Effective - 01 Jan 2017
565.029. Lesser degree offenses in homicide cases — instruction on lesser offenses, when. — 1. With the exceptions provided in subsection 3 of this section and subsection 3 of section 565.021, section 556.046 shall be used for the purpose of consideration of lesser offenses by the trier in all homicide cases.
2. The following lists shall comprise, in the order listed, the lesser degree offenses:
(1) The lesser degree offenses of murder in the first degree are:
(a) Murder in the second degree under subdivisions (1) and (2) of subsection 1 of section 565.021;
(b) Voluntary manslaughter under subdivision (1) of subsection 1 of section 565.023;
(c) Involuntary manslaughter in the first degree; and
(d) Involuntary manslaughter in the second degree;
(2) The lesser degree offenses of murder in the second degree are:
(a) Voluntary manslaughter under subdivision (1) of subsection 1 of section 565.023;
(b) Involuntary manslaughter in the first degree; and
(c) Involuntary manslaughter in the second degree.
3. No instruction on a lesser included offense shall be submitted unless requested by one of the parties or the court.
--------
(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2014 S.B. 491)
Transferred 2014; formerly 565.025; Effective 1-01-17
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 565 - Offenses Against the Person
Section 565.001 - Procedure for chapter 565.
Section 565.002 - Definitions.
Section 565.006 - Waiver of jury trial permitted, when.
Section 565.010 - Consent as a defense.
Section 565.020 - First degree murder, penalty — person under eighteen years of age, penalty.
Section 565.021 - Second degree murder, penalty.
Section 565.024 - Involuntary manslaughter, first degree, penalty.
Section 565.027 - Involuntary manslaughter, second degree, penalty.
Section 565.029 - Lesser degree offenses in homicide cases — instruction on lesser offenses, when.
Section 565.030 - Trial procedure, first degree murder.
Section 565.033 - Person under eighteen, sentencing — factors to be considered, jury instructions.
Section 565.040 - Death penalty, if held unconstitutional, resentencing procedure.
Section 565.050 - Assault, first degree, penalty.
Section 565.052 - Assault, second degree, penalty.
Section 565.054 - Assault in the third degree.
Section 565.056 - Assault in the fourth degree.
Section 565.072 - Domestic assault, first degree — penalty.
Section 565.073 - Domestic assault, second degree — penalty.
Section 565.074 - Domestic assault, third degree — penalty.
Section 565.076 - Domestic assault in the fourth degree, penalty.
Section 565.090 - Harassment, first degree, penalty.
Section 565.091 - Harassment, second degree, penalty.
Section 565.110 - Kidnapping, first degree, penalty.
Section 565.115 - Child kidnapping — penalty.
Section 565.120 - Kidnapping, second degree, penalty.
Section 565.130 - Kidnapping, third degree, penalty.
Section 565.140 - Defenses to kidnapping in the third degree.
Section 565.150 - Interference with custody — penalty.
Section 565.153 - Parental kidnapping — penalty.
Section 565.156 - Child abduction — penalty.
Section 565.160 - Defenses to interference with custody, parental kidnapping, and child abduction.
Section 565.167 - Custody of child — peace officer to take child into protective custody, when.
Section 565.188 - Failure to report elder abuse or neglect — penalty.
Section 565.189 - Filing a false elder abuse or neglect report — penalty.
Section 565.218 - Failure to report vulnerable person abuse — or neglect — penalty.
Section 565.222 - Filing a false vulnerable person abuse report — penalty.
Section 565.225 - Stalking, first degree, penalty.
Section 565.227 - Stalking, second degree, penalty.