When someone is charged with a crime, they can also be found guilty of a smaller or related crime that is part of the bigger charge. For example, if someone is charged with a serious crime, the jury might find them not guilty of that big crime but guilty of a lesser one. A judge only has to tell the jury about a lesser crime if there is a real reason — based on the evidence — why the jury might find the person not guilty of the bigger charge but guilty of the smaller one.
556.046. of s — jury instructions. — 1. A person may be of an included in an offense charged in the or . An offense is so included when:
(1) It is established by of the same or less than all the facts required to establish the charged; or
(2) It is specifically denominated by 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 to charge the jury with respect to an included offense unless there is a for a the person of the offense charged and convicting him or her 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 rational basis for a verdict acquitting the person of the offense charged and convicting the person of the included offense.
3. The court shall be obligated to instruct the jury with respect to a particular included offense only if the instruction is requested and there is a rational basis in the evidence for acquitting the person of the immediately higher included offense and convicting the person of that particular included offense.
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Source & history notes
(L. 1977 S.B. 60, A.L. 2001 S.B. 223, A.L. 2014 S.B. 491, A.L. 2022 S.B. 775, et al.) (1981) Statute providing that defendant may be convicted of offense included in offense charged is legislative determination that offense can be a lesser offense of another offense so that charge of greater will support conviction of lesser although lesser is not necessarily included in greater; declining to follow State v. Handley, 585 S.W.2d 458, to extent of conflict. State v. Wilkerson (Mo.), 616 S.W.2d 829. (1981) Statute must be construed as requiring an instruction on a lesser-included offense only where there is evidence of probative value which could form basis of an acquittal of greater offense and a conviction of lesser-included offense. State v. Hill (A.), 614 S.W.2d 744.
Related Missouri laws
Limitation on conviction for multiple offenses
RSMo 556.041
Time limitation to prosecute
RSMo 556.038
Time limitations for prosecutions for sexual offenses involving a person under eighteen
RSMo 556.037
Time limitations
RSMo 556.036
Code definitions
RSMo 556.061
Application to offenses committed before and after enactment
RSMo 556.031
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.