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Entering Without Permission

CJI2d 25.4 Michigan Criminal Jury Instructions - Elements of the crime.

Entering Without Owner's Permission

(1) [The defendant is charged with the crime of (B&E, Home Invasion, etc.) You may also consider the lesser charge of] entering a building without the owner's permission. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant entered a building[*]. It does not matter whether the defendant got [his / her] entire body inside. If the defendant put any part of [his / her] body into the building, that is enough to count as an entry.

(3) Second, that the defendant did this without first getting permission to enter from someone who had authority to give permission.

Case Law: Entry without permission statute is not applicable to owner/landlord who enters without tenant's permission. People v D'Angelo, 208 Mich App 417 (1995).

Penalty under Michigan Codified Law (Statutory law)

750.115 Breaking and entering or entering without breaking; buildings, tents, boats, railroad cars; entering public buildings when expressly denied.

Sec. 115.

(1) Any person who breaks and enters or enters without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use, or any private apartment therein, or any cottage, clubhouse, boat house, hunting or fishing lodge, garage or the out-buildings belonging thereto, any ice shanty with a value of $100.00 or more, or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner or occupant, agent, or person having immediate control thereof, is guilty of a misdemeanor (93 days in jail).

(2) Subsection (1) does not apply to entering without breaking, any place which at the time of the entry was open to the public, unless the entry was expressly denied. Subsection (1) does not apply if the breaking and entering or entering without breaking was committed by a peace officer or an individual under the peace officer's direction in the lawful performance of his or her duties as a peace officer.

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