423.56	TRESPASS IN THE FIRST DEGREE:  BUILDING OR INHABITABLE STRUCTURE
	(As to Count _____, if) (If) you find and believe from the evidence beyond a reasonable doubt:
(First) T(t)hat (on) (on or about) [date], in the State of Missouri, the defendant knowingly (entered) (remained) unlawfully (in) (a building) (an inhabitable structure) located at [Briefly describe the location.] and (owned) (possessed) by [name of owner or possessor], (and,)
(Second, that defendant purposely targeted [Identify victim.] [Insert one of the following.  Omit brackets and number.]
	[1]	because [Identify victim.] was a law enforcement officer.
	[2]	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,)
then you will find the defendant guilty (under Count _____) of trespass in the first degree.
	However, unless you find and believe from the evidence beyond a reasonable doubt each and all of these propositions, you must find the defendant not guilty of that offense.

Notes on Use
	1.	Section 569.140, RSMo Cum. Supp. 2019.  This is a revision of MAI‑CR 4th 423.56 (7-1-17).  This instruction 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 submit 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.	When the state has charged trespass in the first degree as a class A misdemeanor under Section 569.140.1, RSMo Cum. Supp. 2019, because the victim was targeted as a law enforcement officer or a relative of a law enforcement officer, include paragraph Second.
	5.	The following terms, if used in the instruction, may be defined by the Court on its own motion and must be defined upon written request in proper form by the state or by the defendant:
			"enter unlawfully" or "remain unlawfully,"
			"inhabitable structure,"
			"knowingly,"
			"law enforcement officer,"
			"possessed,"
			"purposely."
	The definition of "law enforcement officer" is from Section 556.061, RSMo 2016.  
	See MAI-CR 4th 433.00.
	6.	For a discussion on the submission of lesser included offenses and lesser degree offenses, see MAI-CR 4th 404.11(G).
	7.	See Chapter 405 series of instructions if the issue of punishment is to be submitted to the jury in a bifurcated proceeding.