Supreme Court of Missouri
en banc

In re: Additions and Revisions to MACH-CR 2d and MAI-CR 4th




MAI-CR 4th 406.06 JUSTIFICATION: USE OF FORCE IN SELF-DEFENSE

    (Instruction - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 406.08 JUSTIFICATION: USE OF PHYSICAL FORCE IN DEFENSE OF THIRD PERSONS

    (Instruction - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 406.10 JUSTIFICATION: USE OF FORCE IN SELF-DEFENSE WHILE IN A DWELLING, RESIDENCE OR VEHICLE

    (Instruction - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 408.14 RIGHT OF DEFENDANT OR SPOUSE TO REFRAIN FROM TESTIFYING

    (Instruction - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 410.10 IMPEACHMENT OF DEFENDANT BY CONVICTION OF "UNRELATED OFFENSES" SHOWN SOLELY FOR THE PURPOSE OF IMPEACHMENT

    (Instruction - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 410.12 OTHER OFFENSES BY DEFENDANT TO SHOW INTENT, ETC., AND, IN ADDITION, FOR IMPEACHMENT WHERE HE OR SHE TESTIFIES

    (Notes on Use - Revision)


MAI-CR 4th 410.13    DEFENDANT’S PRIOR CRIMINAL ACTS IN PROSECUTIONS OF SEXUAL OFFENSES INVOLVING A VICTIM UNDER EIGHTEEN

    (Instruction - New)
    (Notes on Use - New)


MAI-CR 4th 414.02 MURDER IN THE FIRST DEGREE

    (Instruction - Revision)
    (Notes on Use - Revision)


MACH-CR 2d 14.02 MURDER IN THE FIRST DEGREE

    (Charge - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 414.10 INVOLUNTARY MANSLAUGHTER IN THE FIRST DEGREE

    (Instruction - Revision)
    (Notes on Use - Revision)


MACH-CR 2d 14.10 INVOLUNTARY MANSLAUGHTER IN THE FIRST DEGREE

    (Charge - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 414.12 INVOLUNTARY MANSLAUGHTER IN THE SECOND DEGREE

    (Instruction - Revision)
    (Notes on Use - Revision)


MACH-CR 2d 14.12 INVOLUNTARY MANSLAUGHTER IN THE SECOND DEGREE

    (Charge - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 414.30 OPENING INSTRUCTION AT THE SECOND STAGE OF TRIAL: AFTER A FINDING OF GUILTY OF MURDER IN THE FIRST DEGREE WHEN THE DEATH PENALTY WAS NOT WAIVED

    (Notes on Use - Revision)


MAI-CR 4th 414.31 SECOND INSTRUCTION: AFTER A FINDING OF GUILTY OF MURDER IN THE FIRST DEGREE WHEN THE DEATH PENALTY WAS NOT WAIVED

    (Instruction - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 414.32 GUILTY OF MURDER IN THE FIRST DEGREE: EXPLANATION OF ORDER OF PROCEEDINGS WHEN EVIDENCE WILL BE PRESENTED

    (Notes on Use - Revision)


MAI-CR 4th 414.33 GUILTY OF MURDER IN THE FIRST DEGREE: EXPLANATION OF ORDER OF PROCEEDINGS WHEN EVIDENCE WILL NOT BE PRESENTED

    (Notes on Use - Revision)


MAI-CR 4th 414.38 GUILTY OF MURDER IN THE FIRST DEGREE: INTELLECTUAL DISABILITY OF DEFENDANT

    (Instruction - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 414.40 GUILTY OF MURDER IN THE FIRST DEGREE: STATUTORY AGGRAVATING CIRCUMSTANCES: FINDING REQUIRED FOR DEATH PENALTY

    (Instruction - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 414.44 GUILTY OF MURDER IN THE FIRST DEGREE: EVIDENCE IN AGGRAVATION AND MITIGATION OF PUNISHMENT

    (Instruction - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 414.46 GUILTY OF MURDER IN THE FIRST DEGREE: FINAL DECISION ON THE PUNISHMENT

    (Instruction - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 414.48 GUILTY OF MURDER IN THE FIRST DEGREE: VERDICT MECHANICS

    (Instruction - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 414.49 ARGUMENT OF COUNSEL: AFTER A FINDING OF GUILTY OF MURDER IN THE FIRST DEGREE

    (Notes on Use - Revision)


MAI-CR 4th 414.58 VERDICT FORMS: SECOND STAGE

    (Instruction - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 414.60 FIRST INSTRUCTION AT THE SECOND STAGE OF TRIAL: AFTER A FINDING OF GUILTY OF MURDER IN THE FIRST DEGREE WHEN THE DEFENDANT IS UNDER THE AGE OF EIGHTEEN YEARS (WHETHER OR NOT THE STATE IS SEEKING LIFE WITHOUT PAROLE)

    (Instruction - New)
    (Notes on Use - New)


MAI-CR 4th 414.62 EXPLANATION OF ORDER OF PROCEEDINGS AFTER A FINDING OF GUILTY OF MURDER IN THE FIRST DEGREE WHEN THE DEFENDANT IS UNDER THE AGE OF EIGHTEEN YEARS AND EVIDENCE WILL BE PRESENTED (WHETHER OR NOT THE STATE IS SEEKING LIFE WITHOUT PAROLE)

    (Instruction - New)
    (Notes on Use - New)


MAI-CR 4th 414.63 EXPLANATION OF ORDER OF PROCEEDINGS AFTER A FINDING OF GUILTY OF MURDER IN THE FIRST DEGREE WHEN THE DEFENDANT IS UNDER THE AGE OF EIGHTEEN YEARS AND EVIDENCE WILL NOT BE PRESENTED (WHETHER OR NOT THE STATE IS SEEKING LIFE WITHOUT PAROLE)

    (Instruction - New)
    (Notes on Use - New)


MAI-CR 4th 414.64 GUILTY OF MURDER IN THE FIRST DEGREE WHEN THE DEFENDANT IS UNDER THE AGE OF EIGHTEEN YEARS: INJURIES INFLICTED BY DEFENDANT (WHEN THE STATE IS SEEKING LIFE WITHOUT PAROLE)

    (Instruction - New)
    (Notes on Use - New)


MAI-CR 4th 414.66 GUILTY OF MURDER IN THE FIRST DEGREE WHEN THE DEFENDANT IS UNDER THE AGE OF EIGHTEEN YEARS: STATUTORY AGGRAVATING CIRCUMSTANCES (WHEN THE STATE IS SEEKING LIFE WITHOUT PAROLE)

    (Instruction - New)
    (Notes on Use - New)


MAI-CR 4th 414.68 GUILTY OF MURDER IN THE FIRST DEGREE WHEN THE DEFENDANT IS UNDER THE AGE OF EIGHTEEN YEARS: FACTORS TO CONSIDER IN DETERMINING PUNISHMENT (WHETHER OR NOT THE STATE IS SEEKING LIFE WITHOUT PAROLE)

    (Instruction - New)
    (Notes on Use - New)


MAI-CR 4th 414.70A VERDICT MECHANICS AT THE SECOND STAGE OF TRIAL: AFTER A FINDING OF GUILTY OF MURDER IN THE FIRST DEGREE WHEN THE DEFENDANT IS UNDER THE AGE OF EIGHTEEN YEARS (WHEN THE STATE IS SEEKING LIFE WITHOUT PAROLE)

    (Instruction - New)
    (Notes on Use - New)


MAI-CR 4th 414.70B VERDICT MECHANICS AT THE SECOND STAGE OF TRIAL: AFTER A FINDING OF GUILTY OF MURDER IN THE FIRST DEGREE WHEN THE DEFENDANT IS UNDER THE AGE OF EIGHTEEN YEARS (WHEN THE STATE IS NOT SEEKING LIFE WITHOUT PAROLE)

    (Instruction - New)
    (Notes on Use - New)


MAI-CR 4th 414.72 ARGUMENT OF COUNSEL: AFTER A FINDING OF GUILTY OF MURDER IN THE FIRST DEGREE WHEN THE DEFENDANT IS UNDER THE AGE OF EIGHTEEN YEARS (WHETHER OR NOT THE STATE IS SEEKING LIFE WITHOUT PAROLE)

    (Instruction - New)
    (Notes on Use - New)


MAI-CR 4th 414.74A VERDICT FORMS: AT THE SECOND STAGE OF TRIAL: AFTER A FINDING OF GUILTY OF MURDER IN THE FIRST DEGREE WHEN THE DEFENDANT IS UNDER THE AGE OF EIGHTEEN YEARS (WHEN THE STATE IS SEEKING LIFE WITHOUT PAROLE)

    (Instruction - New)
    (Notes on Use - New)


MAI-CR 4th 414.74B VERDICT FORMS: AT THE SECOND STAGE OF TRIAL: AFTER A FINDING OF GUILTY OF MURDER IN THE FIRST DEGREE WHEN THE DEFENDANT IS UNDER THE AGE OF EIGHTEEN YEARS (WHEN THE STATE IS NOT SEEKING LIFE WITHOUT PAROLE)

    (Instruction - New)
    (Notes on Use - New)


MACH-CR 2d 19.40 STALKING IN THE FIRST DEGREE

    (Charge - Revision)
    (Notes on Use - Revision)


MACH-CR 2d 19.42 STALKING IN THE SECOND DEGREE

    (Instruction - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 419.72 DOMESTIC ASSAULT IN THE FIRST DEGREE: KNOWINGLY CAUSED SERIOUS PHYSICAL INJURY

    (Instruction - Revision)


MAI-CR 4th 419.73 DOMESTIC ASSAULT IN THE FIRST DEGREE: ATTEMPT TO KILL OR CAUSE SERIOUS PHYSICAL INJURY

    (Instruction - Revision)


MAI-CR 4th 419.74 DOMESTIC ASSAULT IN THE SECOND DEGREE

    (Instruction - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 419.76 DOMESTIC ASSAULT IN THE THIRD DEGREE

    (Instruction - Revision)


MAI-CR 4th 419.78 DOMESTIC ASSAULT IN THE FOURTH DEGREE: PHYSICAL INJURY, PHYSICAL PAIN, ILLNESS OR CONTACT

    (Instruction - Revision)


MAI-CR 4th 419.79 DOMESTIC ASSAULT IN THE FOURTH DEGREE: ISOLATION

    (Instruction - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 420.50.1 SEXUAL MISCONDUCT INVOLVING A CHILD BY INDECENT EXPOSURE

    (Instruction - Revision)
    (Notes on Use - Revision)


MACH-CR 2d 20.50.1 SEXUAL MISCONDUCT INVOLVING A CHILD BY INDECENT EXPOSURE

    (Charge - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 420.50.2 SEXUAL MISCONDUCT INVOLVING A CHILD BY COERCION OR INDUCEMENT

    (Instruction - Revision)
    (Notes on Use - Revision)


MACH-CR 2d 20.50.2 SEXUAL MISCONDUCT INVOLVING A CHILD BY COERCION OR INDUCEMENT

    (Charge - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 420.52.1 SEXUAL MISCONDUCT IN THE FIRST DEGREE BY INDECENT EXPOSURE

    (Instruction - Revision)
    (Notes on Use - Revision)


MACH-CR 2d 20.52.1 SEXUAL MISCONDUCT IN THE FIRST DEGREE BY INDECENT EXPOSURE

    (Charge - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 420.52.2 SEXUAL MISCONDUCT IN THE FIRST DEGREE BY PUBLIC SEXUAL ACTIVITY

    (Instruction - Revision)
    (Notes on Use - Revision)


MACH-CR 2d 20.52.2 SEXUAL MISCONDUCT IN THE FIRST DEGREE BY PUBLIC SEXUAL ACTIVITY

    (Charge - Revision)
    (Notes on Use - Revision)


MAI-CR 4th 420.54 SEXUAL MISCONDUCT IN THE SECOND DEGREE

    (Instruction - New)
    (Notes on Use - New)


MACH-CR 2d 20.54 SEXUAL MISCONDUCT IN THE SECOND DEGREE

    (Instruction - New)
    (Notes on Use - New)


MAI-CR 4th 433.00 DEFINITIONS – SPECIFIC

    (Instruction – Revision)



1. Missouri Approved Charges – Criminal, Second Edition (MACH-CR 2d), as listed above, having been prepared by the Committee on Procedure in Criminal Cases and reviewed by the Court, is hereby adopted and approved. The charges, forms, and Notes on Use for MACH-CR 2d, as set forth in the specific exhibits attached hereto, must be used and followed on and after July 1, 2018, and may be used and followed prior thereto, and any such use shall not be presumed to be error.

2. Missouri Approved Instructions – Criminal, Fourth Edition (MAI-CR 4th), as listed above, having been prepared by the Committee on Procedure in Criminal Cases and reviewed by the Court, is hereby adopted and approved. The instructions, forms, and Notes on Use for MAI-CR 4th, as set forth in the specific exhibits attached hereto, must be used and followed on and after July 1, 2018, and may be used and followed prior thereto, and any such use shall not be presumed to be error.

3. It is further ordered that the above Table of Instructions and this Order, without the specific exhibits attached hereto, be published in the Journal of The Missouri Bar and the South Western Reporter.