565.023. Voluntary manslaughter, penalty — under influence of sudden passion, defendant‘s burden to inject. — 1. A person commits the offense of voluntary manslaughter if he or she:
Terms Used In Missouri Laws 565.023
- Adequate cause: cause that would reasonably produce a degree of passion in a person of ordinary temperament sufficient to substantially impair an ordinary person's capacity for self-control. See Missouri Laws 565.002
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Sudden passion: passion directly caused by and arising out of provocation by the victim or another acting with the victim which passion arises at the time of the offense and is not solely the result of former provocation. See Missouri Laws 565.002
(1) Causes the death of another person under circumstances that would constitute murder in the second degree under subdivision (1) of subsection 1 of section 565.021, except that he or she caused the death under the influence of sudden passion arising from adequate cause; or
(2) Knowingly assists another in the commission of self-murder.
2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section.
3. The offense of voluntary manslaughter is a class B felony.