Ill. Pattern Jury Instr. (Criminal) 16.12A

To sustai

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

following proposition:

That the defendant [(knowingly) (intentionally) (recklessly)] remained [(on the land)

(in a building other than a residence)] of another after receiving notice from the [(owner)

(occupant)] to depart.

[or]

That the de

fendant, after entering, in or on a motor vehicle, the [(field that is [capable of

being] used for growing crops) (enclosed area containing livestock) (orchard) (barn or other

agricultural building containing livestock)], [(knowingly) (intentionally) (recklessly)] remained

there after receiving notice from the [(owner) (occupant)] to depart.

If you find from your consideration of all the evidence that this proposition has been

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

If you find from your consideration of all the evidence that this proposition 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.

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