Supreme Court of Missouri
en banc

MAI-CR 3d 300.02 Before Voir Dire
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 300.03A Before Punishment Voir Dire in a Capital Case
(Before August 28, 2001)
(Instruction - Unchanged)
(Notes on Use - Revision)

MAI-CR 3d 300.03AA Before Punishment Voir Dire in a Capital Case
(After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)

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

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

MAI-CR 3d 304.04 Parties: Defendant's Responsibility for Conduct of Another Person
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 304.11 Defenses
(Instruction - Revision)

MAI-CR 3d 306.06 Justification:
Use of Force in Self-Defense
(Instruction - Revision)
(Notes on Use - Revision)

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

MAI-CR 3d 306.08 Justification:
Use of Force in Defense of Third Persons
(Instruction - Unchanged)
(Notes on Use - Revision)

MAI-CR 3d 306.10 Justification:
Use of Force in Defense of Premises (Instruction - Unchanged)
(Notes on Use - Revision)

MAI-CR 3d 306.12 Justification:
Use of Force in Defense of Property
 (Instruction - Unchanged)
(Notes on Use - Revision)

MAI-CR 3d 306.14 Justification:
Use of Force by Law Enforcement Officer
 (Instruction - Unchanged)
(Notes on Use - Revision)

MAI-CR 3d 306.16 Justification:
Use of Force by Private Person in Making Arrest
(Notes on Use - Revision)

MAI-CR 3d 306.18 Justification:
Use of Force to Prevent Escape from Confinement
(Instruction - Unchanged)
(Notes on Use - Revision)

MAI-CR 3d 306.20 Justification:
Use of Force by Person Entrusted with Care and Supervision of Minor or Incompetent
(Notes on Use - Revision)

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

MAI-CR 3d 310.04 Blood Alcohol Evidence
(Instruction - Revision) (Notes on Use - Revision)

MAI-CR 3d 313.00 Supplemental Notes on Use Applicable to 313.00 Series
(Before August 28, 2001)
(Instruction - Revision)
(Appendix - Unchanged)

MACH-CR 13.12 Involuntary Manslaughter in the First Degree:
Driving While Intoxicated (Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 314.00 Supplemental Notes on Use Applicable to 314.00 Series
(After August 28, 2001)
(Instruction - Revision)
(Appendix - Revision)

MAI-CR 3d 314.30 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
(After August 28, 2001)
(Instruction - Unchanged)
(Notes on Use - Revision)

MAI-CR 3d 314.31 Second Instruction:
After a Finding of Guilty of Murder in the First Degree When the Death Penalty was not Waived
 (After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 314.32 Guilty of Murder in the First Degree: 
Explanation of Order of Proceedings When Evidence will be Presented
(After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 314.33 Guilty of Murder in the First Degree: 
Explanation of Order of Proceedings When Evidence will not be Presented
 (After August 28, 2001)(Instruction - Revision)
 (Notes on Use - Revision)

MAI-CR 3d 314.38 Guilty of Murder in the First Degree:
Mental Retardation of Defendant
 (After August 28, 2001)
(Instruction - New)
(Notes on Use - New)

MAI-CR 3d 314.40 Guilty of Murder in the First Degree:
  Statutory Aggravating Circumstances:  Finding Required for Death Penalty
(After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 314.44 Guilty of Murder in the First Degree:
 Evidence in Aggravation and Mitigation of Punishment
(After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 314.46 Guilty of Murder in the First Degree: 
Final Decision on the Punishment
 (After August 28, 2001)
(Instruction - Revision)
 (Notes on Use - Revision)

MAI-CR 3d 314.48 Guilty of Murder in the First Degree:
 Verdict Mechanics
(After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 314.49 Argument of Counsel:
 After a Finding of Guilty of Murder in the First Degree
(After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 314.50 Opening Instruction at the Second Stage of Trial:
After a Finding of Not Guilty of Murder in the First Degree, but Guilty of Murder in the Second Degree, Voluntary Manslaughter or Involuntary Manslaughter
 (After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 314.52 Second Instruction:
After a Finding of Not Guilty of Murder in the First Degree, but Guilty of Murder in the Second Degree, Voluntary Manslaughter or Involuntary Manslaughter
 (After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 314.54 Argument of Counsel:
After a Finding of Not Guilty of Murder in the First Degree, but Guilty of Murder in the Second Degree, Voluntary Manslaughter or Involuntary Manslaughter
 (After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 314.56 Verdict Forms:
First Stage (After August 28, 2001)
(Revision)

MAI-CR 3d 314.58 Verdict Forms:
 Second Stage
(After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 20.02.1 Forcible Rape [1995 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 320.02.1A Forcible Rape:
 Aggravated
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 320.02.1B Forcible Rape
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MACH-CR 20.02.2 Rape:
Child Under Fourteen Years [1995 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 320.02.2 Rape: Child Under Fourteen Years
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MACH-CR 20.04 Sexual Assault in the  First Degree [1992 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 320.04.1 Sexual Assault in the First Degree:
      Victim Incapacitated
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 320.04.2 Sexual Assault in the First Degree:
Fourteen or Fifteen Year Old Victim
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MACH-CR 20.06 Sexual Assault in the Second Degree [1992 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 320.06 Sexual Assault in the Second Degree
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MACH-CR 20.08.1 Forcible Sodomy [1991 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 320.08.1 Forcible Sodomy
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MACH-CR 20.08.2 Sodomy:  Child Under Fourteen Years [1991 New]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 320.08.2   Sodomy: Child Under Fourteen Years
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MACH-CR 20.10 Deviate Sexual Assault in the First Degree [1992 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 320.10.1 Deviate Sexual Assault in the First Degree: Victim Incapacitated
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 320.10.2 Deviate Sexual Assault in the First Degree:
Victim Fourteen or Fifteen Years Old
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MACH-CR 20.12 Deviate Sexual Assault in the Second Degree [1992 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 320.12 Deviate Sexual Assault in the Second Degree
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MACH-CR 20.16 Sexual Abuse in the First Degree  [1992 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 320.16.1 Forcible Sexual Abuse in the First Degree
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 320.16.2 Sexual Abuse in the First Degree: Victim Under Twelve Years Old
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MACH-CR 20.17 Child Molestation in the First Degree
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 320.17 Child Molestation in the First Degree
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 20.18 Sexual Abuse in the Second Degree [1992 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 320.18.1 Sexual Abuse in the Second Degree: Victim Incapacitated
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 320.18.2 Sexual Abuse in the Second Degree:
Twelve or Thirteen Year Old Victim
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MACH-CR 20.19 Child Molestation in the Second Degree
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 320.19 Child Molestation in the Second Degree
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 20.20 Sexual Abuse in the Third Degree [1992 Revision]
(Charge - Withdrawn)
(Notes on Use - Withdrawn)

MAI-CR 3d 320.20 Sexual Abuse in the Third Degree
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)

MACH-CR 24.40 Fraudulent Use of a Credit Device or a Debit Device
(Charge - Revision)
(Notes on Use - Revision)

MACH-CR 24.42 Identity Theft
(Charge - New)
 (Notes on Use - New)

MAI-CR 3d 324.42 Identity Theft
(Instruction - New)
 (Notes on Use - New)

MACH-CR 24.43 Fraudulent Procurement:
Credit Card, Debit Card, Personal Identifying Information
(Charge - New)
(Notes on Use - New)

MAI-CR 3d 324.43 Fraudulent Procurement:
Credit Card, Debit Card, Personal Identifying Information
(Instruction - New)
(Notes on Use - New)

MAI-CR 3d 325.11.1 Controlled Substances:
Trafficking in the First Degree: Methamphetamine
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 325.11.2 Controlled Substances: Trafficking in the First Degree: Methamphetamine:
 Attempt
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 25.12 Controlled Substances:
 Trafficking in the First Degree: 3,4-Methylenedioxymethamphetamine, "Ecstasy"
(Charge - New)
(Notes on Use - New)

MAI-CR 3d 325.12 Controlled Substances:
 Trafficking in the First Degree: 3,4-Methylenedioxymethamphetamine, "Ecstasy"
(Instruction - New)
(Notes on Use - New)

MACH-CR 25.14 Controlled Substances:
 Trafficking in the Second Degree:
Other Than Methamphetamine
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 325.14 Controlled Substances:
Trafficking in the Second Degree: Other Than Methamphetamine
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 25.15 Controlled Substances:
Trafficking in the Second Degree: Methamphetamine
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 325.15 Controlled Substances:
Trafficking in the Second Degree: Methamphetamine
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 25.16 Controlled Substances:
Trafficking in the Second Degree: 3,4-Methylenedioxymethamphetamine, "Ecstasy"
(Charge - New)
(Notes on Use - New)

MAI-CR 3d 325.16 Controlled Substances:
Trafficking in the Second Degree: 3,4-Methylenedioxymethamphetamine, "Ecstasy"
(Instruction - New)
(Notes on Use - New)

MACH-CR 25.24 Controlled Substances:
 Possession of Drug Paraphernalia with Intent to Deliver or Sell
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 325.24 Controlled Substances:
Possession of Drug Paraphernalia with Intent to Deliver or Sell
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 25.26 Controlled Substances:
Delivering or Selling Drug Paraphernalia
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 325.26 Controlled Substances:
Delivering or Selling Drug Paraphernalia
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 25.32 Controlled Substances:
Possession of Methamphetamine Precursor Drug with Intent to Manufacture
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 325.32 Controlled Substances:
 Possession of Methamphetamine Precursor Drug with Intent to Manufacture
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 29.78.1 Aiding Escape of a Prisoner:
Introducing Deadly Weapon or Dangerous Instrument or Thing Into Place of Confinement
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 329.78.1 Aiding Escape of a Prisoner:
 Introducing Deadly Weapon or Dangerous Instrument or Thing Into Place of Confinement
(Instruction - Unchanged)
(Notes on Use - Revision)

MACH-CR 29.78.2 Aiding Escape of a Prisoner: Assisting a Prisoner
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 329.78.2 Aiding Escape of a Prisoner:
 Assisting a Prisoner
(Instruction - Unchanged)
(Notes on Use - Revision)

MACH-CR 29.86 Tampering with a Witness
(Charge - Unchanged)
(Notes on Use - Revision)

MACH-CR 29.87 Victim Tampering
(Charge - Unchanged)
(Notes on Use - Revision)

MACH-CR 31.02 Driving While Intoxicated
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 331.02 Driving While Intoxicated
(Instruction - Revision)
(Notes on Use - Revision)

MACH-CR 31.04 Driving with Excessive Blood Alcohol Content
(Charge - Revision)
(Notes on Use - Revision)

MAI-CR 3d 331.04 Driving with Excessive Blood Alcohol Content
(Instruction - Revision)
(Notes on Use - Revision)

MAI-CR 3d 332.48 Driving While License Suspended, Revoked or Canceled
(Instruction - Unchanged)
(Notes on Use - Revision)

MACH-CR 32.64 Knowingly Releasing an Animal
(Charge - New)
(Notes on Use - New)

MAI-CR 3d 332.64 Knowingly Releasing an Animal
(Instruction - New)
(Notes on Use - New)

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




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 September 1, 2002, 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

______________________
Stephen N. Limbaugh, Jr.
Chief Justice