Section 556.046

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 556

Effective - 28 Aug 2001, 3 histories, see footnote   (history) 

  *556.046.  Until December 31, 2016 — Conviction of included offenses — jury instructions. — 1.  A defendant may be convicted of an offense included in an offense charged in the indictment or information.  An offense is so included when:

  (1)  It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or

  (2)  It is specifically denominated by statute as a lesser degree of the offense charged; or

  (3)  It consists of an attempt to commit the offense charged or to commit an offense otherwise included therein.

  2.  The court shall not be obligated to charge the jury with respect to an included offense unless there is a basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense.  An offense is charged for purposes of this section if:

  (1)  It is in an indictment or information; or

  (2)  It is an offense submitted to the jury because there is a basis for a verdict acquitting the defendant of the offense charged and convicting the defendant of the included offense.

  3.  The court shall be obligated to instruct the jury with respect to a particular included offense only if there is a basis in the evidence for acquitting the defendant of the immediately higher included offense and there is a basis in the evidence for convicting the defendant of that particular included offense.

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(L. 1977 S.B. 60, A.L. 2001 S.B. 223)

*This section was amended by S.B. 491, 2014, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.