423.52	BURGLARY IN THE FIRST DEGREE
	(As to Count _____, if) (If) you find and believe from the evidence beyond a reasonable doubt:
First, that (on) (on or about) [date], in the State of Missouri, the defendant knowingly (entered) (remained) unlawfully (in) (a building) (an inhabitable structure) located at [Briefly describe the location.] and (owned) (possessed) by [name of owner or possessor], and
Second, that defendant did so for the purpose of committing the offense of [name of offense] therein, and
Third, that while the defendant was (effecting entry) (in the (building) (inhabitable structure)) (in immediate flight from the (building) (inhabitable structure)) [Insert one of the following.  Omit brackets and number.]
		[1]	(he) (another person) ([name of person]) was armed with (explosives) (a deadly weapon),
		[2]	(he) (another person) ([name of person]) (caused) (threatened) immediate physical injury to [name of person], and that [name of person] was not a participant in the offense,
		[3]	[name of person] was present in the (building) (structure) and [name of person] was not a participant in the offense, (and)
(Fourth, that ([name of person]) (the other person referred to in paragraph Third) was a participant with the defendant in the commission of the offense,)
then you will find the defendant guilty (under Count _____) of burglary in the first degree.
	However, unless you find and believe from the evidence beyond a reasonable doubt each and all of these propositions, you must find the defendant not guilty of that offense.
	[Insert a definition of the offense that defendant intended.]

Notes on Use
	1.	Section 569.160, RSMo 2016.  This is a revision of MAI‑CR 3d 323.52 (10-1-98).  This instruction applies to offenses committed on or after January 1, 2017.
	2.	Definitions.
		(a) This instruction contains the direction "[Insert a definition of the offense that defendant intended.]."  This direction refers to the offense named in paragraph Second.
	A definition of the offense must be included in the instruction.  It shall be inserted immediately before the last paragraph of the instruction.  See Notes on Use 2D to MAI-CR 4th 433.00.
		(b) The following terms, if used in the instruction, may be defined by the Court on its own motion and must be defined upon written request in proper form by the state or by the defendant:
			"deadly weapon,"
			"enter unlawfully" or "remain unlawfully,"
			"inhabitable structure,"
			"knowingly,"
			"physical injury,"
			"possessed."
See MAI-CR 4th 433.00.
	3.	Section 569.160 provides that either the defendant or "another participant in the offense" may be the person who committed the act described in paragraph Third.  This creates a special type of accessorial liability and is not created by virtue of the general principles of liability as prescribed by Sections 562.036 and 562.041, RSMo 2016.
	If the defendant committed the acts described in paragraphs First and Second, but another participant committed the act described in paragraph Third, then this instruction is the proper instruction to use and paragraph (Fourth) must be given.  In such situations, the identification of the other participant in paragraph Third should be the same in paragraph (Fourth).
	If someone other than the defendant committed some or all of the acts described in paragraphs First and Second, then this instruction should not be used, but rather an instruction based on MAI-CR 4th 404.04 should be given.  In such situations, paragraphs First, Second, and Third would be given pursuant to the Notes on Use to MAI-CR 4th 404.04, and paragraph (Fourth) would not be given.
	4.	For a discussion on the submission of lesser included offenses and lesser degree offenses, see MAI-CR 4th 404.11(G).
	5.	See Chapter 405 series of instructions if the issue of punishment is to be submitted to the jury in a bifurcated proceeding.