423.60	TRESPASS IN THE SECOND DEGREE:  LESSER INCLUDED OFFENSE
	(As to Count _____, if) (If) you find and believe from the evidence beyond a reasonable doubt:
That (on) (on or about) [date], in the State of Missouri, the defendant entered unlawfully upon real property located at [Briefly describe location.] and (owned) (possessed) by [name of owner or possessor],
then you will find the defendant guilty (under Count _____) of trespass in the second 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.
	If you do find the defendant guilty (under Count _____) of trespass in the second degree, you will return a verdict finding defendant guilty of trespass in the second degree.

Notes on Use
	1.	Section 569.150, RSMo 2016.  This is a revision of MAI-CR 3d 323.60 (10-1-98).  This instruction applies to offenses committed on or after January 1, 2017.
	2.	Trespass in the second degree is classified as an infraction.  A jury trial is not normally authorized for an infraction except when it is submitted to the jury as a lesser included offense or a lesser degree offense under Section 556.046, RSMo 2016.  In that case, this instruction should be submitted to the jury without a punishment range.
	3.	For a discussion on the submission of lesser included offenses and lesser degree offenses, see MAI-CR 4th 404.11(G).
	4.	The following terms 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,"
			"possessed."
See MAI-CR 4th 433.00.
	5.	See Chapter 405 series of instructions if the issue of punishment is to be submitted to the jury in a bifurcated proceeding.