Ill. Pattern Jury Instr. (Criminal) 16.12

To sustai

n the charge of criminal trespass to real property, the State must prove the

following propositions:

First Proposition: That the defendant [(knowingly) (intentionally) (recklessly)] entered

[(upon the land) (a building other than a residence)] of another [or any part thereof]; and

Second Proposition: That prior to the entry, the defendant received notice from the [

(owner) (occupant)] of the [(land) (building other than a residence)] that such entry is

forbidden.

[or]

First Pro

position: That the defendant [(knowingly) (intentionally) (recklessly)] entered,

in or on a motor vehicle, [(a field that is [capable of being] used for growing crops) (an enclosed

area containing livestock) (an orchard) (a barn or other agricultural building c ontaining

livestock)]; and

Second Proposition: That prior to the entry, the defendant received notice from the [

(owner) (occupant)] of the [(field that is [capable of being] used for growing crops) (enclosed

area containing livestock) (orchard) (barn or other agricultural building containing livestock)]

that such entry is forbidden.

If you find from your consideration of all the evidence that each one of these propositions

has been proved beyond a reasonable doubt, you should find the defendant guilty.

If you find from your consideration of all the evidence that any one of these propositions

has not been proved beyond a reasonable doubt, you should find the defendant not guilty.

Committe

e Note

720 ILCS 5/

21-3 (West, 1992) (formerly Ill.Rev.Stat. ch. 38, §21 -3 (1991))<us>;

amended by P.A. 89-346, effective January 1, 1996</us>.

Give I

nstruction 16.11.

Although Se

ction 21- 3 does not include a mental state, the Committee provided three

alternative mental states pursuant to People v. Grant, 101 Ill.App.3d 43, 47- 48, 427 N.E.2d 810,

814, 56 Ill.Dec. 478, 482 (1st Dist.1981), which held that Section 4- 3 incorporates a mental state

requirement into this offense. See 720 ILCS 5/4- 3(b) (West, 1992) (formerly Ill.Rev.Stat. ch. 38,

§4-3(b) (1991)). Select the mental state consistent with the charge. If the charging instrument

alleges the existence of more than one mental state, the same alternative mental states may be

included in the instruction. See the Committee Note to Instruction 5.01A regarding the

applicable mental state.

Use appli

cable bracketed material.

When acc

ountability is an issue, ordinarily insert the phrase “or one for whose conduct he

is legally responsible” after the word “defendant” in each proposition. See Instruction 5.03.

_______________________________________________________________

_______________________________________________________________________________________________________________________