§ 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.

Legislative History

(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