The Committee on Model Criminal Jury Instructions has adopted two new instructions, M Crim JI 11.30a (Manufacture, Sale, or Possession of Semiautomatic Firearm Conversion Device) and M Crim JI 11.30b (Demonstrating How to Manufacture or Install Semiautomatic Firearm Conversion Device), to address the crimes set forth in MCL 750.224e. These instructions are entirely new and will take effect on December 1, 2026.
[NEW] M Crim JI 11.30a
Manufacture, Sale, or Possession of Semiautomatic Firearm Conversion Device
(1) The defendant is charged with the crime of [manufacturing / selling / distributing / possessing / attempting to (manufacture / sell / distribute / possess)] a device to convert a semiautomatic firearm into a fully automatic firearm. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant [manufactured1 / sold2 / distributed / possessed / attempted to (manufacture / sell / distribute / possess)] a device that was [designed / intended to be used] to convert a semiautomatic firearm into a fully automatic firearm.
A “firearm” includes any weapon that will, is designed to, or may readily be converted to expel a projectile by action of an explosive.3
A “fully automatic firearm” uses gas pressure or force of recoil to mechanically eject an empty cartridge from the firearm after a shot and to load the next cartridge from the magazine without renewed pressure on the trigger for each successive shot.4
A “semiautomatic firearm,” in contrast, requires the shooter to renew pressure on the trigger for every shot.5
(3) Second, that at the time [he / she] [manufactured / sold / distributed / possessed / attempted to (manufacture / sell / distribute / possess)] the conversion device, the defendant knew that it was [designed / intended to be used] to convert a semiautomatic firearm into a fully automatic firearm.
[(4) Third, that when the defendant (manufactured / sold / distributed / possessed / attempted to [manufacture / sell / distribute / possess]) the conversion device, (he / she) was not acting in the course of (his / her) official duties as (an employee / a member) of (identify law enforcement agency or branch of the armed services).]6
[(5) [Third / Fourth], that the defendant did not lawfully obtain possession of the conversion device as a licensed collector on or before March 27, 1991.]7
Use Notes
1. When appropriate, define this term using M Crim JI 11.31, Definition of Manufacture.
2. When appropriate, define this term using M Crim JI 11.32, Definition of Sell.
3. Firearm is defined in MCL 750.222(e).
4. Fully automatic firearm is defined in MCL 750.224e(4)(a).
5. Semiautomatic firearm is defined in MCL 750.224e(4)(c).
6. Use the bracketed material in this paragraph only when there is evidence that the defendant is an employee or member of a law enforcement agency or a branch of the armed services. See MCL 750.224e(3)(a)-(d).
7. Use the bracketed material in this paragraph only when there is evidence that the defendant is a licensed collector and he or she is not charged with manufacturing, selling, or distributing the conversion device. See MCL 750.224e(3)(e). Licensed collector is defined in MCL 750.224e(4)(b).
[NEW] M Crim JI 11.30b
Demonstrating How to Manufacture or Install Semiautomatic Firearm Conversion Device
(1) The defendant is charged with the crime of [demonstrating / attempting to demonstrate] how to [manufacture / install] a device to convert a semiautomatic firearm into a fully automatic firearm. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant [demonstrated / attempted to demonstrate] to [another person / (name person)] how to [manufacture1 / install] a device to convert a semiautomatic firearm into a fully automatic firearm.
A “firearm” includes any weapon that will, is designed to, or may readily be converted to expel a projectile by action of an explosive.2
A “fully automatic firearm” uses gas pressure or force of recoil to mechanically eject an empty cartridge from the firearm after a shot and to load the next cartridge from the magazine without renewed pressure on the trigger for each successive shot.3
A “semiautomatic firearm,” in contrast, requires the shooter to renew pressure on the trigger for every shot.4
(3) Second, that at the time of the [demonstration / attempted demonstration], the defendant knew that the device would convert a semiautomatic firearm into a fully automatic firearm.
[(4) Third, that when the defendant (conducted / attempted to conduct) this demonstration, (he / she) was not acting in the course of (his / her) official duties as (an employee / a member) of (identify law enforcement agency or branch of the armed services).]5
[(5) [Third / Fourth], that the defendant did not lawfully obtain possession of the conversion device as a licensed collector on or before March 27, 1991.]6
Use Notes
1. When appropriate, define this term using M Crim 11.31, Definition of Manufacture.
2. Firearm is defined in MCL 750.222(e).
3. Fully automatic firearm is defined in MCL 750.224e(4)(a).
4. Semiautomatic firearm is defined in MCL 750.224e(4)(c).
5. Use the bracketed material in this paragraph only when there is evidence that the defendant is an employee or member of a law enforcement agency or a branch of the armed services. See MCL 750.224e(3)(a)-(d).
6. Use the bracketed material in this paragraph only when there is evidence that the defendant is a licensed collector and charged pursuant to MCL 750.224e(1)(b). Licensed collector is defined in MCL 750.224e(4)(b).
The Committee on Model Criminal Jury Instructions has amended M Crim JI 17.6 (Assault and Infliction of Serious Injury) to make the mens rea element more consistent with MCL 750.81a(1), as well as to account for the Legislature’s recent addition of an enhanced fine for aggravated assaults against healthcare professionals. The amended instruction will take effect on December 1, 2026.
[AMENDED] M Crim JI 17.6
Assault and Infliction of Serious Injury (Aggravated Assault)
(1) [The defendant is charged with the crime of / You may also consider the lesser charge of1] assault and infliction of serious injury. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant [assaulted2 / assaulted and battered]3 [name complainant].
A battery is the forceful, violent, or offensive touching of a person or something closely connected with him or her.4 The touching must have been intended by the defendant, that is, not accidental, and it must have been against [name complainant]’s will.
An assault is an attempt to commit a battery or an act that would cause a reasonable person to fear or apprehend an immediate battery. The defendant must have intended either to commit a battery or to make [name complainant] reasonably fear an immediate battery.5 [An assault cannot happen by accident.] At the time of an assault, the defendant must have had the ability to commit a battery, or must have appeared to have the ability, or must have thought [he / she] had the ability.
(3) Second, that the [assault / assault and battery] caused a serious or aggravated injury. A serious or aggravated injury is a physical injury that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body.6
(4) Third, that the assault occurred when (name complainant) was performing (his / her) duties as a health professional or medical volunteer, and the defendant was not a patient receiving treatment from (name complainant).7]
Use Notes
1. Use when instructing on this crime as a lesser included offense.
2. Rarely, serious injury will result from an attempt to frighten. In that instance, a further or substitute instruction on assault should be given: “An assault is also any forceful or violent act done with the intention of frightening someone else. The act must be such as would cause a reasonable person to be afraid of being injured.”
3. Use either or both as warranted by the evidence.
4. If the victim’s consent or nature of the touching is at issue, use of M Crim JI 17.14, Definition of Force and Violence, or M Crim JI 17.15, Definition of Touching, is recommended.
5. All assaults are specific intent crimes. People v Johnson, 407 Mich 196; 284 NW2d 718 (1979).
6. This definition of serious or aggravated injury was approved in People v Norris, 236 Mich App 411, 415 n3; 600 NW2d 658 (1999).
7. Read this element when the prosecution seeks the enhanced fine under MCL 750.81a(1). See Southern Union Co v United States, 567 US 343, 356 (2012). Health professional and medical volunteer are defined in MCL 750.81a(5).
The Committee on Model Criminal Jury Instructions has adopted an entirely new instruction, M Crim JI 20.16b (Mental Health Professional), for fourth-degree criminal sexual conduct arising out of a patient-therapist relationship. See MCL 750.520e(1)(e). The Committee has also amended M Crim JI 20.13 (Criminal Sexual Conduct in the Fourth Degree) to cross-reference the new instruction. Both the new instruction and the amended instruction will take effect on December 1, 2026.
[NEW] M Crim JI 20.16b
Mental Health Professional
(1) Third, that the defendant was a mental health professional, that is, [he / she] was [a physician / a psychologist / authorized to engage in the practice of (nursing / social work at the master’s level / counseling / marriage and family therapy)] and had training and experience in the area of mental illness or developmental disabilities.1
(2) Fourth, that the touching occurred during the time when [name complainant] was the defendant’s [client / patient] or no more than two years after the end of their professional relationship.2
[(3) Fifth, that (name complainant) was not the defendant’s spouse when the touching occurred.]3
(4) It does not matter whether [name complainant] gave consent when the defendant [touched (him / her) / made, permitted, or caused (name complainant) to touch (him / her)].
Use Notes
Use this instruction only in conjunction with M Crim JI 20.13, Criminal Sexual Conduct in the Fourth Degree.
1. MCL 750.520a(g) defines mental health professional by incorporating the definition found in MCL 330.1100b.
2. MCL 750.520e(1)(e) directs that “[a] prosecution under this subsection shall not be used as evidence that the victim is mentally incompetent.”
3. Use this paragraph only when there is a question of fact concerning whether the defendant and the complainant were married at the time of the alleged sexual contact.
[AMENDED] M Crim JI 20.13
Criminal Sexual Conduct in the Fourth Degree
(1) The defendant is charged with the crime of fourth-degree 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 intentionally [touched (name complainant)’s / made, permitted, or caused (name complainant) to touch (his / her)] [genital area / groin / inner thigh / buttock / (or) breast] or the clothing covering that area.
(3) Second, that when the defendant [touched (name complainant) / made, permitted, or caused (name complainant) to touch (him / her)] it could reasonably be construed as being done for any of these reasons:
(a) for sexual arousal or gratification,
(b) for a sexual purpose, or
(c) in a sexual manner for
(i) revenge or
(ii) to inflict humiliation or
(iii) out of anger.
(4) [Follow this instruction with M Crim JI 20.14a, M Crim JI 20.14b, M Crim JI 20.14c, M Crim JI 20.14d, M Crim JI 20.15, M Crim JI 20.16, M Crim JI 20.16a, or M Crim JI 20.16b as warranted by the charges and evidence.]
Use Note
Use this instruction where the facts describe an offensive touching not included under criminal sexual conduct in the second degree.