23.56	TRESPASS IN THE FIRST DEGREE 
	The (Grand Jurors) (Circuit Attorney) (Prosecuting Attorney) of the (City) (County) of _______, State of Missouri, charge(s) that the defendant, in violation of Section 569.140, RSMo, committed the class (A) (B) misdemeanor of trespass in the first degree, punishable upon conviction under Sections 558.002 and 558.011, RSMo, in that (on) (on or about) [date], in the (City) (County) of _______, State of Missouri, [Insert one of the following.  Omit brackets and number.] 
		[1]	the defendant knowingly (entered) (remained) unlawfully in (a building) (an inhabitable structure) located [Briefly identify location.] and (owned) (possessed) by [name of owner or possessor] (.) (, and [Identify victim.] was purposely targeted (as a law enforcement officer) (because [Identify victim.] was the (spouse) (parent) (child) (sibling) (grandparent) (grandchild) (stepchild) (stepmother) (stepfather) (mother-in-law) (father-in-law) (stepbrother) (stepsister) (brother-in-law) (sister-in-law) (step grandchild) (step grandparent) of [Identify law enforcement officer.], a law enforcement officer)).
		[2]	the defendant knowingly (entered) (remained) unlawfully upon real property located at [Briefly identify location.] and (owned) (possessed) by [name of owner or possessor], (which said real property was (fenced) (enclosed) in a manner designed to exclude intruders) (notice against trespass upon said real estate having been given by (actual communication to defendant) (posting in a manner reasonably likely to come to the attention of intruders) (.) (, and [Identify victim.] was purposely targeted (as a law enforcement officer) (because [Identify victim.] was the (spouse) (parent) (child) (sibling) (grandparent) (grandchild) (stepchild) (stepmother) (stepfather) (mother-in-law) (father-in-law) (stepbrother) (stepsister) (brother-in-law) (sister-in-law) (step grandchild) (step grandparent) of [Identify law enforcement officer.], a law enforcement officer)).

Notes on Use
	1.	Section 569.140, RSMo Cum. Supp. 2019.  This is a revision of MACH-CR 2d 23.56 (1-1-17).  This charge applies to offenses committed on or after August 28, 2017.
	2.	Under Section 569.140.1, RSMo Cum. Supp. 2019, trespass in the first degree is a class B misdemeanor unless the victim is intentionally targeted as a law enforcement officer, as defined in Section 556.061(32), RSMo 2016, or the victim is targeted because the victim is a relative of a law enforcement officer within the second degree of consanguinity or affinity, in which case it is a class A misdemeanor.  Section 569.140.3, RSMo Cum. Supp. 2019.  In 2018, Section 569.140.3, RSMo, was amended to provide that trespass in the first degree is enhanced to a class E felony if the building or real property that is entered or remained in or upon unlawfully is part of a nuclear power plant.  This form does not hypothesize the class E felony offense of trespass in the first degree.  To charge the class E felony, you will need to draft your own form.
	3.	Consanguinity relationships are relative by blood.  Affinity relationships are by marriage or adoption.  First and second degree relatives consist of spouse, parent, child, sibling, grandparent, and grandchild.
	4.	Section 569.145, RSMo 2016, provides that the owner or lessee of real property may give notice against trespass by placing identifying purple paint marks on trees or posts around the area to be posted.
	5.	See Supplemental Notes on Use under MACH-CR 2d 1.00 and 2.00.