Chapter 40: Public Order and Disorderly Person
MCrim JI 40.1 Disturbing the Peace
(1)The defendant is charged with disturbing the peace. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2)First, that the defendant was [in a (tavern / grocery / store / business place / manufacturing establishment / street, lane, alley, or highway / public building) / at (a park / an election / a public meeting where people were lawfully assembled)].
(3)Second, that the defendant intentionally [engaged in conduct that threatened public safety / threatened violence to other persons / disrupted the peace and quiet of other persons present / interfered with the ability of other persons to perform legal actions or duties].1 The defendant must have intentionally engaged in conduct that went beyond stating [his / her] position or opinion, or the mere expression of ideas.2
Use Note
1 People v Mash, 45 Mich App 459; 206 NW2d 767 (1973); People v Weinberg, 6 Mich App 345; 149 NW2d 248 (1967). Select any that are supported by the evidence.
2 People v Vandenberg, 307 Mich App 57 (2014).
History
MCrimJI 40.1 was adopted in June 2021.
Reference Guide
Statutes
MCL 750.170.
MCrim JI 40.2 Disturbing Religious Meetings
(1)The defendant is charged with disturbing a religious meeting. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2)First, that a religious meeting was held or was going to be held on private property at [describe location].
(3)Second, that the defendant knew that people were meeting or were going to meet to pursue the exercise of religion at that location.
[Select appropriate alternative(s):]
(4)Third, that the defendant entered or attempted to enter the property with the intent to disrupt the meeting.
(5)Third, that the defendant remained or attempted to remain on the property with the intent to disrupt the meeting after being instructed to leave.
(6)Third, that the defendant obstructed or attempted to obstruct the entrance to or exit from the property with the intent to prevent or disrupt the meeting.
History
MCrimJI 40.2 was adopted in June 2021.
Reference Guide
Statutes
MCL 750.169.
MCrim JI 40.3 Disturbing Others at a Funeral
(1)The defendant is charged with disturbing people at a funeral. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2)First, that [a funeral, memorial service, or viewing of a deceased person / a funeral procession or burial] was taking place [in / at] [describe location].
(3)Second, that the defendant was within 500 feet of that [building / location].
[Select appropriate alternative(s):]
(4)Third, that the defendant intentionally made a statement or gesture, or engaged in conduct that would make a reasonable person attending that funeral, memorial service or viewing, procession, or burial feel intimidated, threatened or harassed.
(5)Third, that the defendant made a statement or gesture or engaged in conduct intending to incite or result in a breach of the peace, and that [his / her] statement, gesture, or conduct caused a breach of the peace among those attending the funeral, memorial service or viewing, procession, or burial.
The peace is breached when public safety is threatened, when violence is threatened, when the peace and quiet of other persons present is disrupted, or when there is interference with the ability of other persons to perform legal actions or duties.
(6)Third, that the defendant made a statement or gesture, or engaged in conduct intending to disrupt that funeral, memorial service or viewing, procession, or burial and did disrupt that funeral, memorial service or viewing, procession, or burial.
History
MCrimJI 40.3 was adopted in June 2021.
Reference Guide
Statutes
MCL 750.167d.
MCrim JI 40.4 Furnishing Alcohol to a Minor
(1) Defendant is charged with the crime of selling or furnishing alcohol to a minor. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2)First, that the defendant knowingly sold or furnished1 alcohol to [name minor complainant].
(3)Second, that [name minor complainant] was under 21 years of age.
(4)Third, that when defendant sold or furnished the alcohol, the defendant knew that [name minor complainant] was under 21 years of age or failed to make diligent inquiry2 to determine whether [name minor complainant] was under 21 years of age by inspecting [name minor complainant]’s pictured identification.
[Where the aggravating element has been charged under MCL 436.1701(2):]
(5)Fourth, that the consumption of the alcohol obtained by [name minor complainant] was a direct and substantial cause of [(name minor complainant)’s death / an accidental injury that caused (name minor complainant)’s death].
Use Note
1 People v Neumann, 85 Mich 98, 102; 48 NW 290 (1891), provided a definition of furnishing: “letting a minor have liquor.”
2 Diligent inquiry is further defined in MCL 436.1701(11)(b).
History
Adopted December 2023.
MCrim JI 40.5 Public Intoxication
(1)The defendant is charged with the crime of being intoxicated in public and causing a disturbance or endangering persons or property. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2)First, that the defendant was in a place open to the public, [state location].
(3)Second, that the defendant was intoxicated. A person is intoxicated when he or she is mentally or physically impaired as a result of consuming an intoxicating substance, such as an alcoholic beverage or other substances.1
(4)Third, that the defendant [directly endangered the safety of another person or property / disrupted the peace and quiet of other persons / interfered with the ability of other persons to perform actions or duties permitted by law].2
Use Note
See People v Mash, 45 Mich App 459; 206 NW2d 767 (1973), and People v Weinberg, 6 Mich App 345; 149 NW2d 248 (1967), for public disturbance language.
1 The court may provide other examples where appropriate.
2 The court may read any of the alternatives that apply to the prosecutor’s theory of the case that are supported by the evidence.
History
M Crim JI 40.5 was adopted June 2023.
Reference Guide
Statutes
MCL 750.167(e)
Cases
People v Mash, 45 Mich App 459; 206 NW2d 767 (1973), and People v Weinberg, 6 Mich App 345; 149 NW2d 248 (1967).
MCrim JI 40.6 Indecent or Obscene Conduct
(1)The defendant is charged with the crime of indecent or obscene conduct. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2)First, that the defendant was in a public place at [identify location].
(3)Second, that while at [identify location], the defendant performed an act of [(describe sexual conduct by the defendant) / (describe other conduct alleged to have been indecent or obscene)].
(4)Third, that the defendant’s conduct was shocking to the sensibilities of a reasonable person, was outside of reasonable societal standards of decency, and would be offensive to a reasonable person.
History
M Crim JI 40.6 was adopted March 2024.
Reference Guide
Statutes
MCL 750.167(f).
MCrim JI 40.7 Loitering Where Prostitution Is Practiced
(1)The defendant is charged with the crime of loitering where acts of prostitution were taking place. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2)First, that acts of prostitution were allowed or being committed at [provide location where prostitution was being performed].
An act of prostitution is sexual conduct with another person for a fee or something of value.
(3)Second, that the defendant was present at that location and the defendant knew or learned that prostitution was allowed or being committed there.
(4)Third, that the defendant remained at [provide location of illegal conduct] without a lawful purpose1 knowing that prostitution was allowed or being committed there.
Use Note
Lawful purposes could include, among other things, gathering information to report illegal conduct to the police or attempting to dissuade persons engaging in illegal conduct from continuing their illegal activity.
History
M Crim JI 40.7 was adopted October 2024.
Reference Guide
Statutes
MCL 750.167(1)(i).
MCrim JI 40.7a Loitering Where an Illegal Occupation or Business Is Practiced or Conducted
(1)The defendant is charged with the crime of loitering where an illegal occupation or business was being practiced or conducted. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2)First, that [identify illegal occupation or business]1 was being practiced or conducted at [provide location].
(3) Second, that the defendant was present at that location and the defendant knew or learned that [illegal occupation or business] was being practiced or conducted.
(4)Third, that the defendant remained at [provide location] without a lawful purpose2 knowing that [illegal occupation or business] was being practiced or conducted there.
Use Note
Whether an occupation or business is illegal appears to be a question that is decided by the court. Whether that occupation or business was occurring at the location alleged is a question of fact for the jury.
Lawful purposes could include, among other things, gathering information to report an illegal business to the police or attempting to dissuade persons engaging in an illegal occupation from continuing their illegal activity.
History
M Crim JI 40.7a was adopted October 2024.
Reference Guide
Statutes
MCL 750.167(1)(j).
MCrim JI 40.8 Failure to Report a Dead Body
(1) The defendant is charged with the crime of failing to report a dead body. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that [identify deceased person] died on or before [date of offense].
(3) Second, that the defendant discovered [identify deceased person]’s body.
(4) Third, that the defendant knew or reasonably should have known that [identify deceased person] was dead on discovering the body.
(5) Fourth, that the defendant failed to inform a law enforcement agency, a funeral home, or a 9-1-1 operator that [he / she] discovered the body.
(6) Fifth, that the defendant failed to report [his / her] discovery of the body to conceal the fact that [identify deceased person] had died or to conceal the cause of [identify deceased person]’s death.]1
[(6) / (7)] [Fifth / Sixth], that the defendant did not know or have reason to know whether a law enforcement agency, a funeral home, or a 9-1-1 operator had already been informed of the presence of the dead body.2
Use Note
Read this paragraph only where the prosecutor has charged and provided evidence of this aggravating factor under MCL 333.2841(3).
The Committee on Model Criminal Jury Instructions believes that a claim under the second sentence of MCL 333.2841(2) that the defendant knew or had reason to know that a law enforcement agency, a funeral home, or a 9-1-1 operator had already been informed of the location of the body is an affirmative defense, requiring evidence to support the claim. Read this paragraph only where the defendant asserts the defense and there is evidence to support the claim.
History
This instruction was adopted in June 2024 and originally numbered as M Crim JI 40.12. It was renumbered as M Crim JI 40.8 in December 2025.
Reference Guide
Statutes
MCL 333.2841(2) and (3)
M Crim JI 40.12 Failure to Report a Dead Body [renumbered M Crim JI 40.8]
[M Crim JI 40.12 was adopted in June 2024 and renumbered as M Crim JI 40.8 in December 2025.]