Order dated February 1, 2013, re: Revisions and withdrawals to MAI-Criminal

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Supreme Court of Missouri
en banc

February 1, 2013

In re:  Revisions and withdrawals to
MACH-CR and MAI-CR 3d

Effective July 1, 2013


TABLE OF INSTRUCTIONS

MAI-CR 3d 304.02 The Principal Offense: General Rules MAI-CR 3d 304.06 Attempts: Punishment Under Section 564.011, RSMo MAI-CR 3d 304.07 Attempts: Punishment Other Than Section 564.011, RSMo MACH-CR 13.06 Murder in the Second Degree: Felony MAI-CR 3d 314.40 Guilty of Murder in the First Degree: Statutory Aggravating Circumstances: Finding Required for Death Penalty MACH-CR 19.02 Assault in the First Degree: Class A and B Felony MAI-CR 3d 319.20 Harassment MACH-CR 19.20 Harassment MACH-CR 19.22 Kidnapping: (1) For Ransom or Reward, (2) For Use as a Shield or Hostage; or (3) For Interfering with Governmental Function - Class A Felony MACH-CR 19.24 Kidnapping: (1) For Facilitation or Flight From a Felony, or (2) For Injuring or Terrorizing Victim or Another - Class B Felony MAI-CR 3d 319.32 Assault of a Law Enforcement Officer, Emergency Personnel, Corrections Officer or Probation and Parole Officer in the First Degree MACH-CR 19.32 Assault of a Law Enforcement Officer, Emergency Personnel, Corrections Officer or Probation and Parole Officer in the First Degree MAI-CR 3d 319.34 Assault of a Law Enforcement Officer, Emergency Personnel, Corrections Officer or Probation and Parole Officer in the Second Degree: Deadly Weapon or Dangerous Instrument MACH-CR 19.34 Assault of a Law Enforcement Officer, Emergency Personnel, Corrections Officer or Probation and Parole Officer in the Second Degree: Deadly Weapon or Dangerous Instrument MAI-CR 3d 319.36 Assault of a Law Enforcement Officer, Emergency Personnel, Corrections Officer or Probation and Parole Officer in the Second Degree: Recklessly Causing Serious Physical Injury MACH-CR 19.36 Assault of a Law Enforcement Officer, Emergency Personnel, Corrections Officer or Probation and Parole Officer in the Second Degree: Recklessly Causing Serious Physical Injury MAI-CR 3d 319.37 Assault of a Law Enforcement Officer, Emergency Personnel, Corrections Officer or Probation and Parole Officer in the Second Degree: Class C Felony MACH-CR 19.37 Assault of a Law Enforcement Officer, Emergency Personnel, Corrections Officer or Probation and Parole Officer in the Second Degree: Class C Felony MAI-CR 3d 319.38 Assault of a Law Enforcement Officer, Emergency Personnel, Corrections Officer or Probation and Parole Officer in the Second Degree: Driving While Intoxicated MACH-CR 19.38 Assault of a Law Enforcement Officer, Emergency Personnel, Corrections Officer or Probation and Parole Officer in the Second Degree: Driving While Intoxicated MAI-CR 3d 319.39 Assault of a Law Enforcement Officer, Emergency Personnel, Corrections Officer or Probation and Parole Officer in the Third Degree MACH-CR 19.39 Assault of a Law Enforcement Officer, Emergency Personnel, Corrections Officer or Probation and Parole Officer in the Third Degree MACH-CR 19.50 Elder Abuse in the First Degree MACH-CR 19.58 Child Kidnapping MAI-CR 3d 319.60 Parental Kidnapping MACH-CR 19.60 Parental Kidnapping MACH-CR 19.72 Domestic Assault in the First Degree MACH-CR 20.01 Forcible Rape: Victim Less Than Twelve Years of Age MACH-CR 20.02 Forcible Rape MACH-CR 20.03 Statutory Rape in the First Degree MACH-CR 20.09 Forcible Sodomy: Victim Less Than Twelve Years of Age MACH-CR 20.10 Forcible Sodomy MACH-CR 20.11 Statutory Sodomy in the First Degree MAI-CR 3d 320.33 Sexual Contact with a Prisoner or Offender MACH-CR 20.33 Sexual Contact with a Prisoner or Offender MAI-CR 3d 320.39 Failure to Register as a Sex Offender MACH-CR 20.39 Failure to Register as a Sex Offender MAI-CR 3d 320.41 Failure of Registered Sexual Offenders to Notify of Change of Residence MACH-CR 20.41 Failure of Registered Sexual Offenders to Notify of Change of Residence MAI-CR 3d 320.43 Failure of Sex Offender To Report Every 90 Days MACH-CR 20.43 Failure of Sex Offender To Report Every 90 Days MAI-CR 3d 322.08 Criminal Nonsupport MACH-CR 22.08 Criminal Nonsupport MACH-CR 23.06 Arson in the First Degree MACH-CR 24.02.1 Stealing: Without Consent MACH-CR 24.02.2 Stealing: By Deceit MAI-CR 3d 324.02.3 Stealing: By Coercion MACH-CR 24.02.3 Stealing: By Coercion MAI-CR 3d 324.10 Receiving Stolen Property MACH-CR 24.10 Receiving Stolen Property MAI-CR 3d 331.02 Driving While Intoxicated MACH-CR 31.02 Driving While Intoxicated MAI-CR 3d 331.04 Driving with Excessive Blood Alcohol Content MACH-CR 31.04 Driving with Excessive Blood Alcohol Content MAI-CR 3d 331.24 Unlawful Use of a Weapon: Handling or Discharging a Firearm While Intoxicated MACH-CR 31.24 Unlawful Use of a Weapon: Handling or Discharging a Firearm while Intoxicated MAI-CR 3d 332.52 Violation of Order of Protection MACH-CR 32.52 Violation of Order of Protection MAI-CR 3d 333.00 Definitions - Specific
ORDER

1. Revisions and withdrawals to previously approved pattern criminal indictments and informations (MACH-CR) as listed above, having been prepared by the Committee on Procedure in Criminal Cases and reviewed   by the Court, are hereby adopted and approved.

2. Revisions  and withdrawals to previously approved criminal instructions and Notes on Use (MAI-CR 3d) as listed above, having been prepared by the Committee on Procedure in Criminal Cases and reviewed by the Court, are hereby adopted and approved.

3. The revisions and withdrawals  as set forth in the specific exhibits attached hereto must be used and followed on and after July 1, 2013, and may be used and followed prior thereto, and any such use shall not be presumed to be error.

4. 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.
 
Day - to - Day


Richard B. Teitelman
/s/ Richard B. Teitelman
Chief Justice
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