Order dated June 30, 2010, re: revisions, additions and withdrawals to MACH-CR and MAI-CR 3d

Go to Orders and Rules
Official Court Seal

Supreme Court of Missouri
en banc

June 30, 2010
In re:  Revisions, additions and withdrawals to
MACH-CR and MAI-CR 3d

Effective January 1, 2011


TABLE OF INSTRUCTIONS


MAI-CR 3d How to Use This Book
(Revision)

MACH-CR 1.00 Supplemental Notes on Use
(Charge - Revision)

MACH-CR 2.00 Supplemental Notes on Use to the MACH-CR 2.00 Series
(Charge - Revision)

MACH-CR 2.10 Indictment
(Charge - Unchanged)
(Notes on Use - Revision)

MACH-CR 2.11 Misdemeanor Information
(Charge - Unchanged)
(Notes on Use - Revision)

MACH-CR 2.15 Felony Information
(Charge - Unchanged)
(Notes on Use - Revision)

MACH-CR 2.22 Felony Complaint
(Charge - Unchanged)
(Notes on Use - Revision)
MACH-CR 2.23 Probable Cause Statement Form
(Charge - Unchanged)
(Notes on Use - Revision)

MACH-CR 2.30 Indictment or Information -- Repeat Offenders and "Abuse and Lose"
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 300.04 At the First Recess and Adjournment
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 302.01 Duties of Judge and Jury
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 302.02 Evidence and Rulings of the Court
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 302.06 Argument of Counsel
(Instruction - Unchanged)
(Notes on Use - Revision)

MAI-CR 3d 304.02 The Principal Offense: General Rules
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 304.06 Attempts: Punishment Under Section 564.011, RSMo
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 304.07 Attempts: Punishment Other Than Section 564.011, RSMo
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 306.07A Justification: Use of Deadly Force in Self-Defense -- Battered Spouse
(Instruction - Unchanged)
(Notes on Use - Revision)

MAI-CR 3d 306.11 Justification: Self-Defense in Dwellings and Vehicles
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 306.14 Justification: Use of Force by Law Enforcement Officer
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 306.22A Justification: Use of Force by Private Person in Resisting Excessive Force by
a Known Law Enforcement Officer Making an Arrest
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 19.72 Domestic Assault in the First Degree
(Title - Revision)
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 319.72 Domestic Assault in the First Degree:  Knowingly Caused Serious
Physical Injury
(Title - Revision)
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 319.73 Domestic Assault in the First Degree:  Attempt - Serious Physical Injury
(Title - Revision)
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 19.74 Domestic Assault in the Second Degree
(Title - Revision)
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 319.74 Domestic Assault in the Second Degree
(Title - Revision)
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 19.76 Domestic Assault in the Third Degree
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 319.76 Domestic Assault in the Third Degree:  Physical Injury or Contact
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 319.77 Domestic Assault in the Third Degree:  Isolation
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 20.23.1 Sexual Misconduct in the Second Degree by Indecent Exposure
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 320.23.1 Sexual Misconduct in the Second Degree by Indecent Exposure
(Instruction - Unchanged)
(Notes on Use - Revision)

MACH-CR 20.23.2 Sexual Misconduct in the Second Degree by Public Sexual Activity
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 320.23.2 Sexual Misconduct in the Second Degree by Public Sexual Activity
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 20.29.1 Sexual Misconduct Involving a Child by Indecent Exposure
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 320.29.1 Sexual Misconduct Involving a Child by Indecent Exposure
(Instruction  - Revision)
(Notes on Use - Revision)

MACH-CR 20.29.2 Sexual Misconduct Involving a Child by Coercion or Inducement
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 320.29.2 Sexual Misconduct Involving a Child by Coercion or Inducement
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 320.37.2 Attempted Enticement of a Child
(Instruction - Unchanged)
(Notes on Use - Revision)

MACH-CR 20.45 Sexual Trafficking of a Child
(Charge - New)
(Notes on Use - New)

MAI-CR 3d 320.45 Sexual Trafficking of a Child
(Instruction - New)
(Notes on Use - New)

MACH-CR 20.47 Sexual Trafficking of a Child Under the Age of Twelve Years
(Charge - New)
(Notes on Use - New)

MAI-CR 3d 320.47 Sexual Trafficking of a Child Under the Age of Twelve Years
(Instruction - New)
(Notes on Use - New)
MACH-CR 22.04 Incest
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 322.04 Incest
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 323.80 Tampering with Ignition Interlock Device
(Instruction - Unchanged)
(Notes on Use - Revision)

MAI-CR 3d 324.62.1 Financial Exploitation of the Elderly or Disabled: By Deception
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 324.62.2 Financial Exploitation of the Elderly or Disabled: By Intimidation
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 324.62.3 Financial Exploitation of the Elderly or Disabled: By Force
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 27.02 Promoting Obscenity in the First Degree
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 327.02 Promoting Obscenity in the First Degree:  In General
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 327.04 Promoting Obscenity in the First Degree:  For Minors
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 327.06 Promoting Obscenity in the First Degree:  For Computer
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MACH-CR 27.08 Promoting Pornography for Minors or Obscenity in the Second Degree
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 327.08 Promoting Pornography for Minors or Obscenity in the Second Degree
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 327.10 Promoting Pornography for Minors:  Computer
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MACH-CR 27.12 Promoting Child Pornography in the First Degree
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 327.12 Promoting Child Pornography in the First Degree
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MACH-CR 27.14 Promoting Child Pornography in the Second Degree
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 327.14 Promoting Child Pornography in the Second Degree
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MACH-CR 27.16 Possession of Child Pornography
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 327.16.1 Possession of Child Pornography: Obscene Material or Performance
That is Child Pornography
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 327.16.2 Possession of Child Pornography: Visual Depiction of Sexually Explicit Conduct of a Minor
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 27.18 Sexual Exploitation of a Minor: Obscene Material or Performance That is Child Pornography
(Title - Revision)
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 327.18.1 Sexual Exploitation of a Minor: Obscene Material or Performance That is Child Pornography
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 327.18.2 Sexual Exploitation of a Minor: Visual Depiction of Sexually Explicit Conduct of a Minor
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 27.20 Furnishing Pornographic Materials to Minors
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 327.20 Furnishing Pornographic Materials to Minors: Material
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 327.22 Furnishing Pornographic Materials to Minors: Performance
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 327.24 Furnishing Pornographic Materials to Minors: For Computer
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MACH-CR 31.28 Unlawful Possession of a Firearm
(Title - Revision)
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 331.28 Unlawful Possession of a Firearm
(Title - Revision)
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 32.42 Possession of Intoxicating Liquor by a Minor, Purchase of Intoxicating Liquor
by a Minor, Visible Intoxication or Excessive BAC
(Charge - Unchanged)
(Notes on Use - Revision)

MACH-CR 32.43 Property Owner: Allowing Minor to Drink or Possess Intoxicating Liquor
(Charge - Unchanged)
(Notes on Use - Revision)

MACH-CR 32.44 Supplying Intoxicating Liquor to a Minor by a Licensed Dealer
(Charge - Unchanged)
(Notes on Use - Revision)

MACH-CR 32.46 Supplying Intoxicating Liquor to a Minor
(Charge - Unchanged)
(Notes on Use - Revision)

MAI-CR 3d 333.00 Definitions - Specific
(Revision)

ORDER


1. Revisions, additions 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, additions 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 additions as set forth in the specific exhibits attached hereto must be used and followed on and after January 1, 2011, 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

_______________________
/s/ Mary R. Russell
Acting Chief Justice
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