Order dated June 30, 2021, re: Addition, Revisions and Withdrawals to MACH-CR 2d and MAI-CR 4th

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Supreme Court of Missouri
en banc

June 30, 2021
Effective January 1, 2022


In re: Addition, Revisions and Withdrawals to MACH-CR 2d and MAI-CR 4th


TABLE OF CHARGES AND INSTRUCTIONS

MACH-CR 2d 1.00    SUPPLEMENTAL NOTES ON USE
(Notes on Use – Revision)

MAI-CR 4th 404.02    THE PRINCIPAL OFFENSE: GENERAL RULES
(Notes on Use – Revision)

MAI-CR 4th 404.08    CONSPIRACY TO COMMIT AN OFFENSE
(Instruction – Revision)
(Notes on Use – Revision)

MACH-CR 2d 18.04    CONSPIRACY TO COMMIT AN OFFENSE
(Charge – Revision)
(Notes on Use – Revision)

MAI-CR 4th 419.21    HARASSMENT IN THE SECOND DEGREE
(Notes on Use – Revision)

MACH-CR 2d 19.21    HARASSMENT IN THE SECOND DEGREE
(Charge – Revision)
(Notes on Use – Revision)

MAI-CR 4th 419.40    STALKING IN THE FIRST DEGREE
(Instruction – Revision)
(Notes on Use – Revision)

MACH-CR 2d 19.40    STALKING IN THE FIRST DEGREE
(Charge – Revision)
(Notes on Use – Revision)

MAI-CR 4th 419.42    STALKING IN THE SECOND DEGREE
(Instruction – Revision)
(Notes on Use – Revision)

MACH-CR 2d 19.42    STALKING IN THE SECOND DEGREE
(Charge – Revision)
(Notes on Use – Revision)

MAI-CR 4th 419.78    DOMESTIC ASSAULT IN THE FOURTH DEGREE: PHYSICAL INJURY, PHYSICAL PAIN, ILLNESS OR CONTACT
(Instruction – Revision)
(Notes on Use – Revision)

MACH-CR 2d 19.78    DOMESTIC ASSAULT IN THE FOURTH DEGREE
(Charge – Revision)
(Notes on Use – Revision)

MAI-CR 4th 419.79    DOMESTIC ASSAULT IN THE FOURTH DEGREE: ISOLATION
(Instruction – Revision)
(Notes on Use – Revision)

MAI-CR 4th 423.40    PROPERTY DAMAGE IN THE FIRST DEGREE   
(Instruction – Revision)
(Notes on Use – Revision)

MACH-CR 2d 23.40    PROPERTY DAMAGE IN THE FIRST DEGREE
(Charge – Revision)
(Notes on Use – Revision)

MAI-CR 4th 423.42    PROPERTY DAMAGE IN THE SECOND DEGREE
(Instruction – Revision)
(Notes on Use – Revision)

MACH-CR 2d 23.42    PROPERTY DAMAGE IN THE SECOND DEGREE
(Charge – Revision)
(Notes on Use – Revision)

MAI-CR 4th 423.56    TRESPASS IN THE FIRST DEGREE: BUILDING OR INHABITBLE STRUCTURE
(Instruction – Revision)
(Notes on Use – Revision)

MACH-CR 2d 23.56    TRESPASS IN THE FIRST DEGREE
(Charge – Revision)
(Notes on Use – Revision)

MAI-CR 4th 423.58    TRESPASS IN THE FIRST DEGREE: REAL PROPERTY
(Instruction – Revision)
(Notes on Use – Revision)

MAI-CR 4th 426.02    ARMED CRIMINAL ACTION
(Instruction – Revision)
(Notes on Use – Revision)

MACH-CR 2d 26.02    ARMED CRIMINAL ACTION
(Charge – Revision)
(Notes on Use – Revision)

MAI-CR 4th 426.14    UNLAWFUL POSSESSION OF A FIREARM
(Instruction – Revision)
(Notes on Use – Revision)

MACH-CR 2d 26.14    UNLAWFUL POSSESSION OF A FIREARM
(Charge – Revision)
(Notes on Use – Revision)

MAI-CR 4th 426.18    UNLAWFUL POSSESSION, MANUFACTURE, TRANSPORT, REPAIR OR SALE OF CERTAIN WEAPONS
(Notes on Use – Revision)

MACH-CR 2d 26.18    UNLAWFUL POSSESSION, MANUFACTURE, TRANSPORT, REPAIR OR SALE OF CERTAIN WEAPONS
(Charge – Revision)
(Notes on Use – Revision)

MAI-CR 4th 431.02    DRIVING WHILE INTOXICATED: NO PHYSICAL INJURY OR DEATH
(Title – Revision)
(Instruction – Revision)
(Notes on Use – Revision)

MACH-CR 2d 31.02    DRIVING WHILE INTOXICATED: NO PHYSICAL INJURY OR DEATH
(Title – Revision)
(Charge – Revision)
(Notes on Use – Revision)

MAI-CR 4th 431.03    DRIVING WHILE INTOXICATED: INVOLVING PHYSICAL INJURY OR DEATH
(Title – Revision)
(Forms – New)
(Notes on Use – Revision)

MACH-CR 2d 31.03    DRIVING WHILE INTOXICATED: INVOLVING PHYSICAL INJURY OR DEATH
(Title – Revision)
(Forms – New)
(Notes on Use – Revision)

MAI-CR 4th 431.10    LEAVING THE SCENE OF AN ACCIDENT
(Instruction – Revision)
(Notes on Use – Revision)

MACH-CR 2d 31.10    LEAVING THE SCENE OF AN ACCIDENT
(Charge – New)
(Notes on Use – New)

MACH-CR 2d 31.10.1    LEAVING THE SCENE OF AN ACCIDENT: CLASS A MISDEMEANOR
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MACH-CR 2d 31.10.2    LEAVING THE SCENE OF AN ACCIDENT: CLASS E FELONY
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 4th 431.30    BOATING WHILE INTOXICATED: NO PHYSICAL INJURY OR DEATH
(Title – Revision)
(Instruction – Revision)
(Notes on Use – Revision)

MACH-CR 2d 31.30    BOATING WHILE INTOXICATED: NO PHYSICAL INJURY OR DEATH
(Title – Revision)
(Charge – Revision)
(Notes on Use – Revision)

MAI-CR 4th 431.32    BOATING WHILE INTOXICATED: INVOLVING PHYSICAL INJURY OR DEATH
(Title - Revision)
(Instruction – Revision)
(Notes on Use – Revision)

MACH-CR 2d 31.32    BOATING WHILE INTOXICATED: INVOLVING PHYSICAL INJURY OR DEATH
(Title – Revision)
(Charge – Revision)
(Notes on Use – Revision)

MAI-CR 4th 433.00    DEFINITIONS - SPECIFIC
(Instruction – Revision)

ORDER

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, are hereby adopted and approved.  The charges, forms, and Notes on Use for MACH-CR 2d must be used and followed on and after January 1, 2022, 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, are hereby adopted and approved, or withdrawn.  The instructions, forms, and Notes on Use for MAI-CR 4th must be used and followed on and after January 1, 2022, 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 be published in the Journal of The Missouri Bar and the South Western Reporter.

Day – to – Day



___________________________
GEORGE W. DRAPER III
Chief Justice

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