433.00	DEFINITIONS - GENERAL FORM
	The following term(s) used in these instructions (is) (are) defined as follows:
	[Set out the terms and their proper, applicable definition.]

Notes on Use
	1.	This is former MAI-CR 3d 333.00.
	2.	The following rules apply for the defining of terms:
		A. A definition of a term is required when the Notes on Use to an instruction require the definition to be given. Typical language that makes this a requirement is "When the following term is used in this instruction, the paragraph defining that term must be used." In addition, some instructions include a definition of a term that is always used in the body of the instruction. For example, see MAI-CR 4th 419.02 which contains a definition of "serious physical injury."
		B. A term may be defined when the Notes on Use permit the definition of that term. Typical language that authorizes, but does not require, a definition is "The following term(s), 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."  
		C. If a definition is either required or permitted by A or B above, but the definition of that term is not contained in MAI-CR 4th 433.00, an appropriate definition shall be submitted to the court in proper form for its approval.
		D. If a definition of an offense is required, or if it is required or permitted by A or B above, subject to Notes on Use 3 hereafter, use the definition of that offense as it appears in MAI-CR 4th 433.00. If the offense is not defined in MAI-CR 4th 433.00, an appropriate definition of the offense shall be drafted and submitted to the court for approval. For guidance, an examination of the appropriate statute is suggested, as well as any applicable verdict directing instruction and its Notes on Use. If the Notes on Use to the verdict directing instruction applicable to the offense being defined require that a term be defined, then that term must be defined and included in the definition of the offense; if those Notes on Use permit the defining of a term, that term may be defined upon the request of the state or the defendant or on the court's own motion.
		E. If a word or group of words appear in a definition of a term given pursuant to paragraphs A, B, C, or D above and a definition of that word or group of words is included in MAI-CR 4th 433.00, that word or group of words 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.
		F. A definition of a term, word, or group of words shall not be given unless permitted by paragraphs A, B, C, D, or E above, even if requested by counsel or the jury. If the jury, while deliberating, requests the definition of a term whose definition is not permitted by paragraphs A, B, C, D, or E above, the following response is suggested:
			I am not permitted to define the word(s) _______________ for you. (Except for those terms for which you have been supplied definitions, each) (Each) word used in the instruction has its common and generally understood meaning.
	3.	No definition submitted to a jury should contain portions not applicable to the facts of the particular case.  
		For example, Notes on Use 2 to MAI-CR 4th 423.54 concerning burglary in the second degree permits the definition of the term "inhabitable structure." If the facts of the case reveal that the place burglarized was the house of John Jones, it would be permissible to define the term "inhabitable structure" as "a structure where any person lives, regardless of whether a person is actually present."  There is no need, in such a fact situation, to define an inhabitable structure to include "a vehicle or vessel."
		If unnecessary portions of a definition are included in the definition given to the jury, the prejudicial effect, if any, of such inclusion will be determined by the court.
	4.	Notes on Use pertaining to definitions often say a term "must be defined upon written request in proper form by the state or by the defendant." A "written request in proper form" may be made in either one of two ways:
			(a) In the form of an MAI-CR 4th 433.00 instruction containing the terms and definitions requested, or
			(b) As a part of a separate instruction.
	5.	The court is given discretion as to how to submit the definitions to the jury. If a term is used in only one instruction, the definition of that term may be added at the bottom of that instruction, or may be submitted to the jury as a separate instruction.
		If the court elects to give a separate instruction containing definitions, it is desirable to set them out in alphabetical order. The order in which definitions are set out or given should not be based upon whether the definitions are mandatory or optional. However, when a definition of a word is given pursuant to paragraph 2E, that definition may be given before or after the definition in which the word appears.