Title: Summary of Contents & Detailed Table of Instructions and Verdict Forms
Author: shikler
Last saved by: Maggie Johnston
Company: Office of State Courts Administrator

7-1-18

7-1-18

TABLE OF INSTRUCTIONS AND VERDICT FORMS

S U M M A R Y    O F   C O N T E N T S
	
How to Use this Book
400 Series	Oral Instructions
402 Series	Instructions Required in All Trials
404 Series	General Verdict Directing Forms,
   Defenses, and Verdict Mechanics
405 Series	Bifurcated Trials
406 Series	Instructions Required Whether Requested or Not
408 Series	Instructions Required if Requested by Defendant
410 Series	Instructions Required if Requested by State or 
	       Defendant
412 Series	Instructions After Deliberations
414 Series	Homicide 
419 Series	Offenses Against the Person
420 Series	Sexual Offenses
422 Series	Offenses Against the Family
423 Series	Arson, Burglary, Trespass and Related Offenses
424 Series	Robbery, Stealing and Related Offenses
425 Series	Controlled Substances
426 Series	Weapons Offenses
427 Series	Pornography and Related Offenses
429 Series	Offenses Against the Administration of Justice
430 Series	Offenses Affecting Government
431 Series	Public Safety Offenses
432 Series	Miscellaneous Offenses
433 Series	Definitions

DETAILED TABLE OF
INSTRUCTIONS AND VERDICT FORMS

HOW TO USE THIS BOOK

Overview				

Reservations			

Effective Dates		
 
Format of Instructions and Verdict Forms	
Instructions and Verdict Forms	
Check-List of MAI-CR 4th Forms	

400.00 SERIES
 ORAL INSTRUCTIONS

400.02	Before Voir Dire	

400.03	Before Punishment Voir Dire	
in a Capital Case
 
400.04	At the First Recess and Adjournment	
 
400.06	After the Jury is Sworn	
 
400.20	Mental Responsibility:
Limitation of Expert Testimony

	

402.00 SERIES
INSTRUCTIONS REQUIRED IN ALL TRIALS

402.01	Duties of Judge and Jury	
 
402.02	Evidence and Rulings of the Court	
 
402.03	General Instructions	
 
402.04	Burden of Proof and Related Matters	
 
402.05	Unanimous Verdict	
 
402.06	Argument of Counsel	

404.00 SERIES
GENERAL VERDICT DIRECTING FORMS,
DEFENSES, AND VERDICT MECHANICS

404.02	The Principal Offense: General Rules	
 
404.04	Parties: Defendant's Responsibility 
for Conduct of Another Person	
 
404.06	Attempts	

404.08	Conspiracy to Commit an Offense

404.10	The Principal Offense: Modifications for
Hate Offenses -- Enhanced Penalties	

404.11	Defenses	

404.12	Verdict Possibilities: One Defendant -
Multiple Counts - Separate Verdicts	

404.14	Verdict Possibilities: One Defendant -
Alternative Counts Requiring Only
One Verdict	

404.16	Verdict Possibilities: One Defendant
or Multiple Defendants - 
Alternative Submissions Under 
the Same Count - One Verdict	

404.18	Verdict Possibilities: Multiple Defendants -
One or More Counts	

404.20	Verdict Possibilities: Multiple Defendants -
Alternative Counts Requiring Only
One Verdict for Each Defendant	

404.40	Verdict Forms: Bifurcated Trial: When 
Punishment is Submitted to the Jury
After a Finding of Guilt	
 
404.44	Verdict Forms: Guilt Submitted
to the Jury	

404.48	Verdict Forms: When the "Underlying"
Felony is Submitted as a
Separate Offense of Armed
Criminal Action	

404.50	Verdict Forms: When the "Underlying"
Felony is Submitted as a Separate 
Offense of Murder in the Second 
Degree: Felony
	
404.52	Verdict Forms: When More than Twenty
Still Images of Child Pornography are 
Submitted in One Verdict Director

405.00 SERIES
BIFURCATED TRIALS

405.01	First Instruction: After a Finding
of Guilt	

405.02	After a Finding of Guilt: 
Explanation of Order of 
Proceedings When Evidence 
will be Presented	

405.03	After a Finding of Guilt: 
Verdict Mechanics	

405.04	Argument of Counsel: 
After a Finding of Guilt	

405.07	Verdict Possibilities: 
Inability of Jury to Agree 
Upon Punishment	

406.00 SERIES
INSTRUCTIONS REQUIRED
WHETHER REQUESTED OR NOT

406.02	Mental Disease or Defect
Excluding Responsibility
	
406.04	Mental Responsibility:
Limitation of Expert Testimony	

406.06	Justification:
Use of Force in Self-Defense	

406.08	Justification:  Use of Physical Force
in Defense of Third Persons	

406.10	Justification: Use of Force in Self-
Defense While in a Dwelling, 
				Residence or Vehicle	
	 
406.12	Justification: Use of Force in 
Defense of Property	

406.14	Justification: Use of Force
by Law Enforcement Officer	
 
406.16	Justification: Use of Force by 
Private Person in Making Arrest	
 
406.18	Justification: Use of Force to 
Prevent Escape from Confinement
	
406.20	Justification:
Use of Force by Person Entrusted
with Care and Supervision
of Minor or Incompetent	

406.22	Justification:  Use of Force by 
Private Person in Resisting Excessive
Force by a Known Law Enforcement
Officer Making an Arrest	

406.30	Justification:  Use of Deadly Force 	
				in Self-Defense--Battered Spouse

408.00 SERIES
INSTRUCTIONS REQUIRED IF
REQUESTED BY DEFENDANT

408.02      Defendant's Converse	

408.03	Mental Disease or Defect Negating
Culpable Mental State	

408.04	Alibi			

408.06	Alibi
(Only if Requested by the Defendant)	
 
408.14	Right of Defendant or Spouse
to Refrain from Testifying		
 
408.16	Belief in Legality of Conduct		

408.20	Justification: Emergency Measures	

 410.00 SERIES 
 INSTRUCTIONS REQUIRED IF 
 REQUESTED BY STATE OR DEFENDANT
 
410.02	Eyewitness Identification Testimony

410.04	Blood Alcohol Evidence	

410.06	Confession or Admission of Defendant	

410.08	Presence at or Near the Scene	

410.10	Impeachment of Defendant by Conviction 
of "Unrelated Offenses" Shown Solely 
for the Purpose of Impeachment	

410.12	Other Offenses by Defendant to Show
Intent, etc., and, in Addition, for 
Impeachment Where He or She Testifies
410.13	Defendant’s Prior Criminal Acts in 
				Prosecutions of Sexual Offenses
				Involving a Victim Under Eighteen	
 
410.14	Impeachment of a Witness Other Than
Defendant by Prior Offenses	

410.16	Limiting Instruction: One Defendant,
Offense, or Purpose	

410.18	Limiting Instruction: Disposition
of Charges Against Witness	

410.19	Limiting Instruction: Use of Transcript	

410.20	Parties: Conviction of Different
Degrees of Offenses	

410.22	Dying Declarations	

410.24	Duress		
 
410.28	Entrapment	

410.40	Character: Traits of Character of 
Defendant Bearing on Guilt 
or Innocence	

410.50	Intoxicated or Drugged Condition:
Voluntary	
 
410.52	Intoxicated or Drugged Condition:
Involuntary	

412.00 SERIES
INSTRUCTIONS AFTER DELIBERATIONS

412.06	Inconsistent Verdicts	

412.10	After Extended Deliberation by Jury	

	414.00 SERIES
	HOMICIDE 

414.02	Murder in the First Degree	

414.04	Murder in the Second Degree: 
Conventional	

414.06	Murder in the Second Degree: 
Felony	

414.08	Voluntary Manslaughter	

414.10	Involuntary Manslaughter in the
First Degree	

414.12	Involuntary Manslaughter in the 
Second Degree

414.30	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

414.31	Second Instruction:  After Finding of 
				Guilty of Murder in the First Degree 
				When the Death Penalty was not Waived

414.32	Guilty of Murder in the First Degree:
			Explanation of Order of Proceedings 
			When Evidence Will be Presented

414.33	Guilty of Murder in the First Degree:
			Explanation of Order of Proceedings 
			when Evidence Will not be Presented

414.38	Guilty of Murder in the First Degree:
			Intellectual Disability of Defendant

414.40	Guilty of Murder in the First Degree:
			Statutory Aggravating Circumstances:
			Finding Required for Death Penalty

414.44	Guilty of Murder in the First Degree:
			Evidence in Aggravation and 
			Mitigation of Punishment

414.46	Guilty of Murder in the First Degree:
			Final Decision on the Punishment

414.48	Guilty of Murder in the First Degree:
			Verdict Mechanics

414.49	Argument of Counsel:  After a Finding
			of Guilty of Murder in the First Degree

414.58	Verdict Forms:  Second Stage

414.60	First Instruction at the Second Stage of Trial: 
			After a Finding of Guilty of First Degree 
			Murder when the Defendant is Under the
			Age of Eighteen Years (Whether or not the 
			State is Seeking Life without Parole

414.62	Explanation of Order of Proceedings After a
			Finding of Guilty of Murder in the First
			Degree When the Defendant is Under the 
			Age of Eighteen Years and Evidence will be
			Presented (Whether or not the State is Seeking 
			Life without Parole)

414.63	Explanation of Order of Proceedings After a
			Finding of Guilty of Murder in the First 
			Degree When the Defendant is Under the
			Age of Eighteen Years and Evidence will Not
			be Presented (Whether or not the State is
			Seeking Life without Parole)

414.64	Guilty of Murder in the First Degree When
			the Defendant is Under the Age of Eighteen years:
			Injuries Inflicted by Defendant (When the State 
			is Seeking Life Without Parole)

414.66	Guilty of Murder in the First Degree When
			the Defendant is under the Age of Eighteen
			Years:  Statutory Aggravating Circumstances
			(When the State is Seeking Life Without
			Parole)

414.68	Guilty of Murder in the First Degree When
			the Defendant is Under the Age of Eighteen
			Years:  Factors to Consider in Determining
			Punishment (Whether or Not the State is
			Seeking Life Without Parole)

414.70A	Verdict Mechanics at the Second Stage of Trial:
			After a Finding of Guilty of Murder in the 
			First Degree When the Defendant is Under 
			the Age of Eighteen Years (When the State
			is Seeking Life Without Parole)

414.70B	Verdict Mechanics at the Second Stage of Trial:
			After a Finding of Guilty of Murder in the
			First Degree When the Defendant is Under
			the Age of Eighteen Years (When the State 
			is not Seeking Life Without Parole)

414.72	Argument of Counsel:  After a Finding 
			of Guilty of Murder in the First Degree
			When the Defendant is Under the 
			Age of Eighteen Years (Whether or not
			the State is Seeking Life Without Parole)

414.74A	Verdict Forms:  At the Second Stage of Trial:
				After a Finding of Guilty of Murder in the
				First Degree When the Defendant is under
				the Age of Eighteen Years (When the State 
				is Seeking Life without Parole)

414.74B	Verdict forms:  At the Second Stage of Trial:
				After a Finding of Guilty of Murder in the
				First Degree When the Defendant is under
				the Age of Eighteen Years (When the State
				is Not Seeking Life without Parole)

419.00 SERIES
OFFENSES AGAINST THE PERSON

419.02	Assault in the First Degree:
Knowingly Caused Serious Physical
Injury - Class A Felony
	
419.04	Assault in the First Degree:
Attempt - Serious Physical Injury -
Class A Felony

419.06	Assault in the First Degree:
Attempt – Serious Physical 
Injury -Special Victim - Class A Felony

419.08	Assault in the First Degree:
Attempt - No Serious Physical Injury -
Class B Felony
	
419.10	Assault in the Second Degree:
General – Special Victim -
Class B Felony

419.11	Assault in the Second Degree:
Knowingly Caused Serious Physical
Injury - Mitigated - Class D Felony

419.12	Assault in the Second Degree:
Attempt – Serious Physical
Injury - Mitigated - Class D Felony

419.13	Assault in the Second Degree
				General – Class D felony

419.14	Assault in the Third Degree:
Physical Injury – 
Class D or E Felony 
	
419.16	Assault in the Fourth Degree:  
Physical Injury – Risk of Serious 
Physical Injury – Class A misdemeanor

419.17	Assault in the Fourth Degree:
Physical Contact with Disabled
Person - Class A Misdemeanor

419.18	Assault in the Fourth Degree:
Class A or C Misdemeanor

419.20	Harassment in the First Degree

419.21	Harassment in the Second Degree	

419.22	Kidnapping in the First Degree:
				(1) For Ransom or Reward,
(2) For Use as a Shield or Hostage,
or (3) For Interfering with
Governmental Function	
 
419.24	Kidnapping in the First Degree:
				(1) For Facilitation of or
Flight From a Felony, or 
(2) For Injuring or Terrorizing 
Victim or Another	

419.26	Kidnapping in the Second Degree 
 
419.28	Kidnapping in the Third Degree 
	
419.29	Child Kidnapping 

419.40	Stalking in the First Degree	

419.42	Stalking in the Second Degree

419.60	Interference with Custody

419.62	Parental Kidnapping	

419.70.1	Child Abduction: After Service
 in a Proceeding	

419.70.2	Child Abduction: After Visitation
Period Outside State	

419.70.3	Child Abduction: For Payment	

419.70.4	Child Abduction: Custodian 
Retaining Child	

419.72	Domestic Assault in the First Degree:
Knowingly Caused Serious
Physical Injury 	

419.73	Domestic Assault in the First Degree:
Attempt to Kill or Cause Serious 
Physical Injury	

419.74	Domestic Assault in the Second Degree	

419.76	Domestic Assault in the Third Degree

419.78	Domestic Assault in the Fourth Degree:
				Physical Injury, Physical Pain, Illness 
				or Contact

419.79	Domestic Assault in the Fourth Degree: 
				Isolation

420.00 SERIES
 SEXUAL OFFENSES

420.01	Rape in the First Degree: Victim Less
than Twelve Years of Age	

420.02	Rape in the First Degree	

420.04	Rape in the Second Degree

420.06	Statutory Rape in the First Degree	

420.08	Statutory Rape in the Second Degree	

420.10	Sodomy in the First Degree: Victim
				Less than Twelve Years of Age	

420.12	Sodomy in the First Degree

420.14	Sodomy in the Second Degree

420.16	Statutory Sodomy in the First Degree	

420.18	Statutory Sodomy in the Second Degree	

420.20	Child Molestation in the First Degree	

420.22	Child Molestation in the Second Degree	

420.24	Child Molestation in the Third Degree	

420.26	Child Molestation in the Fourth Degree	

420.40	Sexual Abuse in the First Degree	

420.42	Sexual Abuse in the Second Degree

420.50.1	Sexual Misconduct Involving a Child
				by Indecent Exposure

420.50.2	Sexual Misconduct Involving a Child
				by Coercion or Inducement

420.52.1	Sexual Misconduct in the First Degree
				by Indecent Exposure

420.52.2	Sexual Misconduct in the First Degree
				by Public Sexual Activity

420.54	Sexual Misconduct in the Second Degree	

420.60	Enticement of a Child	

420.62	Attempted Enticement of a Child
		
420.80	Failure to Register as a Sex Offender	

420.82	Failure of Registered Sex Offender 
				to Notify of Change of Residence	

422.00 SERIES
OFFENSES AGAINST THE FAMILY

422.02.1	Bigamy: Bigamous Marriage in 
				Missouri
	
422.02.2	Bigamy: Cohabitation in Missouri
After Bigamous Marriage
in Another Jurisdiction	

422.04	Incest		
 
422.06	Abandonment of a Child in the
First Degree	

422.07	Abandonment of a Child in the
Second Degree	

422.08	Criminal Nonsupport	

422.10	Endangering the Welfare of a Child
in the First Degree	

422.11	Endangering the Welfare of a Child
in the Second Degree	

422.12	Abuse or Neglect of a Child	

422.14	Unlawful Transactions with a Child	

422.22.1	Trafficking in Children:  Delivery
or Offer of Delivery of a Child	

422.22.2	Trafficking in Children:  Execution
of a Consent or Waiver	

423.00 SERIES
ARSON, BURGLARY, TRESPASS AND 
RELATED  OFFENSES
 
423.02	Arson in the First Degree	

423.04	Arson in the Second Degree	
 
423.06	Arson in the Third Degree

423.10	Knowingly Burning or Exploding	
 
423.12	Reckless Burning or Exploding	

423.14	Negligent Burning or Exploding	
 
423.22	Tampering in the First Degree:
Motor Vehicle, etc.	

423.24	Tampering in the Second Degree:
Causing Substantial Inconvenience	

423.26	Tampering in the Second Degree:
Riding in a Vehicle	
 
423.28	Tampering in the Second Degree:
Property of Utility	

423.40	Property Damage in the First Degree	
 
423.42	Property Damage in the Second Degree

423.52	Burglary in the First Degree	

423.54	Burglary in the Second Degree	

423.56	Trespass in the First Degree:
Building or Inhabitable Structure	
 
423.58	Trespass in the First Degree:
Real Property		
 
423.60	Trespass in the Second Degree:
Lesser Included Offense	

424.00 SERIES
ROBBERY, STEALING AND RELATED OFFENSES

424.00	Robbery in the First Degree

424.01	Robbery in the Second Degree

424.02.1	Stealing: Without Consent		

424.02.2	Stealing:  By Deceit		

424.02.3	Stealing:  By Coercion

424.06	Stealing Leased or Rented Personal 
				Property

424.10	Receiving Stolen Property		
 
424.20.1	Forgery: Making or Altering a Writing	

424.20.2	Forgery: Destruction of a Writing		
 
424.20.3	Forgery: Making or Altering
Anything Other Than a Writing	
 
424.20.4	Forgery: Using, Possessing, 
or Transferring		

424.30.1	Passing Bad Checks: With Purpose to
Defraud: Insufficient Funds		

424.30.2	Passing Bad Checks: With Purpose
to Defraud: Nonexistent Drawee	
 
424.30.3	Passing Bad Checks: With Purpose  
to Defraud: No Account	

424.30.4	Passing Bad Checks:  Ten Day Notice 	

424.40	Fraudulent Use of a Credit Device or
Debit Device	

424.41	Trafficking in Stolen Identities

424.42	Identity Theft	

425.00 SERIES
CONTROLLED SUBSTANCES

425.02	Controlled Substances:  Possession
	
425.04.1	Controlled Substances: Delivery

425.04.2	Controlled Substances:  Attempt to 
				Deliver	

425.04.3	Controlled Substances: 
Possession with Intent to Deliver	

425.06.1	Controlled Substances:
Manufacture	

425.06.2	Controlled Substances:
Attempt to Manufacture	

425.10	Controlled Substances:
Trafficking in the First Degree 
 	
425.12	Controlled Substances:
Trafficking in the First Degree:
Attempt	

425.14	Controlled Substances:
Trafficking in the Second Degree

425.20	Controlled Substances:
Fraudulently Obtain or Attempt

425.22	Controlled Substances: 
Possession of Drug Paraphernalia

425.24	Controlled Substances:
Possession of Drug Paraphernalia
with Intent to Distribute, Deliver or Sell

425.26	Controlled Substances:
Distribution, Delivery or Sale of 
Drug Paraphernalia

425.28	Controlled Substances:
Delivery of an Imitation
Controlled Substance	

425.30	Controlled Substances:
Distribution in a Protected Location	

425.34	Controlled Substances:  
				Possession of Methamphetamine 
				Precursors	

425.36	Maintaining or Keeping a Public 
Nuisance	

426.00 SERIES
WEAPONS OFFENSES

426.02	Armed Criminal Action	

426.04	Unlawful Use of a Weapon:
Carrying a Concealed Weapon	

426.06	Unlawful Use of a Weapon: Exhibiting
	
426.08	Unlawful Use of a Weapon: Handling
or Discharging a Firearm While 
Intoxicated	

426.10	Unlawful Use of a Weapon:
Shooting into a Dwelling, etc.	

426.12	Unlawful Use of a Weapon: Carrying a
Weapon: School Bus, School 
Premises or School Activity	

426.14	Unlawful Possession of a Firearm

426.16	Unlawful Use of a Weapon:  Drive by
Shootings or Shooting at Person,
Building or Motor Vehicle	

426.18	Unlawful Possession, Manufacture,
Transport, Repair or Sale of
				Certain Weapons
	
426.20	Unlawful Possession of a Weapon
				While in Possession of 
				Controlled Substance

	427.00 SERIES	
	PORNOGRAPHY AND RELATED OFFENSES

427.16.1	Possession of Child Pornography:
Single Visual Depiction of Sexually
Explicit Conduct of a Minor	

427.16.2	Possession of Child Pornography:
Twenty-One or More Visual Depictions
Consisting of Still Images of Sexually
Explicit Conduct of a Minor	

427.16.3	Possession of Child Pornography:
Single Obscene Material or 
Performance	

427.16.4	Possession of Child Pornography:
Twenty-One or More Obscene 
Still Images	

427.18.1	Sexual Exploitation of a Minor:
Obscene Material or Performance
That is Child Pornography	

427.18.2	Sexual Exploitation of a Minor:
Visual Depiction of Sexually 
Explicit Conduct of a Minor

427.22	Use of a Child in a Sexual Performance	

427.24	Promoting a Sexual Performance
by a Child	

427.26	Failure to Report Child Pornography

429.00 SERIES
OFFENSES AGAINST THE
ADMINISTRATION OF JUSTICE

429.02	Concealing an Offense	
	
429.04	Hindering Prosecution	

429.10	Perjury		

429.60	Resisting or Interfering with Arrest	

429.61	Resisting or Interfering with a 
Lawful Stop or Detention	
 
429.86	Tampering with a Witness	

429.87	Tampering with a Victim

430.00 SERIES
OFFENSES AFFECTING GOVERNMENT

430.10	Bribery of a Public Servant	

430.12	Acceding to Corruption by Public Servant	

430.14	Obstructing Government Operations	

430.16	Official Misconduct	

430.18	Misuse of Official Information

431.00 SERIES
OFFENSES AFFECTING PUBLIC SAFETY

431.02	Driving While Intoxicated	

431.03	Driving While Intoxicated: Injury or Death

431.04	Driving with Excessive Blood Alcohol Content	

431.10	Leaving the Scene of an Accident	

431.30	Boating While Intoxicated	

431.32	Boating While Intoxicated:  Injury or Death

431.36	Boating with Excessive Blood Alcohol Content	

432.00 SERIES
MISCELLANEOUS OFFENSES

432.02	Driving Without a Valid License

432.04	Driving While License Suspended, Revoked
				or Canceled	

432.06	Violation of Order of Protection	

432.08	Failure to Appear

432.10	Abandonment of a Corpse

433.00 SERIES
DEFINITIONS

433.00	Definitions - General Form	
 
433.00	Definitions - Specific