Section 565.002

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

Effective - 01 Oct 1984, 3 histories, see footnote   (history) 

  *565.002.  Until December 31, 2016 — Definitions. — As used in this chapter, unless a different meaning is otherwise plainly required:

  (1)  "Adequate cause" means 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;

  (2)  "Conduct" includes any act or omission;

  (3)  "Deliberation" means cool reflection for any length of time no matter how brief;

  (4)  "Intoxicated condition" means under the influence of alcohol, a controlled substance, or drug, or any combination thereof;

  (5)  "Operates" means physically driving or operating or being in actual physical control of a motor vehicle;

  (6)  "Serious physical injury" means physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body;

  (7)  "Sudden passion" means 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;

  (8)  "Trier" means the judge or jurors to whom issues of fact, guilt or innocence, or the assessment and declaration of punishment are submitted for decision.

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(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A)

Effective 10-01-84

*This section was amended by S.B. 491 and further amended by H.B. 1371, 2014, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.