’s reputation] would result from failing to perform an act.
(C) abusing or threatening to abuse the legal system by threatening to have the person [arrested / deported], regardless of whether the person could be [arrested / deported].
(D) [destroying / concealing / removing / confiscating / taking possession of] a any actual or purported [passport / immigration document / government identification document] from any person, even if the document was fraudulently obtained.
(E) facilitating or controlling access to [identify controlled substance(s) per MCL 333.7104] without a legitimate medical purpose.

These are examples of [force / fraud / coercion] and not an exhaustive list.

(d) “Commercial sexual activity”³ means performing acts of sexual penetration or contact,⁴ child sexually abusive activity,⁵ or a sexually explicit performance.⁶

[This crime is a 20-year offense, and is not increased by other aggravating factors.]

Use Notes

Enterprise is defined in MCL 750.159f(a).
Debt bondage is defined in MCL 750.462a(d).
~~Definitions of~~ cCommercial sexual activity ~~are found~~ is defined in MCL 750.462a(c).
Definitions of sexual penetration and sexual contact are found in MCL 750.520a.
Child sexually abusive activity is defined in MCL 750.145c(1) (n) as a child engaging in a “listed sexual act.” Listed sexual act is defined in MCL 750.145c(1)(i) as “sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, passive sexual involvement, sexual excitement, or erotic nudity.” Those terms, in turn, are each defined in MCL 750.145c(1), and the court may provide definitions where appropriate.
Sexually explicit performance is defined in MCL 722.673(g) as “a motion picture, video game, exhibition, show, representation, or other presentation that, in whole or in part, depicts nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse.”

[AMENDED] M Crim JI 36.5

Human Trafficking: Aggravating Factors

(1) If you find that the defendant is guilty of engaging in human trafficking by [obtaining a person for forced labor or services / holding a person in debt bondage / knowingly subjecting a person to forced labor or services or debt bondage / participating in an enterprise involving forced labor, debt bondage, or commercial sex for financial gain], then you must decide whether the prosecutor has proved the following aggravating element[s] beyond a reasonable doubt:

[Select from the following. Proving a bodily injury under (5) below may be a lesser offense where serious bodily injury has been charged under (3).]

(2) That the violation involved

[Select one or more as warranted by the evidence:]

(a) kidnapping or attempted kidnapping of [name complainant]. “Kidnapping” means restraining someone for ransom, to use as a shield, to engage in criminal sexual conduct, to take out of the state, or to hold in involuntary servitude, or to engage in child sexually abusive activity when [name complainant] was less than 18 years old.¹
(b) first-degree criminal sexual conduct or attempted first-degree criminal sexual conduct of [name complainant]. First-degree criminal sexual conduct is sexual penetration of a person [provide particular elements that may apply from M Crim JI 20.3 through 20.11].
(c) an attempt to kill [name complainant].
(d) the death of [name complainant].

(3) That the violation resulted in serious bodily injury to [name complainant]. A serious bodily injury is any physical injury that requires medical treatment. It does not matter whether [name complainant] tried to get medical treatment.
(4) That the violation resulted in [name complainant] being engaged in commercial sexual activity. “Commercial sexual activity”¹² means performing acts of sexual penetration or contact,²³ child sexually abusive activity,³⁴ or a sexually explicit performance.⁴⁵
(5) [That the violation / You may also consider the less serious offense that the violation⁵⁶] resulted in bodily injury to [name complainant]. Bodily injury is any physical injury.

Use Notes

1. For an expanded definition of kidnapping, see M Crim JI 19.1.
12. ~~Definitions of~~ cCommercial sexual activity ~~are found~~ is defined in MCL 750.462a(c).
23. Definitions of sexual penetration and sexual contact are found in MCL 750.520a.
34. Child sexually abusive activity is defined in MCL 750.145c(1)(n) as a child engaging in a “listed sexual act.” Listed sexual act is defined in MCL 750.145c(1)(i) as “sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, passive sexual involvement, sexual excitement, or erotic nudity.” Those terms, in turn, are each defined in MCL 750.145c(1), and the court may provide definitions where appropriate.
45. Sexually explicit performance is defined in MCL 722.673(g) as “a motion picture, video game, exhibition, show, representation, or other presentation that, in whole or in part, depicts nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse.”
56. The lesser offense language only applies where “serious bodily injury” is charged and paragraph (3) is read to the jury.

[AMENDED] M Crim JI 36.6

Human Trafficking: Using Minors for Commercial Sexual Activity or for Forced Labor or Services

(1) The defendant is charged with the crime of engaging in human trafficking by using a minor for [commercial sexual activity / forced labor or services]. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

[Select (2) according to the charged conduct:]

(2) First, that the defendant recruited, enticed, harbored, transported, provided, or obtained [name complainant] for commercial sexual activity. “Commercial sexual activity”¹ means performing acts of sexual penetration or contact,² child sexually abusive activity,³ or a sexually explicit performance.⁴

(2) First, that the defendant recruited, enticed, harbored, transported, provided, or obtained [name complainant] to perform forced labor or services. “Forced labor or services” are labor or services obtained or maintained by force, fraud, or coercion.

[Provide any or all of the following definitions, as applicable:]

(ii) using a [scheme / plan / pattern] intended to cause someone to think that [psychological harm / physical harm / harm to the person’s reputation] would result from failing to perform an act.
(iii) abusing or threatening to abuse the legal system by threatening to have the person [arrested / deported], regardless of whether the person could be [arrested / deported].
(iv) [destroying / concealing / removing / confiscating / taking possession of] _aany actual or purported [passport / immigration document / government identification document] from any person, even if the document was fraudulently obtained.
(v) facilitating or controlling access to [identify controlled substance(s) per MCL 333.7104] without a legitimate medical purpose.

These are examples of [force / fraud / coercion] and not an exhaustive list.

(3) Second, that when the defendant recruited, enticed, harbored, transported, provided, or obtained [name complainant] [for commercial sexual purposes / to perform forced labor or services], [name complainant] was less than 18 years old, regardless of whether the defendant knew [he / she] was less than 18 years old.

(4) Third, that when the defendant recruited, enticed, harbored, transported, provided, or obtained [name complainant], the defendant intended that [name complainant] would perform [commercial sexual activity / forced labor or services], whether or not [commercial sexual activity / forced labor or service] was actually provided.

Use Notes

~~Definitions of~~ cCommercial sexual activity ~~are found~~ is defined in MCL 750.462a(c).
Definitions of sexual penetration and sexual contact are found in MCL 750.520a.
Child sexually abusive activity is defined in MCL 750.145c(1) (n) as a child engaging in a “listed sexual act.” Listed sexual act is defined in MCL 750.145c(1)(i) as “sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, passive sexual involvement, sexual excitement, or erotic nudity.” Those terms, in turn, are each defined in MCL 750.145c(1), and the court may provide definitions where appropriate.
Sexually explicit performance is defined in MCL 722.673(g) as “a motion picture, video game, exhibition, show, representation, or other presentation that, in whole or in part, depicts nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse.”

PROPOSED

The Committee proposes a new jury instruction, M Crim JI 37.8b (Using Position of Authority to Prevent Report of Child Abuse, Criminal Sexual Conduct, or Assault with Intent to Commit Criminal Sexual Conduct), to address the crime set forth in MCL 750.483a(1)(c), as amended by 2023 PA 49. This instruction is entirely new. Please note that the instruction previously designated as M Crim JI 37.8b has been renumbered as M Crim JI 37.8c (Retaliating for Crime Report).

[NEW] M Crim JI 37.8b

Using Position of Authority to Prevent Report of Child Abuse, Criminal Sexual Conduct, or Assault with Intent to Commit Criminal Sexual Conduct

(1) The defendant is charged with the crime of using [his / her] position of authority to prevent someone from reporting [child abuse / criminal sexual conduct / assault 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 held a position of professional authority over [name complainant].
(3) Second, that the defendant used [his / her] position of authority to prevent or attempt to prevent [name complainant] from reporting [child abuse / criminal sexual conduct / an assault with intent to commit criminal sexual conduct]¹ committed by [name perpetrator].
(4) Third, that when the defendant used [his / her] position of authority in this way, [he / she] intended to prevent [name complainant] from reporting [child abuse / criminal sexual conduct / an assault with intent to commit criminal sexual conduct] committed by [name perpetrator].²

Use Notes

MCL 750.483a(1)(c) applies only when the crime to be reported is a violation of MCL 750.136b (child abuse), MCL 750.520b (first-degree criminal sexual conduct), MCL 750.520c (second-degree criminal sexual conduct), MCL 750.520d (third-degree criminal sexual conduct), MCL 750.520e (fourth-degree criminal sexual conduct), or MCL 750.520g (assault with intent to commit criminal sexual conduct). The Committee on Model Criminal Jury Instructions believes that the question whether the conduct that was attempted to be reported amounted to a violation of these statutes is a question of law for the court to determine and that the elements of a crime attempted to be reported do not have to be proven. See People v Holley, 480 Mich 222; 747 NW2d 856 (2008).
This is a specific intent crime.

PROPOSED

The Committee proposes new jury instructions for five election-related crimes found in MCL 168.932(e)-(i): M Crim JI 43.7 (Marking or Altering Another Person’s Absentee Ballot), M Crim JI 43.7a (Possessing or Agreeing to Return an Absentee Ballot Mailed or Delivered to Another Person), M Crim JI 43.7b (Influencing or Attempting to Influence a Disabled Absentee Voter’s Vote), M Crim JI 43.7c (Influencing or Attempting to Influence an Absentee Voter While Voting), and M Crim JI 43.7d (Planning or Organizing a Meeting Where Absentee Voters Would Mark Their Ballots). These instructions are entirely new.

[NEW] M Crim JI 43.7

Marking or Altering Another Person’s Absentee Ballot

(1) The defendant is charged with the crime of opening, marking, altering, or substituting an absentee voter’s ballot.¹ To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant was in possession of an absentee voter ballot² that was mailed or delivered to [(identify absentee voter) / another person].
(3) Second, that the defendant was not legally involved in counting absentee ballots when in possession of the absentee voter ballot.
(4) Third, that the defendant

[Read any that apply:]

(a) opened the envelope containing the ballot.
(b) marked the ballot in some way.
(c) altered the ballot in any way.
(d) substituted a ballot for the one in [his / her] possession.

[(5) Fourth, that when the defendant marked the ballot, the defendant was not assisting an absentee voter who was disabled or otherwise unable to mark the ballot by marking the ballot as directed by the absentee voter.]³

Use Notes

The statute, MCL 168.932, references “absent voter” and “absent voter ballot,” as does the definitional statute, MCL 168.2. The Committee on Model Criminal Jury Instructions believes that the common parlance for such voters and ballots is the word “absentee,” as in “absentee voter” and “absentee voter ballot.” Because the statutory phrasing could be confusing as suggesting a missing person or ballot rather than a person who is engaged in voting but merely not present at the voting polls or a ballot sent to such a person, the term “absentee” has been used in these instructions.
Absent voter ballot is defined in MCL 168.2(b) as “a ballot that is issued to a voter through the absent voter process.” That process is described in MCL 168.759.
Paragraph (5) may be omitted if there is no evidence that the defendant marked the ballot as directed by an absentee voter who was disabled or otherwise unable to mark the ballot. The terms disabled and otherwise unable to a mark the ballot are not defined in the Michigan Election Act or any applicable statute.

[NEW] M Crim JI 43.7a

Possessing or Agreeing to Return an Absentee Ballot Mailed or Delivered to Another Person

(1) The defendant is charged with the crime of [possessing an absentee ballot mailed or delivered to another person / returning, offering, or agreeing to return an absentee ballot to a clerk’s office].¹ To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant [was in possession of an absentee voter ballot² that was mailed or delivered to ([identify absentee voter] / another person) / (returned / offered or agreed to return) another person’s absentee ballot to the clerk of (identify city, village, or township)].
(3) Second, that when the defendant [possessed / returned, offered, or agreed to return] the absentee voter’s ballot, it was not the defendant’s ballot and [he / she] was not a member of [identify absentee voter]’s household or immediate family,³ a mail handler in the course of employment, or a clerk or assistant clerk conducting the election.

Use Notes

The statute, MCL 168.932, references “absent voter” and “absent voter ballot,” as does the definitional statute, MCL 168.2. The Committee on Model Criminal Jury Instructions believes that the common parlance for such voters and ballots is the word “absentee,” as in “absentee voter” and “absentee voter ballot.” Because the statutory phrasing could be confusing as suggesting a missing person or ballot rather than a person who is engaged in voting but merely not present at the voting polls or a ballot sent to such a person, the term “absentee” has been used in these instructions.
Absent voter ballot is defined in MCL 168.2(b) as “a ballot that is issued to a voter through the absent voter process.” That process is described in MCL 168.759. In light of the statute’s complexity in describing the number of ways a ballot may be obtained, whether a document is a legitimate absentee ballot appears to be a legal question for the court.
MCL 168.2(o) provides that immediate family “means an individual’s father, mother, son, daughter, brother, sister, and spouse and a relative of any degree residing in the same household as that individual.” MCL 168.932(f) includes the following persons as also being immediate family: father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.

[NEW] M Crim JI 43.7b

Influencing or Attempting to Influence a Disabled Absentee Voter’s Vote

(1) The defendant is charged with the crime of influencing or attempting to influence a disabled absentee voter’s vote.¹ To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that [name disabled absentee voter] was an absentee voter² who had a right to vote in the [date of election] election.
(3) Second, that [name disabled absentee voter] was disabled or otherwise unable to mark a ballot.₃
(4) Third, that the defendant assisted [name disabled absentee voter] in marking [his / her] ballot.
(5) Fourth, that while doing so, the defendant [suggested to (name disabled absentee voter) how to vote / attempted to influence (name disabled absentee voter)’s vote / allowed another person to suggest to (name disabled absentee voter) how to vote / allowed another person to attempt to influence (name disabled absentee voter)’s vote].
(6) Fifth, that the defendant [intended / knew another person intended] to influence how [name disabled absentee voter] voted while assisting [him / her] in marking the ballot.

Use Notes

The statute, MCL 168.932, references “absent voter” and “absent voter ballot,” as does the definitional statute, MCL 168.2. The Committee on Model Criminal Jury Instructions believes that the common parlance for such voters and ballots is the word “absentee,” as in “absentee voter” and “absentee voter ballot.” Because the statutory phrasing could be confusing as suggesting a missing person or ballot rather than a person who is engaged in voting but merely not present at the voting polls or a ballot sent to such a person, the term “absentee” has been used in these instructions.
In MCL 168.2(a) of the Michigan Election Law Act, the phrase absentee voter means “a voter who utilizes the process described in section 759.” MCL 168.759 describes the process for becoming an absentee voter. That statute references a registered voter, which is described in MCL 168.509t(1) as “a person who is a qualified elector in this state and who registers to vote in a manner consistent with the national voter registration act of 1993.” MCL 168.10(1) provides that a qualified elector “means a person who possesses the qualifications of an elector as prescribed in section 1 of article II of the state constitution of 1963 and who has resided in the city or township 30 days.” Mich Const 1963 art 2, §1, defines elector as “[e] very citizen of the United States who has attained the age of 21 years, who has resided in this state six months, and who meets the requirements of local residence provided by law.” US Const amend XXVI, §1, provides, “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.”
The terms disabled and otherwise unable to mark the ballot are not defined in the Michigan Election Act or any applicable statute.

[NEW] M Crim JI 43.7c

Influencing or Attempting to Influence an Absentee Voter’s Vote

(1) The defendant is charged with the crime of influencing or attempting to influence an absentee voter’s vote.¹ To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that [name absentee voter] was an absentee voter² who had a right to vote in the [date of election] election.
(3) Second, that the defendant was present when [name absentee voter] was marking [his / her] absentee ballot.
(4) Third, that while [name absentee voter] was marking [his / her] absentee ballot, the defendant suggested to [name absentee voter] how to vote or attempted to influence [name absentee voter]’s vote.
(5) Fourth, that the defendant intended to influence how [name absentee voter] voted while [he / she] was marking [his / her] absentee ballot.

Use Notes

The statute, MCL 168.932, references “absent voter” and “absent voter ballot,” as does the definitional statute, MCL 168.2. The Committee on Model Criminal Jury Instructions believes that the common parlance for such voters and ballots is the word “absentee,” as in “absentee voter” and “absentee voter ballot.” Because the statutory phrasing could be confusing as suggesting a missing person or ballot rather than a person who is engaged in voting but merely not present at the voting polls or a ballot sent to such a person, the term “absentee” has been used in these instructions.
In MCL 168.2(a) of the Michigan Election Law Act, the phrase absentee voter means “a voter who utilizes the process described in section 759.” MCL 168.759 describes the process for becoming an absentee voter. That statute references a registered voter, which is described in MCL 168.509t(1) as “a person who is a qualified elector in this state and who registers to vote in a manner consistent with the national voter registration act of 1993.” MCL 168.10(1) provides that a qualified elector “means a person who possesses the qualifications of an elector as prescribed in section 1 of article II of the state constitution of 1963 and who has resided in the city or township 30 days.” Mich Const 1963 art 2, §1, defines elector as “[e]very citizen of the United States who has attained the age of 21 years, who has resided in this state six months, and who meets the requirements of local residence provided by law.” US Const amend XXVI, §1, provides, “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.”

[NEW] M Crim JI 43.7d

Planning or Organizing a Meeting to Where Absentee Voters Would Mark Their Ballots

(1) The defendant is charged with the crime of planning or organizing a meeting where absentee voters would mark their ballots.¹ To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant planned or organized a meeting for absentee voters² to mark their absentee voter ballots for the [date of election] election.
(3) Second, that the defendant intended that absentee voters would mark their ballots for the [date of election] at that meeting.

Use Notes

The statute, MCL 168.932, references “absent voter” and “absent voter ballot,” as does the definitional statute, MCL 168.2. The Committee on Model Criminal Jury Instructions believes that the common parlance for such voters and ballots is the word “absentee,” as in “absentee voter” and “absentee voter ballot.” Because the statutory phrasing could be confusing as suggesting a missing person or ballot rather than a person who is engaged in voting but merely not present at the voting polls or a ballot sent to such a person, the term “absentee” has been used in these instructions.
In MCL 168.2(a) of the Michigan Election Law Act, the phrase absentee voter means “a voter who utilizes the process described in section 759.” MCL 168.759 describes the process for becoming an absentee voter. That statute references a registered voter, which is described in MCL 168.509t(1) as “a person who is a qualified elector in this state and who registers to vote in a manner consistent with the national voter registration act of 1993.” MCL 168.10(1) provides that a qualified elector “means a person who possesses the qualifications of an elector as prescribed in section 1 of article II of the state constitution of 1963 and who has resided in the city or township 30 days.” Mich Const 1963 art 2, §1, defines elector as “[e]very citizen of the United States who has attained the age of 21 years, who has resided in this state six months, and who meets the requirements of local residence provided by law.” US Const amend XXVI, §1, provides, “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.”

The Committee on Model Criminal Jury Instructions has adopted amendments to M Crim JI 11.38 (Felon Possessing Firearm or Ammunition: Nonspecified Felony) and M Crim JI 11.38a (Felon Possessing Firearm or Ammunition: Specified Felony) to account for recent legislative changes to MCL 750.224f. The Committee has also adopted M Crim JI 11.38b (Prohibited Person Possessing Firearm or Ammunition: Misdemeanor Involving Domestic Violence), an entirely new instruction based on the same statute. The amended instructions and the new instruction will take effect on September 1, 2026.

[AMENDED] M Crim JI 11.38

Felon Possessing Firearm or Ammunition: Nonspecified Felony

(1) 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:
(2) First, that the defendant knowingly [possessed / used / transported / sold / distributed / received / carried / shipped / purchased¹] [a firearm / ammunition²] in this state.³
(3) Second, that at that time, the defendant had previously been convicted of [name felony].⁴

[Use the following paragraph only if the defendant offers some evidence that more than three years had passed since completion of the sentence on the underlying offense:]

(4) 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].⁵

Use Notes

Purchase or receipt of ammunition is not barred under the statute.
Ammunition is defined in MCL 750.224f(10)(a) as “any projectile that, in its current state, may be expelled from a firearm by an explosive.”
The prosecutor need not prove that the firearm was “operable.” People v Peals, 476 Mich 636, 656; 720 NW2d 196 (2006).
The judge, not the jury, determines whether the charged prior offense is a “felony” as defined in MCL 750.224f(10)(b), a “misdemeanor involving domestic violence” as defined in MCL 750.224f(10)(c), or a more serious “specified felony” as defined in MCL 750.224f(10)(d). The jury determines whether the defendant has in fact been convicted of that charged prior offense. For prosecutions involving a “specified felony,” use M Crim JI 11.38a. For prosecutions involving a “misdemeanor involving domestic violence,” use M Crim JI 11.38b. The defendant may stipulate that he or she was convicted of an offense to avoid the court identifying that specific offense and the prosecutor offering proof of that offense. See People v Swint, 225 Mich App 353; 572 NW2d 666 (1997) (citing Old Chief v United States, 519 US 172 (1997)).
The judge’s determination of the character of the offense as explained in Use Note 4 will determine whether the prohibition extends for three years, five years, or eight years. Under subsections (1) and (3) of MCL 750.224f, the three-year period applies to crimes defined in subsection (10)(b) as felonies. Under subsections (2) and (4), the five-year ban applies to crimes defined as “specified” felonies in subsection (10)(d). Under subsection (5), the eight-year ban applies to crimes defined in subsection (10)(c) as misdemeanors involving domestic violence.
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 the burden of proof where a defendant submits evidence that he or she was licensed to carry a concealed weapon).

[NEW] M Crim JI 11.38b

Prohibited Person Possessing Firearm or Ammunition: Misdemeanor Involving Domestic Violence

(1) The defendant is charged with possession of [a firearm / ammunition] after having been convicted of a misdemeanor involving domestic violence. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant knowingly [possessed / used / sold / distributed / received / carried / shipped / transported / purchased]¹ [a firearm / ammunition²] in this state.³
(3) Second, that at that time, the defendant had previously been convicted of [name specified misdemeanor involving domestic violence].⁴

[Use the following paragraph only if the defendant offers some evidence that more than eight years had passed since completion of the sentence on the underlying offense:]

(4) Third, that less than eight years had passed since [all fines were paid / all imprisonment was served / all terms of (probation / parole) were successfully completed].⁵

Use Notes

Although MCL 750.224f(5) prohibits the “purchase” or “receipt” of ammunition, MCL 750.224f(7) does not indicate the penalty for this conduct.
Ammunition is defined in MCL 750.224f(10)(a) as “any projectile that, in its current state, may be expelled from a firearm by an explosive.”
The prosecutor need not prove that the firearm was “operable.” People v Peals, 476 Mich 636, 656; 720 NW2d 196 (2006).
The judge, not the jury, determines whether the charged prior offense is a “felony” as defined in MCL 750.224f(10)(b), a “misdemeanor involving domestic violence” as defined in MCL 750.224f(10)(c), or a more serious “specified felony” as defined in MCL 750.224f(10)(d). The jury determines whether the defendant has in fact been convicted of that charged prior offense. For prosecutions involving a “nonspecified felony,” use M Crim JI 11.38. For prosecutions involving a “specified felony,” use M Crim JI 11.38a. The defendant may stipulate that he or she was convicted of an offense to avoid the court identifying that specific offense and the prosecutor offering proof of that offense. See People v Swint, 225 Mich App 353; 572 NW2d 666 (1997) (citing Old Chief v United States, 519 US 172 (1997)).
The judge’s determination of the character of the offense as explained in Use Note 4 will determine whether the prohibition extends for three years, five years, or eight years. Under subsections (1) and (3) of MCL 750.224f, the three-year period applies to crimes defined in subsection (10)(b) as felonies. Under subsections (2) and (4), the five-year ban applies to crimes defined as “specified” felonies in subsection (10)(d). Under subsection (5), the eight-year ban applies to crimes defined in subsection (10) (c) as misdemeanors involving domestic violence.

The Committee on Model Criminal Jury Instructions has adopted two new instructions, M Crim JI 11.45 (Engaging in Computer-Assisted Shooting) and M Crim JI 11.45a (Providing or Offering to Provide Animals, Equipment, or Facilities for Computer-Assisted Shooting), to address the crimes set forth in MCL 750.236a and MCL 750.236b. These instructions are entirely new and will take effect on September 1, 2026.

[NEW] M Crim JI 11.45

Using Computer Assistance for Shooting an Animal

(1) (The defendant is charged with the crime of computer-assisted shooting of an animal. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant used a [firearm / bow / crossbow]¹ to kill an animal. It does not matter whether the animal was located in Michigan.
(3) Second, that the defendant used a computer or any other device, equipment, or software to remotely control the aiming and discharge of the [firearm / bow / crossbow].²

Use Notes

Use “firearm” if the defendant is charged with violating MCL 750.236a(1)(a). Use “bow” or “crossbow” if the defendant is charged with violating MCL 750.236b(1)(a).
MCL 750.236a(2)(a) and MCL 750.236b(2)(a) define computer-assisted shooting identically.

[NEW] M Crim JI 11.45a

Providing or Offering to Provide Animals, Equipment, or Facilities for Computer-Assisted Shooting

(1) (The defendant is charged with the crime of providing or offering to provide animals, equipment, or facilities for computer-assisted shooting. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant

[Select from the following according to the charges and evidence:]

(a) provided or offered to provide an animal for computer-assisted remote shooting.
(b) provided or offered to provide equipment specifically designed or adapted for computer-assisted shooting. Such equipment does not include general-purpose computers, software,¹ devices for accessing the Internet,² cameras, fencing, building materials, or [firearms / bows / crossbows].³ The equipment must be specially designed or adapted to aim and discharge a [firearm / bow / crossbow] remotely at an animal.
(c) provided or operated facilities for computer-assisted remote shooting that are equipped to facilitate computer-assisted shooting of animals, including real estate and buildings, hunting blinds, and offices or rooms that have equipment specifically designed or adapted for computer-assisted shooting.

It does not matter whether or not the defendant was going to be paid for providing the [animal / equipment / facilities].

(3) Second, that the defendant intended to provide the [animal / equipment / facilities] to facilitate the killing of [the / an] animal by a [firearm / bow / crossbow] that could be aimed and discharged remotely using a computer or any other device, equipment, or software.

Use Notes

Under MCL 750.236a(1)(c)(ii) and MCL 750.236b(1)(c)(ii), a person is not prohibited from providing or offering to provide “[g]eneral-purpose computer software, including an operating system and communications programs.”
Under MCL 750.236a(1)(c)(iii) and MCL 750.236b(1)(c)(iii), a person is not prohibited from providing or offering to provide “[g]eneral telecommunications hardware or networking services for computers, including adapters, modems, servers, routers, and other facilities associated with internet access.”
Use “firearm” if the defendant is charged with violating MCL 750.236a(1)(b)-(d). Use “bow” or “crossbow” if the defendant is charged with violating MCL 750.236b(1)(b)-(d).

The Committee on Model Criminal Jury Instructions has adopted a new instruction, M Crim JI 15.18b (Moving Violation in a Work Zone or School Bus Zone Causing Death or Injury), for the offense set forth in MCL 257.601b. This instruction will serve as a companion to M Crim JI 15.18a, which applies to violations of MCL 257.601b occurring before certain statutory changes took effect on April 2, 2025. The new instruction will apply to offenses committed on or after that date. It will take effect on September 1, 2026.

[NEW] M Crim JI 15.18b

Moving Violation in a Work Zone or School Bus Zone Causing Death or Injury [Use for Acts Occurring on or After April 2, 2025]

(1) [The defendant is charged with the crime / You may consider the lesser charge¹] of committing a moving traffic violation in a [work / school bus] zone that caused [the death of / an injury to] a person. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant operated a motor vehicle.² To operate means to drive or have actual physical control of the vehicle.
(3) Second, that, while operating the motor vehicle, the defen-dant committed a moving violation by [describe the moving violation that carries a 3 or more point penalty under MCL 257.320a].
(4) Third, that when [he / she] committed the violation, the defendant was in a [work / school bus] zone:

[Select from the following:]

(a) A work zone is a portion of a street or highway that is open to vehicular traffic, adjacent to a [barrier / berm / lane / shoulder] where [construction / maintenance / public utility work / reconstruction / repair / resurfacing / surveying] is being conducted by one or more individuals, and is between a sign notifying the beginning of work and [an “end road work” sign / the last temporary traffic control device before the normal flow of traffic resumes].³
(b) A work zone is a portion of a street or highway that is open to vehicular traffic, adjacent to a [barrier / berm / lane / shoulder] where [construction / maintenance / public utility work / reconstruction / repair / resurfacing / or surveying] is being conducted by one or more individuals, and is between a “begin work convoy” sign and an “end work convoy” sign.
(c) If work activities were conducted by a work crew using a moving or stationary vehicle exhibiting a rotating beacon or strobe light, a work zone is a portion of a street or highway that is open to vehicular traffic, adjacent to a [barrier / berm / lane / shoulder] where [construction / maintenance/ public utility work / reconstruction / repair / resurfacing / surveying] is being conducted by one or more individuals, and is between the following points:

(i) 150 feet behind the rear of the vehicle or the point from which the beacon or strobe light is first visible on the street or highway behind the vehicle, whichever is the point closest to the vehicle, and
(ii) 150 feet in front of the front of the vehicle or the point from which the beacon or strobe light is first visible on the street or highway in front of the vehicle, whichever is the point closest to the vehicle.

(d) A “school bus zone” is the area within 20 feet of a school bus that has stopped and is displaying two alternately flashing red lights at the same level.⁴

(5) Fourth, that by committing the moving violation, the defendant caused [the death of (name deceased) / (name injured person) to suffer an injury5]. To cause [the death of (name deceased) / such injury to (name injured person)], the defendant’s moving violation must have been a factual cause of the [death / injury], that is, but for committing the moving violation, the [death / injury] would not have occurred. In addition, the [death / injury] must have been a direct and natural result of committing the moving violation.

[(6) Fifth, that the [death / injury] was not caused by the negligence of [(name deceased) / (name injured person)] in the [work / school bus] zone.

Negligence is the failure to use ordinary care like a reasonably careful person would do under the circumstances. It is up to you to decide what a reasonably careful person would or would not do.6]7

Use Notes

Use when instructing on this crime as a lesser offense.
The term motor vehicle is defined in MCL 257.33.
The term work zone is defined in MCL 257.79d.
A school bus zone is defined in MCL 257.601b(5)(c) and does not include the opposite side of a divided highway per MCL 257.682(2).
The word injury is not statutorily defined.
This definition of negligence is drawn generally from M Civ JI 10.02 (Negligence of Adult – Definition).
Read this paragraph only where the defense has introduced evidence of negligence by the deceased or injured person. This appears to be an affirmative defense.

The Committee on Model Criminal Jury Instructions has adopted amendments to M Crim JI 20.10 (Personal Injury-Complainant Mentally Incapable, Mentally Incapacitated, or Physically Helpless), M Crim JI 20.11 (Sexual Act with Mentally Incapable, Mentally Disabled, Mentally Incapacitated, or Physically Helpless Person by Relative or One in Authority), and M Crim JI 20.22 (Complainant Mentally Incapable, Mentally Incapacitated, or Physically Helpless). The amendments account for a recent change to the statutory definition of “mentally incapacitated.” See MCL 750.520a(k), as amended by 2023 PA 65. The amended instructions are effective September 1, 2026.

[AMENDED] M Crim JI 20.10

Personal Injury-Complainant Mentally Incapable, Mentally Incapacitated, or Physically Helpless

(1) [Second / Third], that the defendant caused personal injury to [name complainant].
(2) “Personal injury” means bodily injury, disfigurement, chronic pain, pregnancy, disease, loss or impairment of a sexual or reproductive organ, or mental anguish. “Mental anguish” means extreme pain, extreme distress, or extreme suffering, either at the time of the event or later as a result of it.
[(3) Here are some things you may think about in deciding whether (name complainant) suffered mental anguish:

(a) Was (name complainant) upset, crying, or hysterical during or after the event?
(b) Did (he / she) need psychological treatment?
(c) Did the incident interfere with (name complainant)’s ability to work or lead a normal life?
(d) Was (name complainant) afraid that (he / she) or someone else would be hurt or killed?
(e) Did (he / she) feel angry or humiliated?
(f) Did (he / she) need medication for anxiety, insomnia, or other symptoms?
(g) Did the emotional effects of the incident last a long time?
(h) Did (name complainant) feel scared afterward about the possibility of being attacked again?
(i) Was the defendant (name complainant)’s parent?

(4) These are not the only things you should think about. No single factor is necessary. You must think about all the facts and circumstances to decide whether (name complainant) suffered mental anguish.]¹
(5) [Third / Fourth], the prosecutor must prove that [name complainant] was [mentally incapable / mentally incapacitated / physically helpless]² at the time of the alleged act.

[Choose one or more of (a), (b), or (c):]

Use Notes

Use this instruction in conjunction with M Crim JI 20.1, Criminal Sexual Conduct in the First Degree; M Crim JI 20.2, Criminal Sexual Conduct in the Second Degree; or M Crim JI 20.18, Assault with Intent to Commit Criminal Sexual Conduct in the Second Degree (Contact).

Paragraphs (3) and (4) are discretionary. If used, both paragraphs must be given together. The factors listed are taken from People v Petrella, 424 Mich 221, 270-271; 380 NW2d 11 (1985).
MCL 750.520a provides the definitions of mentally incapable, mentally incapacitated, and physically helpless.
This sentence does not need to be read where the consumption of an intoxicating substance is not at issue.

[AMENDED] M Crim JI 20.11

Sexual Act with Mentally Incapable, Mentally Disabled, Mentally Incapacitated, or Physically Helpless Person by Relative or One in Authority

(1) [Second / Third], that [name complainant] was [mentally incapable / mentally disabled / mentally incapacitated / physically helpless]¹ at the time of the alleged act.

[Choose one or more of (a), (b), (c), or (d):]

(a) “Mentally incapable” means that [name complainant] was suffering from a mental disease or defect that made [him / her] incapable of appraising either the physical or moral nature of [his / her] conduct.
(b) “Mentally disabled” means that [name complainant] had a mental illness, was intellectually disabled, or had a developmental disability. “Mental illness” is a substantial disorder of thought or mood that significantly impairs judgment, behavior, or the ability to recognize reality and deal with the ordinary demands of life. “Intellectual disability” means significantly subaverage intellectual functioning that appeared before [name complainant] was 18 years old and impaired two or more of [his / her] adaptive skills.² “Developmental disability” means an impairment of general thinking or behavior that originated before the age of 18, had continued since it started or can be expected to continue indefinitely, was a substantial burden to [name complainant]’s ability to function in society, and was caused by [intellectual disability as described / cerebral palsy / epilepsy / autism / an impairing condition requiring treatment and services similar to those required for intellectual disability].
(c) “Mentally incapacitated” means that [name complainant] was unable to understand or control what [he / she] was doing because of [drugs / alcohol / (identify intoxicant) / something done to (him / her) without (his / her) consent]. [It does not matter if (name complainant) voluntarily consumed the (drugs / alcohol / [identify intoxicant]).]³
(d) “Physically helpless” means that [name complainant] was unconscious, asleep, or physically unable to communicate that [he / she] did not want to take part in the alleged act.

[Choose the appropriate option according to the charge and the evidence:]

(2) [Third / Fourth], that the defendant and [name complainant] were related to each other, either by blood or marriage, as [state relationship, e.g., first cousins].⁴
(3) [Third / Fourth], that at the time of the alleged act, the defendant was in a position of authority over [name complainant] and used this authority to coerce [name complainant] to submit to the sexual acts alleged. It is for you to decide whether, under the facts and circumstances of this case, the defendant was in a position of authority.

Use Notes

MCL 750.520a provides the definitions of developmental disability, intellectual disability, mental illness, mentally disabled, mentally incapable, mentally incapacitated, and physically helpless.
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 one or more of the following areas:

(a) Communication.
(b) Self-care.
(c) Home living.
(d) Social skills.
(e) Community use.
(f) Self-direction.
(g) Health and safety.
(h) Functional academics.

(i) Leisure
(ii) Work.

3. This sentence does not need to be read where the consumption of an intoxicating substance is not at issue.
4. The following are relatives of a person to the fourth degree of consanguinity:

First degree of consanguinity:

Parents
Children

Second degree of consanguinity:

Brothers and sisters
Grandchildren
Grandparents

Third degree of consanguinity:

Great grandchildren
Great grandparents
Aunts and uncles
Nephews and nieces

Fourth degree of consanguinity:

Great-great grandchildren
Great-great grandparents
Grand aunts and uncles
First cousins
Grand nephews and nieces

[AMENDED] M Crim JI 20.22

Complainant Mentally Incapable, Mentally Incapacitated, or Physically Helpless

(1) [Fifth / Sixth], that [name complainant] was [mentally incapable / mentally incapacitated / physically helpless] at the time of the alleged act.¹

[Choose one or more of (a), (b), or (c):]

(2) [Sixth / Seventh], that the defendant knew or should have known that [name complainant] was [mentally incapable / mentally incapacitated / physically helpless] at the time of the alleged act.

Use Notes

Use this instruction in conjunction with M Crim JI 20.17, Assault with Intent to Commit Criminal Sexual Conduct Involving Penetration.

MCL 750.520a provides the definitions of mentally incapable, mentally incapacitated, and physically helpless.
This sentence does not need to be read where the consumption of an intoxicating substance is not at issue.