MO 433.00 DEFINITIONS – SPECIFIC

MO 433.00 DEFINITIONS – SPECIFIC

State: Missouri

Missouri Approved Instructions–Criminal (MAI-CR) 4th

433.00 DEFINITIONS – SPECIFIC

Definitions for use in instructing juries under MAI-CR, arranged alphabetically, with section number of statutory source indicated in brackets: *

Abuse.

[As used in Sections 455.010 to 455.085] includes but is not limited to the occurrence of any of the following acts, attempts or threats against a person who may be protected pursuant to Sections 455.010 to 455.085: [Continue by asserting acts charged.] [§ 455.010(1), RSMo 2016] (See MAI-CR 4th 432.06.)

Access.

[As used in the Code] means to instruct, communicate with, store data in, retrieve or extract data from, or otherwise make any use of any resources of, a computer, computer system, or computer network. [§ 556.061(1), RSMo 2016]

Acts with criminal negligence.

See definition of “Criminal negligence.”

Acts knowingly.

See definition of “Knowingly.”

Acts purposely.

See definition of “Purposely.”

Acts recklessly.

See definition of “Recklessly.”

Actual notice in writing.

[As used in Section 570.120] means notice of the nonpayment that is actually received by the defendant. Such notice may include the service of summons or warrant upon the defendant for the initiation of the prosecution of the check or checks that are the subject matter of the prosecution if the summons or warrant contains information of the ten-day period during which the instrument may be paid and that payment of the instrument within such ten-day period will result in dismissal of the charges. The requirement of notice shall also be satisfied for written communications that are tendered to the defendant and that the defendant refuses to accept. [§ 570.120.2, RSMo 2016]

Addict.

[As used in Chapter 195 and Chapter 579, unless the context requires otherwise] means a person who habitually uses one or more controlled substances to such an extent as to create a tolerance for such drugs, or who is so far addicted to the use of such drugs as to have lost the power of self-control with reference to his or her addiction. [§ 195.010(1), RSMo 2016]

Adequate care.

[As used in Chapter 578] means normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal. [§ 578.005(1), RSMo 2016]

Adequate cause.

[As used in Chapter 565] 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. [§ 565.002(1), RSMo Supp. 2017]

Adequate control.

[As used in Chapter 578] means to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal, or property. [§ 578.005(2), RSMo 2016]

Administer or Administration.

[As used in Chapter 195 and 579, unless the context otherwise requires] means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:

(a) a practitioner (or, in the practitioner’s presence, by the practitioner’s authorized agent); or

(b) the patient or research subject at the direction and in the presence of the practitioner. [§ 195.010(2), RSMo 2016]

Adult.

[As used in Sections 455.010 to 455.085] means any person seventeen years of age or older or otherwise emancipated. [§ 455.010(2), RSMo 2016]

Adulterated.

[As used in Chapter 570] means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulations of this state lawfully filed, or if none, as set by commercial usage. [§ 570.010(1), RSMo 2016]

Affidavit.

[As used in Chapters 575 and 576] means any written statement that is authorized or required by law to be made under oath, and that is sworn to before a person authorized to administer oaths. [§ 575.010(1), RSMo 2016]

[As used in Section 562.056] means any director, officer, or employee of a corporation or unincorporated association or any other person who is authorized to act in behalf of the corporation or unincorporated association. [§ 562.056.3(1), RSMo 2016]

[As used in Chapter 195 and Chapter 579, unless the context otherwise requires] means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman while acting in the usual and lawful course of the carrier’s or warehouseman’s business. [§ 195.010(3), RSMo 2016]

Alarm.

[As used in Sections 455.010 to 455.085 in the definition of “stalking” for adult abuse] means to cause fear of danger of physical harm. [§ 455.010(13)(a), RSMo 2016]

Anal intercourse.

Means any penetration, however slight, of the rectal opening by the male sex organ, whether or not an emission results.

Animal.

[As used in Section 566.111] means every creature, either alive or dead, other than a human being. [§ 566.111.5(1), RSMo 2016]

[As used in Chapter 578, except for Sections 578.029 and 578.405, RSMo 2016] means every living vertebrate except a human being. [§ 578.005(3), RSMo 2016]

[As used in Sections 578.029 and 578.405, RSMo 2016] means every living creature, domesticated or wild, but not including Homo sapiens. [§§ 578.029.2 and 578.405.2(1), RSMo 2016]

Appropriate or Appropriated.

[As used in Chapter 570] means to take, obtain, use, transfer, conceal, retain, or dispose. [§ 570.010(2), RSMo 2016]

Arrest.

[The term is subject to more than one definition, depending upon the statute and the facts of the particular case. Consult § 544.180, RSMo 2016]

Arson.

A person commits the offense of arson when the person knowingly damages a building or inhabitable structure by starting a fire or causing an explosion. [§ 569.050, RSMo 2016]

Assault or Assaulting.

[As used in Chapter 455.010 to 455.085] means purposely or knowingly placing or attempting to place another in fear of physical harm. [§ 455.010(1)(a), RSMo 2016]

Attempt (to commit an offense).

The doing of any act, with the purpose of committing an offense, which act is a substantial step toward the commission of the offense. A substantial step means conduct which is strongly corroborative of the firmness of the actor’s purpose to complete the commission of the offense. (It is no defense that it was factually or legally impossible to commit [name of offense] if such offense could have been committed had the circumstances been as the defendant believed them to be.) [§ 562.012, RSMo 2016]

Battery or Battering.

[As used in Chapter 455.010 to 455.085] means purposely or knowingly causing physical harm to another with or without a deadly weapon. [§ 455.010(1)(b), RSMo 2016]

Beastiality.

A sexual act between a person and an animal [or draft other appropriate definition].

Blackjack.

[As used in Chapter 571] means any instrument that is designed or adapted for the purpose of stunning or inflicting physical injury by striking a person, and which is readily capable of lethal use. [§ 571.010(2), RSMo 2016]

Burglary.

A person commits the offense of burglary when the person knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing [Specify name of offense and, upon request, add the definition of the object offense to this definition.]. [§ 569.170, RSMo 2016]

Cable worker.

[As used in Chapter 565, unless a different meaning is otherwise plainly required] means any employee of a cable operator, as such term is defined in Section 67.2677, including any person employed under contract, while in the performance of his or her job duties. [§ 565.002(14)(j), RSMo Supp. 2017]

Check.

[As used in Chapter 570] means a check or other similar sight order or any other form of presentment involving the transmission of account information for the payment of money. [§ 570.010(3), RSMo 2016]

Child.

[For purposes of Section 568.040] means any biological or adoptive child, or any child whose paternity has been established under Chapter 454, RSMo, or Chapter 210, RSMo, or any child whose relationship to the defendant has been determined, by a court of law in a proceeding for dissolution or legal separation, to be that of child to parent. [§ 568.040.2(2), RSMo Supp. 2017]

[As used in Section 565.002] means a person under seventeen years of age. [§ 565.002(2), RSMo Supp. 2017]

[For purposes of Sections 565.149 through 565.169] means a person under seventeen years of age. [§ 565.149(1), RSMo 2016] [For purposes of Chapter 573] means any person under the age of fourteen. [§ 573.010(1), RSMo 2016]

Coercion or Coerced.

[As used in Chapter 570] means a threat, however communicated:

(a) to commit any offense; or

(b) to inflict physical injury in the future on the person another; or

(c) to accuse any person of any offense; or

(d) to expose any person to hatred, contempt, or ridicule; or

(e) to harm the credit or business reputation of any person; or

(f) to take or withhold action as a public servant, or to cause a public servant to take or withhold action; or

(g) to inflict any other harm which would not benefit the actor.

A threat of accusation, lawsuit, or other invocation of official action is justified and not coercion if the property sought to be obtained by virtue of such threat was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit, or other official action relates, or as compensation for property or lawful service. [§ 570.010(3), RSMo 2016]

Coercion or Coercing.

[As used in Sections 455.010 to 455.085] means compelling another by force or threat of force to engage in conduct from which the latter has a right to abstain or to abstain from conduct in which the person has a right to engage. [§ 455.010(1)(c), RSMo 2016]

[As used in Section 566.083] means to compel by force or threat.

Cohabit.

[As used in Chapter 568] persons cohabit when they live together as husband and wife.

Commercial film and photographic print processor.

[As used in the Code] means any person who develops exposed photographic film into negatives, slides or prints, or who makes prints from negatives or slides, for compensation. The term commercial film and photographic print processor shall include all employees of such persons but shall not include a person who develops film or makes prints for a public agency. [§ 556.061(4), RSMo 2016]

Commercial Sex Act.

[For purposes of Section 566.010(2), RSMo 2016] means any sex act on account of which anything of value is given to or received by any person. [§ 566.010(2), RSMo Supp. 2017]

Computer.

[As used in the Code] means the box that houses the central processing unit (cpu), along with any internal storage devices, such as internal hard drives, and internal communication devices, such as internal modems capable of sending or receiving electronic mail or fax cards, along with any other hardware stored or housed internally. Thus, computer refers to hardware, software and data contained in the main unit. Printers, external modems attached by cable to the main unit, monitors, and other external attachments will be referred to collectively as peripherals and discussed individually when appropriate. When the computer and all peripherals are referred to as a package, the term “computer system” is used. Information refers to all the information on a computer system including both software applications and data. [§ 556.061(5), RSMo 2016]

Computer equipment.

[As used in the Code] means computers, terminals, data storage devices, and all other computer hardware associated with a computer system or network. [§ 556.061(6), RSMo 2016]

Computer hardware.

[As used in the Code] means all equipment that can collect, analyze, create, display, convert, store, conceal or transmit electronic, magnetic, optical or similar computer impulses or data. Hardware includes, but is not limited to, any data processing devices, such as central processing units, memory typewriters and self-contained laptop or notebook computers; internal and peripheral storage devices, transistor-like binary devices and other memory storage devices, such as floppy disks, removable disks, compact disks, digital video disks, magnetic tape, hard drive, optical disks and digital memory; local area networks, such as two or more computers connected together to a central computer server via cable or modem; peripheral input or output devices, such as keyboards, printers, scanners, plotters, video display monitors and optical readers; and related communication devices, such as modems, cables and connections, recording equipment, RAM or ROM units, acoustic couplers, automatic dialers, speed dialers, programmable telephone dialing or signaling devices and electronic tone- generating devices; as well as any devices, mechanisms or parts that can be used to restrict access to computer hardware, such as physical keys and locks. [§ 556.061(7), RSMo 2016]

Computer network.

[As used in the Code] means two or more interconnected computers or computer systems. [§ 556.061(8), RSMo 2016]

Computer program.

[As used in the Code] means a set of instructions, statements, or related data that directs or is intended to direct a computer to perform certain functions. [§ 556.061(9), RSMo 2016]

Computer software.

[As used in the Code] means digital information that can be interpreted by a computer and any of its related components to direct the way they work. Software is stored in electronic, magnetic, optical or other digital form. It commonly includes programs to run operating systems and applications, such as word processing, graphic, or spreadsheet programs, utilities, compilers, interpreters and communications programs. [§ 556.061(10), RSMo 2016]

Computer-related documentation.

[As used in the Code] means written, recorded, printed or electronically stored material that explains or illustrates how to configure or use computer hardware, software or other related items. [§ 556.061(11), RSMo 2016]

Computer system.

[As used in the Code] means a set of related, connected or unconnected, computer equipment, data, or software. [§ 556.061(12), RSMo 2016]

Conduct or conducts.

[As used in Chapter 565] includes any act or omission. [§ 565.002(3), RSMo Supp. 2017]

[As used in Section 574.105] means initiating, concluding or participating in initiating or concluding a transaction. [§ 574.105.1(1), RSMo 2016]

Confinement.

[As used in the Code] (a) A person is in confinement when such person is held in a place of confinement pursuant to arrest or order of a court, and remains in confinement until:

a. a court orders the person’s release; or

b. the person is released on bail, bond, or recognizance, personal or otherwise; or

c. a public servant having the legal power and duty to confine the person authorizes his or her release without guard and without condition that he or she return to confinement.

(b) A person is not in confinement if:

a. the person is on probation or parole, temporary or otherwise; or

b. the person is under sentence to serve a term of confinement, which is not continuous, or is serving a sentence under a work-release program, and in either such case is not being held in a place of confinement or is not being held under guard by a person having the legal power and duty to transport the person to or from a place of confinement. [§ 556.061(13), RSMo 2016]

Consent.

[As used in the Code] Consent or lack of consent may be expressed or implied. Assent does not constitute consent if:

(a) it is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor; or

(b) it is given by a person who by reason of youth, mental disease or defect, intoxication, a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or

(c) it is induced by force, duress, or deception. [§ 556.061(14), RSMo 2016]

Construction zone.

[As used in Section 304.582 and 304.585] means any area upon or around any highway as defined in Section 302.010 which is visibly marked by the department of transportation or a contractor or subcontractor performing work for the department of transportation as an area where construction, maintenance, incident removal, or other work is temporarily occurring. It includes the lanes of highway leading up to the area upon which an activity described in this subsection is being performed, beginning at the point where appropriate signs or traffic control devices are posted or placed.
[§ 304.580, RSMo 2016]

Controlled substance.

[As used in the Code] includes [name of controlled substance shown by the evidence]. [§§ 195.010(5), 556.061(15), 577.001(8), RSMo 2016]

Controlled substance analogue.

[As used in Chapter 195 and Chapter 579, unless the context otherwise requires] means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:

(a) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or

(b) with respect to a particular individual, which that individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II. The term does not include a controlled substance; any substance for which there is an approved new drug application; any substance for which an exemption is in effect for investigational use, for a particular person, under Section 505 of the federal Food, Drug and Cosmetic Act (21 U.S.C. 355) to the extent conduct with respect to the substance is pursuant to the exemption; or any substance to the extent not intended for human consumption before such an exemption takes effect with respect to the substance.
[§ 195.010(6), RSMo 2016]

Correctional center.

[As used in Chapter 217] means any premises or institution where incarceration, evaluation, care, treatment, or rehabilitation is provided to persons who are under the authority of the department of corrections. [§ 217.010(4), RSMo 2016]

Corrections employee.

[As used in Chapter 575] means a person who is an employee, or contracted employee of a subcontractor, of a department or agency responsible for operating a jail, prison, correctional facility, or sexual offender treatment center or a person who is assigned to work in a jail, prison, correctional facility or sexual offender treatment center. [§ 575.155.2(1), RSMo 2016]

Counterfeit substance.

[As used in Chapter 195 and Chapter 579, unless the context otherwise requires] means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance. [§ 195.010(7), RSMo 2016]

Course of conduct.

[As used in Chapter 565] means a pattern of conduct composed of two or more acts, which may include communication, by any means, over a period of time, however short, evidencing a continuity of purpose. (The phrase “course of conduct” does not include [Insert facts that, if believed, would establish that defendant was engaged in constitutionally protected activity, such as picketing or other organized protests.]) [§ 565.002(4), RSMo Supp. 2017]

[As used in Sections 455.010 to 455.085 in the definition of stalking for adult abuse] means a pattern of conduct composed of repeated acts over a period of time, however short, that serves no legitimate purpose. Such conduct may include, but is not limited to, following the other person or unwanted communication or unwanted contact. [§ 455.010(13)(b), RSMo 2016]

Credit device.

[As used in Chapter 570] means a writing, card, code, number, or other device purporting to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer. [§ 570.010(5), RSMo 2016]

Criminal negligence or criminally negligent.

[As used in the Code] A person acts with criminal negligence or is criminally negligent when a person fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. [§ 556.061(16), RSMo 2016]

Custody.

[As used in the Code] A person is in custody when he or she has been arrested but has not been delivered to a place of confinement. [§ 556.061(17), RSMo 2016]

Damage.

[As used in the Code] means any alteration, deletion, or destruction of any part of a computer system or network.
[§ 556.061(18), RSMo 2016]

Dangerous instrument.

[As used in the Code] means any instrument, article, or substance that, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury. [§ 556.061(20), RSMo 2016]

Data.

[As used in the Code] means a representation of information, facts, knowledge, concepts, or instructions prepared in a formalized or other manner and intended for use in a computer or computer network. Data may be in any form including, but not limited to, printouts, microfiche, magnetic storage media, punched cards and as may be stored in the memory of a computer. [§ 556.061(21), RSMo 2016]

Deadly force.

[As used in Chapter 563] means physical force which the actor uses with the purpose of causing or which he or she knows to create a substantial risk of causing death or serious physical injury. [§ 563.011(1), RSMo 2016]

Deadly weapon.

[As used in the Code] means any firearm, loaded or unloaded, or any weapon from which a shot, readily capable of producing death or serious physical injury, may be discharged, or a switchblade knife, dagger, billy club, blackjack, or metal knuckles. [§ 556.061(22), RSMo 2016]

Dealer.

[As used in Chapter 570] means a person in the business of buying and selling goods. [§ 570.010(6), RSMo 2016]

Debit device.

[As used in Chapter 570] means a writing, card, code, number, or other device, other than a check, draft, or similar paper instrument, by the use of which a person may initiate an electronic fund transfer, including but not limited to devices that enable electronic transfers of benefits to public assistance recipients.
[§ 570.010(6), RSMo 2016]

Deceit or deceive.

[As used in Chapter 570] means making a representation which is false and which the actor does not believe to be true and upon which the victim relies, as to a matter of fact, law, value, intention, or other state of mind, or concealing a material fact as to the terms of a contract or agreement. The term “deceit” does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. Deception as to the actor’s intention to perform a promise shall not be inferred from the fact alone that the actor did not subsequently perform the promise. [§ 570.010(8), RSMo 2016]

Deliberation.

[As used in Chapter 565] means cool reflection for any length of time no matter how brief. [§ 565.002(5), RSMo Supp. 2017]

Deliver, Delivered, or Delivery.

[As used in Chapter 195 and Chapter 579, unless the context otherwise requires] means the actual, constructive, or attempted transfer from one person to another of drug paraphernalia or of a controlled substance, or an imitation controlled substance, whether or not there is an agency relationship, and includes a sale. [§ 195.010(8), RSMo 2016]

Dentist.

[As used in Chapter 195 and Chapter 579, unless the context otherwise requires] means a person authorized by law to practice dentistry in this state. [§ 195.010(9), RSMo 2016]

Depressant or stimulant substance.

[As used in Chapter 195 and Chapter 579, unless the context otherwise requires] means:

(a) a drug containing any quantity of barbituric acid or any of the salts of barbituric acid or any derivative of barbituric acid which has been designated by the United States Secretary of Health and Human Services as habit forming under 21 U.S.C. 352(d); or

(b) a drug containing any quantity of:

a. amphetamine or any of its isomers; or

b. any salt of amphetamine or any salt of an isomer 
of amphetamine; or

c. any substance the United States Attorney General, after investigation, has found to be, and by regulation designated as, habit forming because of its stimulant effect on the central nervous system; or

(c) lysergic acid diethylamide; or

(d) any drug containing any quantity of a substance that the United states Attorney General, after investigation, has found to have, and by regulation designated as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect.[§ 195.010(10), RSMo 2016]

Deprive or Depriving.

[As used in Chapter 570] means

(a) to withhold property from the owner permanently; or

(b) to restore property only upon payment of reward or 
other compensation; or

(c) to use or dispose of property in a manner that makes recovery of the property by the owner unlikely. [§ 570.010(9), RSMo 2016]

Deviate sexual intercourse.

[As used in Chapters 566 and 567 for offenses occurring on or after January 1, 2017] means any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the penis, female genitalia, or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim. [§§ 566.010(3), RSMo Supp. 2017 and 567.010(1), RSMo 2016]

Digital camera.

[As used in the Code] means a camera that records images in a format that enables the images to be downloaded into a computer. [§ 556.061(23), RSMo 2016]

Disability.

[As used in the Code] means a mental, physical, or developmental impairment that substantially limits one or more of a person’s major life activities or the ability to provide adequately for one’s care or protection, whether the impairment is congenital or acquired by accident, injury, or disease, where such impairment is verified by medical findings. [§ 556.061(24), RSMo 2016]

Dispense.

[As used in Chapter 195] means to deliver a narcotic or controlled dangerous drug to an ultimate user or research subject by or pursuant to the lawful order of a practitioner including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for such delivery. Deliver means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship, and includes a sale. [§ 195.010(11) and (8), RSMo 2016]

Dispenser.

[As used in Chapter 195] means a practitioner who dispenses. [§ 195.010(11), RSMo 2016]

Distribute, Distributed, or Distribution.

[As used in Chapter 195] means to deliver other than by administering or dispensing a controlled substance. [§ 195.010(12), RSMo 2016]

Distributor.

[As used in Chapter 195] means a person who distributes. [§ 195.010(13), RSMo 2016]

Disturbs.

[As used in Sections 565.225 and 565.227] means to engage in a course of conduct directed at a specific person that serves no legitimate purpose and that would cause a reasonable person under the circumstances to be frightened, intimidated, or emotionally distressed. [§ 565.225.1, RSMo Supp. 2017]

Drive or driving.

[As used in Chapter 577] means physically driving or operating a vehicle or vessel. [§ 577.001(9), RSMo 2016]

Drug paraphernalia.

[As used in Chapter 195 and in Chapter 579, unless the context otherwise requires] means all equipment, products, substances, and materials of any kind which are (used) (intended for use) (designed for use) in [Insert applicable term or terms from balance of Section 195.010(17), RSMo, identifying the use, such as planting, injecting.] ([name of controlled substance or imitation controlled substance]), (a controlled substance) (an imitation controlled substance). [If applicable to the facts of the case, add: “It includes [Insert applicable subsection (a) through (m) of Section 195.010(17).]”] [If “imitation controlled substance” is used, that term must be defined.] [§ 195.010(17), RSMo 2016]

Duress.

Means coercion of a person to engage in conduct by the use of, or threatened imminent use of, unlawful physical force upon him or her or a third person, which force or threatened force a person of reasonable firmness in his or her situation would have been unable to resist. [§ 562.071, RSMo 2016]

Dwelling.

[As used in Chapter 563] means any building, inhabitable structure, or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile, that has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night. [§ 563.011(2), RSMo 2016]

Elderly person.

[As used in the Code] means a person sixty years of age or older. [§556.061(25), RSMo 2016]

Electronic benefits card or “EBT card.”

[As used in Chapter 570] means a debit card used to access food stamps or cash benefits issued by the department of social services. [§ 570.010(10), RSMo 2016]

Emancipated.

[As used in Chapter 568], a child is “emancipated” when [Set forth any applicable basis for emancipation under Section 452.340, RSMo.]

Emotional distress.

[As used in Chapter 565] means something markedly greater than the level of uneasiness, nervousness, unhappiness, or the like which are commonly experienced in day-to-day living.
[§ 565.002(7), RSMo Supp. 2017]

Enter unlawfully or remain unlawfully or entered unlawfully or remained unlawfully.

[As used in Chapter 569] a person “enters unlawfully or remains unlawfully” in or upon premises when he or she is not licensed or privileged to do so. A person who, regardless of his or her purpose, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he or she defies a lawful order not to enter or remain, personally communicated to him or her by the owner of such premises or by other authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. [§ 569.010(2), RSMo 2016]

Enterprise.

A project, an undertaking, or a venture.

Entrapment.

An entrapment is perpetrated if a law enforcement officer or a person acting in cooperation with such an officer, for the purpose of obtaining evidence of the commission of an offense, solicits, encourages, or otherwise induces another person to engage in conduct when he or she was not ready and willing to engage in such conduct. [§ 562.066.2, RSMo 2016]

Evidence in aggravation.

[As used in Chapter 565] means any fact or circumstance that supports the imposition of the death penalty. [§§ 565.030 and 565.032, RSMo 2016]

Evidence in mitigation.

[As used in Chapter 565] means any fact or circumstance that supports a penalty less that death. [§ 565.030 and 565.032, RSMo 2016]

Explosive weapon.

[As used in Section 570.030 and Chapter 571] means any explosive, incendiary, or poison gas bomb or similar device designed or adapted for the purpose of inflicting death, serious physical injury, or substantial property damage; or any device designed or adapted for delivering or shooting such a weapon. The term “explosive” means any chemical compound mixture or device, the primary or common purpose of which is to function by explosion, including but not limited to, dynamite and other high explosives, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cords, igniter cords, and igniters or blasting agents. [§ 571.010(7), RSMo 2016]

Family or household member.

[As used in Sections 455.010 to 455.085] means spouses, former spouses, any person related by blood or marriage, persons who are presently residing together or have resided together in the past, any person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and anyone who has a child in common regardless of whether they have been married or have resided together at any time. [§ 455.010(7), RSMo 2016]

Felony.

[As used in the Code] means an offense so designated or an offense for which person found guilty thereof may be sentenced to death or imprisonment for a term of more than one year.
[§ 556.061(26), RSMo 2016]

Financial institution.

[As used in Chapter 570] means a bank, trust company, savings and loan association, or credit union. [§ 570.010(11), RSMo 2016]

Firearm.

Means any weapon that is designed or adapted to expel a projectile by the action of an explosive. [§ 571.010(8), RSMo 2016] (Compare § 574.070, RSMo 2016.)

Firearm silencer.

[As used in Chapter 571] means any instrument, attachment, or appliance that is designed or adapted to muffle the noise made by the firing of any firearm. [§ 571.010(9), RSMo 2016]

Food stamps.

[As used in Chapter 570] means the nutrition assistance program in Missouri that provides food and aid to low-income individuals who are in need of benefits to purchase food operated by the United States Department of Agriculture (USDA) in conjunction with the department of social services [§ 570.010(12), RSMo 2016]

Forced labor.

[As used in Chapters 566 and 568] means a condition of servitude induced by means of:

(a) Any scheme, plan, or pattern of behavior intended to cause a person to believe that, if the person does not enter into or continue the servitude, such person or another person will suffer substantial bodily harm or physical restraint; or

(b) The abuse or threatened abuse of the legal process. [§ 566.010(4), RSMo Supp. 2017]

Forcible compulsion.

[As used in the Code] means either

(a) physical force that overcomes reasonable resistance, or

(b) a threat, expressed or implied, that places a person in reasonable fear of death, serious physical injury, or kidnapping of such person or another person. [§ 556.061(27), RSMo 2016]

[As used in Sections 566.030 and 566.060] means (either) (physical force that overcomes reasonable resistance) (or) (a threat, express or implied, that places a person in reasonable fear of (death) (or) (serious physical injury) (or) (kidnapping) (of (himself) (or) (another person)). (It includes the use of a substance administered without the victim’s knowledge or consent and which renders the victim (physically) (or) (mentally) impaired so as to be incapable of making an informed consent to sexual intercourse.) (The term “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.) [§§ 556.061(27), 566.030 and 566.060, RSMo 2016]

Forcible felony.

[As used in Chapter 563] means [Insert name of forcible felony used in the justification instruction.]. [§ 563.011(3), RSMo 2016]

Forgery.

A person commits the offense of forgery if, with the purpose to defraud, the person

(1) makes, completes, alters, or authenticates any writing so that it purports to have been made by another or at another time or place or in a numbered sequence other than was in fact the case or with different terms or by authority of one who did not give such authority; or

(2) erases, obliterates, or destroys any writing; or

(3) makes or alters anything other than a writing, including receipts and universal product codes, so that it purports to have a genuineness, antiquity, rarity, ownership, or authorship, which it does not possess; or

(4) uses as genuine, or possesses for the purpose of using as genuine, or transfers with the knowledge or belief that it will be used as genuine, any writing or other thing, including receipts and universal product codes, which the actor knows has been made or altered in the manner described above. [§ 570.090, RSMo 2016]

Furnish.

[As used in Chapter 573] means to issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide. [§ 573.010(7), RSMo 2016]

Gain.

[As used in Section 560.011] means the amount of money or the value of property derived from the commission of the offense. [§ 558.002.3, RSMo 2016]

Gas gun.

[As used in Chapter 571] means any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb, that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance. [§ 571.010(10), RSMo 2016]

Good cause.

[For purposes of Section 568.040] means any substantial reason why the defendant is unable to provide adequate support. Good cause does not exist if the defendant purposely maintains his or her inability to support. [§ 568.040.2(2), RSMo Supp. 2017]

[For purposes of Sections 565.090 and 565.091] means a cause that would motivate a reasonable person under the circumstances under which the act occurred. [Based on State v. Vaughn, 366 S.W.3d 513 (Mo. banc 2012).]

Government or Governmental.

[As used in Chapters 575 and 576] means any branch or agency of the government of this state or of any political subdivision thereof. [Upon request, insert a definition or example of applicable subdivision.] [§ 575.010(2), RSMo 2016]

Harass, Harassed or Harassing.

[As used in § 565.090] means [Include appropriate statutory descriptions to describe the offense of harassing under this section.] [§ 565.090, RSMo 2016]

Harassment or Harassing.

[As used in Sections 455.010 to 455.085] means engaging in a purposeful or knowing course of conduct involving more than one incident that alarms or causes distress to an adult or child and serves no legitimate purpose. The course of conduct must be such as would cause a reasonable adult or child to suffer substantial emotional distress and must actually cause substantial emotional distress to [Identify victim.]. Such conduct might include, but is not limited to:

(a) following another about in a public place or places;

(b) peering in the window or lingering outside the residence of another; but does not include constitutionally protected activity. [See definition of “substantial emotional distress.”]
[§ 455.010(1)(d), RSMo 2016]

Highway.

[As used in Chapter 302] means any public thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways, or alleys in any municipality.

[§ 302.010(7), RSMo 2016]

[As used in Chapters 575 and 576] means any public road or thoroughfare for vehicles; including state roads, county roads and public streets, avenues, boulevards, parkways or alleys in any municipality. [§ 575.010(3), RSMo 2016]

Highway worker or worker.

[As used in Section 304.582 and 304.585] means any person that is working in a construction zone or work zone, or any employee of the department of transportation that is performing duties under the department’s motorist assist program on a state highway or the right-of-way of a state highway. [§ 304.580, RSMo 2016]

[As used in Chapter 565, unless a different meaning is otherwise plainly required] means a highway worker in a construction or work zone as the terms “highway worker,” “construction zone,” and “work zone” are defined under § 304.580. [§ 565.002(14)(h), RSMo Supp. 2017]

Identity theft.

A person commits the offense of identity theft if he or she knowingly and with the intent to deceive or defraud obtains, possesses, transfers, uses, or attempts to obtain, transfer or use, one or more means of identification not lawfully issued for his or her use. [§ 570.223, RSMo 2016]

Imitation controlled substance.

[As used in Chapter 195] means a substance which, by its dosage unit appearance (including color, shape, size, and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance, even though it is not a controlled substance. [§ 195.010(21), RSMo 2016]

Immediate precursor.

[As used in Chapter 195 and in Chapter 579, unless the context otherwise requires] means a substance that the state department of health and senior services has found to be and by rule designates as being the principal compound commonly used or produced primarily for use in the manufacture of a controlled substance, and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance and the control of which is necessary to prevent, curtail, or limit the manufacture of a controlled substance. [§ 195.010(20), RSMo 2016]

Incapacitated.

[As used in the Code] means a temporary or permanent physical or mental condition in which a person is unconscious, unable to appraise the nature of his or her conduct, or unable to communicate unwillingness to an act. [§ 556.061(28), RSMo 2016]

Infraction.

[As used in the Code] means a violation defined by this code or by any other statute of this state if it is so designated or if no sentence other than a fine, or fine and forfeiture or other civil penalty, is authorized upon conviction. [§ 556.061(29), RSMo 2016]

Inhabitable structure.

[As used in the Code] means a vehicle, vessel or structure:

(a) where any person lives or carries on business or other calling; or

(b) where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; or

(c) which is used for overnight accommodation of persons.

Any such vehicle, vessel, or structure is “inhabitable” regardless of whether a person is actually present. [§ 556.061(30), RSMo 2016]

Inhabitable structure of another.

[As used in the Code] means if a building or structure is divided into separately occupied units, any unit not occupied by the actor is an inhabitable structure of another. [§556.061(30), RSMo 2016]

Initial aggressor.

Means one who first (attacks) (or) threatens to attack) another.

Intellectual disability or intellectually disabled.

[As used in Chapter 565] refers to a condition involving substantial limitations in general functioning characterized by significantly subaverage intellectual functioning with continual extensive related deficits and limitations in two or more adaptive behaviors such as communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure and work, which conditions are manifested and documented before eighteen years of age. (See Chapter 414 of MAI- CR 4th.) [§ 565.030, RSMo 2016]

Internet service.

[As used in Chapter 570] means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the internet, or any comparable system or service and also includes, but is not limited to, a world wide web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service. [§ 570.010(14), RSMo 2016]

Intoxicated or intoxicated condition.

[As used in Chapter 577] means when a person is under the influence of alcohol, a controlled substance, or drug, or any combination thereof. [§ 577.001.1(13), RSMo Supp. 2017]

Intoxicating liquor.

[As used in Chapter 311] means alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes, containing in excess of one-half of one percent by volume. [§ 311.020, RSMo 2016]

Judicial officer.

[As used in Section 575.095] means a judge, arbitrator, special master, (deputy) juvenile officer, (assistant) state prosecuting or circuit attorney, juvenile court commissioner, state probation or parole officer, or referee. [§ 575.095.2, RSMo 2016]

Judicial proceeding.

[As used in Chapters 575 and 576] means any official proceeding in court, or any proceeding authorized by or held under the supervision of the court and includes [Describe proceeding submitted in paragraph First of the verdict director.] (See MAI-CR 4th 430.12) [§ 575.010(4), RSMo 2016]

Juror.

[As used in Chapters 575 and 576] means a grand or petit juror, including a person who has been drawn or summoned to attend as a prospective juror. [§ 575.010(5), RSMo 2016]

Jury.

[As used in Chapters 575 and 576] means a grand or petit jury, including any panel that has been drawn or summoned to attend as prospective jurors. [§ 575.010(6), RSMo 2016]

Kidnapping.

A person commits the offense of kidnapping if the person unlawfully removes another person without his or her consent from the place where he or she is found or unlawfully confines another person without his or her consent for a substantial period, for the purpose of

(a) holding that person for ransom or reward, or for any other act to be performed or not performed for the return or release of that person; or

(b) using the person as a shield or as a hostage; or

(c) interfering with the performance of any governmental 
or political function; or

(d) thereafter; or facilitating the commission of any felony or flight inflicting physical injury on or terrorizing the victim

(e)
 or another. [§ 565.110, RSMo 2016]

Knife.

[As used in Chapter 571] means any dagger, dirk, stiletto, or bladed hand instrument that is readily capable of inflicting serious physical injury or death by cutting or stabbing a person. “Knife” does not include any ordinary pocket knife with no blade more than four inches in length. [§ 571.010(12), RSMo 2016]

Knowingly, Knowing, Knowledge, or Knew.

[As used in the Code] A person knew, or acts knowingly, or with knowledge,

(a) with respect to his or her conduct or to attendant circumstances when the person (is) (was) aware of the nature of his or her conduct or that those circumstances (exist) (existed), or

(b) with respect to a result of a person’s conduct when he or she (is) (was) aware that his or her conduct (is) (was) practically certain to cause that result. [§ 556.061(31), RSMo 2016]

Knuckles.

[As used in Chapter 571] means any instrument that consists of finger rings or guards made of a hard substance that is designed or adapted for the purpose of inflicting serious physical injury or death by striking a person with a fist enclosed in the knuckles. [§ 571.010(13), RSMo 2016]

Law enforcement officer.

[As used in the Code] means any public servant having both the power and duty to make arrests for violations of the laws of this state, and federal law enforcement officers authorized to carry firearms and to make arrests for violations of the laws of the United States. [§ 556.061(32), RSMo 2016]

[As used in Chapter 577] means any public servant having both the power and duty to make arrests for violations of the laws of this state, and federal law enforcement officers authorized to carry firearms and to make arrests for violations of the laws of the United States, and military policemen conducting traffic enforcement operations on a federal military installation under military jurisdiction in the State of Missouri. [§ 577.001(16), RSMo 2016]

Legal custody.

[As used in Chapter 565] means the right to the care, custody and control of a child. [§ 565.002(9), RSMo Supp. 2017]

Legal obligation.

[As used in Chapter 568] [The term is subject to more than one definition depending upon the statute and the facts of the particular case. Consult Section 568.040.1, RSMo Supp. 2017, and Sections 453.400, RSMo 2016, and 452.340, RSMo 2016. See MAI- CR 4th 422.08]

License.

[As used in Chapter 302] means a license issued by a state to a person that authorizes a person to operate a motor vehicle.
[§ 302.010(9), RSMo 2016] (Compare § 302.080, RSMo 2016.)

Livestock.

[As used in Section 570.030] includes cattle, calves, sheep, swine, ratite birds (including but not limited to ostrich and emu), aquatic products, llamas, alpaca, buffalo, elk documented as obtained from a legal source and not from the wild, goats, horses, other equine, or rabbits raised in confinement for human consumption. [§ 144.010.1(6), RSMo Supp. 2017]

Machine gun.

[As used in Chapter 571] means any firearm that is capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger. [§ 571.010(14), RSMo 2016]

Manufacture or Manufactured.

[As used in Chapter 195] means the production, preparation, propagation, compounding, or processing of drug paraphernalia or of a controlled substance, or an imitation controlled substance, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container; except that this term does not include the preparation or compounding of a controlled substance or an imitation controlled substance or the preparation, compounding, packaging, or labeling of a narcotic or dangerous drug:

(a) by a practitioner as an incident to the practitioner’s administering or dispensing of a controlled substance or an imitation controlled substance in the course of the practitioner’s professional practice; or

(b) by a practitioner or the practitioner’s authorized agent under the practitioner’s supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. [§ 195.010(23), RSMo 2016]

Marijuana.

[As used in Chapter 195] means all parts of the plant genus Cannabis in any species or form thereof, including, but not limited to Cannabis Sativa L., Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea, whether growing or not, the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature
stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. [§ 195.010(24), RSMo 2016]

Material, Material fact.

[As used in Chapter 575] a fact is material if it could substantially affect, or did substantially affect, the course or outcome of the cause, matter, or proceeding. [§ 575.040.2, RSMo 2016]

[As used in Chapter 573] means anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or stored computer data, or anything which
is or may be used as a means of communication. “Material” includes undeveloped photographs, molds, printing plates, stored computer data and other latent representational objects. [§ 573.010(8), RSMo 2016]

Means of identification.

[As used in Chapter 570] means anything used by a person as a means to uniquely distinguish himself or herself.
[§ 570.010(15), RSMo 2016]

Member of the family of a judicial officer.

[As used in Section 575.095] means a spouse; an ancestor or descendant by blood or adoption; a spouse’s ancestor or descendant by blood or adoption; or stepchild, while the marriage creating that relationship exists. [§ 575.095.3, RSMo 2016]

Mental disease or defect.

Means any mental abnormality regardless of its medical label, origin, or source. (However, it does not include (an abnormality manifested only by repeated antisocial conduct) (or) (alcoholism without psychosis) (or) (drug abuse without psychosis).) [§ 552.010, RSMo 2016]

Merchant.

[As used in Chapter 570] means a person who deals in goods of the kind or otherwise by his or her occupation holds oneself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his or her employment of an agent or broker or other intermediary who by his or her occupation holds oneself out as having such knowledge or skill. [§ 570.010(16), RSMo 2016]

Methamphetamine precursor drug.

[As used in Chapters 195 and 579, unless the context otherwise requires] means any drug containing ephedrine, pseudo ephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers. [§ 195.010(25), RSMo 2016]

Minor.

[As used in Chapter 573] means any person less than eighteen years of age. [§ 573.010(9), RSMo 2016]

Misdemeanor.

[As used in the Code] means an offense so designated or an offense for which persons found guilty thereof may be sentenced to imprisonment for a term of which the maximum is one year or less. [§ 556.061(33), RSMo 2016]

Motor boat.

[As used in Chapter 306] means any vessel propelled by machinery, whether or not such machinery is a principal source of propulsion. [§ 306.010(1), RSMo 2016]

Motor vehicle.

[As used in Chapter 302] means any self-propelled vehicle not operated exclusively upon tracks, except motorized bicycles (as defined in Section 307.180, RSMo). [§ 302.010(10), RSMo 2016]

[As used in Section 571.030] means any self-propelled vehicle not operated exclusively upon tracks, except farm tractors. [§ 301.010(34), RSMo Supp. 2017]

[As used in Section 577.300] means any automobile, truck, truck-tractor, or any motor bus or motor-propelled vehicle not exclusively operated or driven on fixed rails or tracks.
[§ 577.300.1(3), RSMo 2016]

Notice in writing.

[As used in Section 570.125] means notice deposited as certified or registered mail in the United States mail and addressed to the issuer at his or her address as it appears on the dishonored check, draft, or debit device transaction or to his or her last known address. The notice shall contain a statement that failure to make good the check, draft, or debit device transaction within ten days of receipt of the notice may subject the issuer to criminal prosecution. [§ 570.125.4, RSMo 2016]

Nudity or state of nudity.

[As used in Chapter 573] means the showing of the human genitals, pubic area, vulva, anus, anal cleft, or the female breast with less than a fully opaque covering of any part of the nipple or areola. [§ 573.010(10), RSMo 2016]

Obscene.

[As used in Chapter 573] any material or performance is obscene if, taken as a whole:

(a) applying contemporary community standards, the predominant appeal of the (material) (performance) is to prurient interest in sex; and

(b) the average person, applying contemporary community standards, would find the (material) (performance) depicts or describes sexual conduct in a patently offensive way; and

(c) a reasonable person would find that the (material) (performance) lacks serious literary, artistic, political or scientific value. [§ 573.010(11), RSMo 2016.]

Obscene.

[As used in Section 573.100] any comment, request, suggestion or proposal is obscene if:

(a) applying contemporary community standards, the predominant appeal of the (material) (performance) is to prurient interest in sex; and

(b) taken as a whole with respect to the average person, applying contemporary community standards, it depicts or describes sexual conduct in a patently offensive way; and

(c) taken as a whole, it lacks serious literary, artistic, political or scientific value. Obscenity shall be judged with reference to its impact upon ordinary adults. [§ 573.100.1(2), RSMo 2016]

Of another, property.

[As used in the Code] property is that of another if any entity, including but not limited to any natural person, corporation, limited liability company, partnership, association, governmental subdivision, or instrumentality, other than the defendant, has a possessory or proprietary interest therein, except that property shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security arrangement.. [§ 556.061(34), RSMo 2016]

Offender.

[As used in Chapters 217 and 558, unless the context clearly indicates otherwise] means an inmate in the custody of the department of corrections or a person under supervision of the department of corrections. [§ 217.010(12), RSMo 2016]

[As used in Chapter 566] means any person in the custody of a prison or correctional facility and any person who is under the supervision of the state board of probation and parole. [§ 566.145.2(1), RSMo 2016]

[As used in Section 575.155] means a person in the custody of the department of corrections. [§ 575.155.2(2), RSMo 2016]

[As used in Section 575.157] means a person ordered to the department of mental health after a determination by the court that such person may meet the definition of a sexually violent predator, a person ordered to the department of mental health after a finding of probable cause under Section 632.489, and a person committed for control, care, and treatment by the department of mental health under Sections 632.480 to 632.513. [§ 575.157.2(2), RSMo 2016]

Offense.

[As used in the Code] means any felony or misdemeanor. [§ 556.061(35), RSMo 2016]

Official proceeding.

[As used in Chapters 575 and 576] means any cause, matter or proceeding where the laws of this state require that evidence considered therein be under oath or affirmation and includes [Describe the proceeding in terms submitted in paragraph First of the verdict director.] (See MAI-CR 4th 429.10) [§ 575.010(7), RSMo 2016]

Operate a vessel.

[As used in Chapter 577] means to physically control the movement of a vessel in motion under mechanical or sail power in water. [§ 577.001(17), RSMo Supp. 2017]

Operate, Operated, or Operating.

[As used in Chapter 302] means being in actual physical control of a motor vehicle upon a highway. [§ 302.010(16), RSMo 2016]

[As used in Chapter 577] means physically driving or operating a motor vehicle or vessel. [§ 577.001(9), RSMo 2016]

Over-the-counter sale.

[As used in Chapters 195 and 579, unless the context otherwise requires] means a retail sale licensed pursuant to Chapter 144, RSMo, of a drug other than a controlled substance.
[§ 195.010(30), RSMo 2016]

Parent.

[As used in Chapter 565] means either a biological parent or a parent by adoption. [§ 565.002(10), RSMo Supp. 2017]

Peace officer.

[As used in Chapter 590] means a law enforcement officer of the state or any political subdivision of the state with the power of arrest for a violation of the criminal code or declared or deemed to be a peace officer by state statute. [§ 590.010(3), RSMo 2016]

Performance.

[As used in Chapter 573] means any play, motion picture film, videotape, dance or exhibition performed before an audience of one or more. [§ 573.010(13), RSMo 2016]

Permanent teacher.

[As used in Section 566.086] any teacher who has been employed or who is hereafter employed as a teacher in the same school district for five successive years and who has continued or who thereafter continues to be employed as a teacher by the school district or any supervisor of teachers who was employed as a teacher in the same school district for at least five successive years prior to becoming a supervisor of teachers and who continues thereafter to be employed as a certificated employee by the school district; except that, when a permanent teacher resigns or is
permanently separated from employment by a school district, and is afterwards reemployed by the same school district, reemployment for the first school year does not constitute an indefinite contract but if he or she is employed for the succeeding year, the employment constitutes an indefinite contract; and except that any teacher employed under a part-time contract by a school district shall accrue credit toward permanent status on a prorated basis. Any permanent teacher who is promoted with his or her consent to a supervisory position including principal or assistant principal, or is first employed by a district in a supervisory position including principal or assistant principal, shall not have permanent status in such position but shall retain tenure in the position previously held within the district, or, after serving two years as principal or assistant principal, shall have tenure as a permanent teacher of that system. [§ 168.104(4), RSMo, 2016]

Person.

[As used in Chapters 195 and 579, unless the context otherwise requires] means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity. [§195.010(31), RSMo 2016] (But see § 195.400.1, RSMo 2016, for a definition of “person” as used in §§ 195.400 – 195.425, RSMo.)

[As used in Section 574.105] means natural persons, partnerships, trusts, estates, associations, corporations and all entities cognizable as legal personalities. [§ 574.105(5), RSMo 2016]

[As used in Sections 578.005 to 578.023] means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. [§ 578.005(10), RSMo 2016]

Person having a right of custody.

[As used in Chapter 565 and Sections 565.149 through 565.169] means a parent or legal guardian of the child.
[§ 565.002(11), RSMo Supp. 2017]

Personal watercraft.

[As used in Chapter 306] means a class of vessel, which is less than sixteen feet in length, propelled by machinery that is designed to be operated by a person sitting, standing or kneeling on the vessel, rather than being operated by a person sitting or standing inside the vessel. [§ 306.010(6), RSMo 2016]

Pharmacy.

[As used in Chapter 570] means any building, warehouse, physician’s office, hospital, pharmaceutical house or other structure used in whole or in part for the sale, storage or dispensing of any controlled substance as defined in Chapter 195. [§ 570.010(18), RSMo 2016]

Photographs or films.

[As used in Chapter 565] means the making of any photograph, motion picture film, videotape, or any other recording or transmission of the image of a person. [§ 565.002(12), RSMo Supp. 2017]

Physical injury.

[As used in the Code] means slight impairment of any function of the body or temporary loss of use of any part of the body. [§ 556.061(36), RSMo 2016]

Place of confinement.

[As used in the Code] means any building or facility and the grounds thereof wherein a court is legally authorized to order that a person charged with or convicted of an offense be held.

[§ 556.061(37), RSMo 2016]

Place where a person would have a reasonable expectation of privacy.

[As used in Chapter 565] means any place where a reasonable person would believe that a person could disrobe in privacy, without being concerned that the person’s undressing was being viewed, photographed or filmed by another. [§ 565.002(13), RSMo Supp. 2017]

Police animal.

[As used in Chapters 575 and 576] means a dog, horse or other animal used in law enforcement or a correctional facility, or by a municipal police department, fire department, search and rescue unit or agency, whether the animal is on duty or not on duty. The term shall include, but not be limited to, accelerant detection dogs, bomb detection dogs, narcotic detection dogs, search and rescue dogs and tracking animals. [§ 575.010(8), RSMo 2016]

Possess, Possessed, or Possession.

[As used in the Code] means having actual or constructive possession of an object with knowledge of its presence. A person has actual possession if such person has the object on his or her person or within easy reach and convenient control. A person has constructive possession if such person has the power and the intention at a given time to exercise dominion or control over the object either directly or through another person or persons. Possession may also be sole or joint. If one person alone has possession of an object, possession is sole. If two or more persons share possession of an object, possession is joint. [§ 556.061(38), RSMo 2016]

[As used in Chapters 195 and 579, unless the context otherwise requires] means either actual or constructive possession of the substance. A person has actual possession if the person has the substance on his or her person or within easy reach and convenient control. A person who, although not in actual possession, has the power and intention at a given time to exercise dominion or control over the substance either directly or through another person or persons is in constructive possession of it. (Possession may also be sole or joint. If one person alone has possession of a substance, possession is sole. If two or more persons share possession of a substance, possession is joint.) [§ 195.010(34), RSMo 2016]

Practitioner.

[As used in Chapter 195] means a physician, dentist, optometrist, podiatrist, veterinarian, scientific investigator, pharmacy, hospital or other person licensed, registered or otherwise permitted by this state to distribute, dispense, conduct research with respect to or administer or to use in teaching or chemical analysis, a controlled substance in the course of professional practice or research in this state, or a pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research. [§ 195.010(35), RSMo 2016]

Premises.

[As used in Chapter 563] includes any building, inhabitable structure, and any real property. [§ 563.011(4), RSMo 2016]

Prisoner.

[As used in Chapter 566] means any person who is in the custody of a jail, whether pretrial or after disposition of a charge. [§ 566.145.2(2), RSMo 2016]

Private person.

[As used in Chapter 563] means any person other than a law enforcement officer. [§ 563.011(5), RSMo 2016]

Private property.

[As used in Chapter 574] means any place which at the time of the offense is not open to the public. It includes property which is owned publicly or privately. [§ 574.005(1), RSMo 2016]

Probationary teacher.

[As used in Section 566.086] means any teacher as herein defined who has been employed in the same school district for five successive years or less. In the case of any probationary teacher who has been employed in any other school system as a teacher for two or more years, the board of education shall waive one year of his or her probationary period. [§ 168.104(5), RSMo 2016]

Process.

[As used in Section 575.160] means any writ, summons, subpoena, warrant other than an arrest warrant, or other process or order of a court. [§ 575.160.2, RSMo 2016]

Production or Produced.

[As used in Chapter 195] includes the manufacture, planting, cultivation, growing, or harvesting of drug paraphernalia or of a controlled substance or an imitation controlled substance. [§ 195.010(36), RSMo 2016]

Projectile weapon.

[As used in Chapter 571] means any bow, crossbow, pellet gun, slingshot, or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person. [§ 571.010(15), RSMo 2016]

Promote.

[As used in Chapter 573] means to manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same, by any means including a computer.
[§ 573.010(16), RSMo 2016]

Property.

[As used in the Code] means anything of value, whether real or personal, tangible or intangible, in possession or in action.
[§ 556.061(39), RSMo 2016]

[As used in Chapter 570] means anything of value, whether real or personal, tangible or intangible, in possession or in action, and shall include but not be limited to the evidence of a debt actually executed but not delivered or issued as a valid instrument. [§ 570.010(19), RSMo 2016]

Property damage.
(First Degree)

A person commits the offense of property damage in the first degree if the person knowingly damages property of another to an extent exceeding $750; or the person damages property to an extent exceeding $750 for the purpose of defrauding an insurer; or the person knowingly damages a motor vehicle of another and the damage occurs while such person is making entry into the motor vehicle for the purpose of committing the offense of stealing therein or the damage occurs while such person is committing the offense of stealing within the motor vehicle. [§ 569.100.1, RSMo Supp. 2017]
(Second Degree)

A person commits the offense of property damage in the second degree if the person knowingly damages property of another; or the person damages property for the purpose of defrauding an insurer. [§ 569.120.1, RSMo Supp. 2017]

Property of another.

[For the purpose of Chapter 574] means any property in which the person does not have a possessory interest. [§ 574.005(1), RSMo 2016]

Proprietary interest.

Means an interest pertaining to the right of property, ownership, or proprietorship.

Public assistance benefits.

[As used in Chapter 570] means anything of value, including money, food, EBT cards, food stamps, commodities, clothing, utilities, utilities payments, shelter, drugs and medicine, materials, goods, and any service including institutional care, medical care, dental care, child care, psychiatric and psychological service, rehabilitation instruction, training, transitional assistance, or counseling, received by or paid on behalf of any person under chapters 198, 205, 207, 208, 209, and 660, or benefits, programs, and services provided or administered by the Missouri department of social services or any of its divisions. [§ 570.010(20), RSMo 2016]

Public nuisance.

[As used in Section 579.105] means any room, building, structure or inhabitable structure, which is used for the illegal manufacture, distribution, storage, or sale of any amount of a controlled substance, except thirty-five grams or less of marijuana or thirty-five grams or less of any synthetic cannabinoid; or any room, building, structure or inhabitable structure, where on three or more separate occasions within the period of a year, two or more persons, who were not residents of the room, building, structure, or inhabitable structure, gathered for the principal purpose of unlawfully ingesting, injecting, inhaling or using any amount of a controlled substance, except thirty-five grams or less of marijuana or thirty-five grams or less of any synthetic cannabinoid. [§ 579.105.1, RSMo 2016]

Public record.

[As used in Chapters 575 and 576] means any document that a public servant is required by law to keep and includes [Describe record in which entry was made or document that was altered in terms used in the verdict director.] [See § 575.010(9), RSMo 2016]

Public servant.

[As used in the Code] means any person employed in any way by a government of this state who is compensated by the government by reason of such person’s employment, any person appointed to a position with any government of this state, or any person elected to a position with any government of this state, or any person elected to a position with any government of this state. It includes, but is not limited to, legislators, jurors, members of the judiciary and law enforcement officers. It does not include witnesses. [§ 556.061(40), RSMo 2016]

Purpose or Purposely.

[As used in the Code] a person acts purposely or with purpose, with respect to the person’s conduct or to a result thereof, when it is his or her conscious object to engage in that conduct or to cause that result. [§ 556.061(41), RSMo 2016]

Readily capable of lethal use.

[As used in Chapter 571] means readily capable of causing death. If the weapon is a firearm, it is readily capable of lethal use whether loaded or unloaded.

Reckless or recklessly.

[As used in the Code] a person acts recklessly or is reckless when the person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. [§ 556.061(42), RSMo 2016]

Relative.

[For the purpose of Section 565.140.1(2)] means a parent or stepparent, ancestor, sibling, uncle, or aunt, including an adoptive relative of the same degree through marriage or adoption. [§ 565.140.2, RSMo 2016]

Remain unlawfully.

See definition of “Enter unlawfully or remain unlawfully.”

[As used in Chapter 571] means any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger. [§ 571.010(16), RSMo 2016]

Robbery.

A person commits the offense of robbery when he or she forcibly steals property. [§ 570.025, RSMo 2016]

Sadomasochistic abuse.

[As used in Chapter 573] means flagellation or torture by or upon a person as an act of sexual stimulation or gratification. [§ 573.010(18), RSMo 2016]

Sale.

[As used in Chapter 195] includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee. [§ 195.010(38), RSMo 2016]

Same course of conduct.

[As used in Sections 565.252] means more than one person has been viewed, photographed, filmed or videotaped under the same or similar circumstances pursuant to one scheme or course of conduct, whether at the same or different times. [§ 565.252.4, RSMo 2016]

School.

[As used in Section 566.086] means any public or private school in this state serving kindergarten through grade twelve or any school bus used by the school district. [§ 566.086.2, RSMo 2016]

Security interest.

Means an interest in anything of value that secures payment or performance of an obligation.

Sell.

[As used in Chapter 195] means to engage in a sale. See the definition of “sale.” [§ 195.010(38), RSMo 2016]

Serious emotional injury.

[As used in the Code] means an injury that creates a substantial risk of temporary or permanent medical or psychological damage, manifested by impairment of a behavioral, cognitive or physical condition. [§ 556.061(43), RSMo 2016]

Serious physical injury.

[As used in the Code] 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. [§ 556.061(44), RSMo 2016]

Services.

[As used in the Code when used in relation to a computer system or network] means the use of a computer, computer system, or computer network and includes, but is not limited to, computer time, data processing, and storage or retrieval functions. [§ 556.061(45), RSMo 2016]

[As used in Chapter 570] includes transportation, telephone, electricity, gas, water, or other public service, cable television service, video service, voice over internet protocol service, or internet service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions and use of vehicles. [§ 570.010(21), RSMo 2016]

Sexual assault or Sexually assaulting.

[As used in Sections 455.010 to 455.085] means causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, duress, or without that person’s consent.
[§ 455.010(1)(e), RSMo 2016]

Sexual conduct.

[As used in Chapters 566 and 568 for offenses occurring on or after January 1, 2017] means sexual intercourse, deviate sexual intercourse or sexual contact. [§ 566.010(5), RSMo Supp. 2017]

[As used in Chapter 573 for offenses committed on or after January 1, 2017] means actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification. [§ 573.010(20), RSMo 2016]

Sexual contact.

[As used in Chapters 566 and 568 for offenses occurring on or after January 1, 2017] means any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim.

[§ 566.010(6), RSMo Supp. 2017]

Sexual intercourse.

[As used in Chapters 566 and 568 for offenses committed on or after January 1, 2017] means any penetration, however slight, of the female genitalia by the penis. [§ 566.010(7), RSMo Supp. 2017]

Sexually explicit conduct.

[As used in Chapter 573] means actual or simulated:

(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

(b) Beastiality;

(c) Masturbation;

(d) Sadistic or masochistic abuse; or

(e) Lascivious exhibition of the genitals or pubic area of any person.

[§ 573.010(21), RSMo 2016]

Sexually explicit conduct, actual or simulated.

[As used in Chapter 573] means

(a) sexual intercourse, including genital-genital, oral- genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

(b) beastiality;

(c) masturbation;

(d) sadistic or masochistic abuse; or

(e) lascivious exhibition of the genitals or pubic area of 
any person.

[§ 573.010(21), RSMo 2016]

Sexual orientation.

[As used in the Code] means male or female heterosexuality, homosexuality or bisexuality by inclination, practice, identity or expression, or having a self-image or identity not traditionally associated with one’s gender. [§ 556.061(46), RSMo 2016]

Sexual performance.

[As used in Chapter 573] means any performance, or part thereof, which includes sexual conduct by a child who is less than seventeen years of age. [§ 573.010(23), RSMo 2016]

Short barrel.

[As used in Chapter 571] means a barrel length of less than sixteen inches for a rifle and eighteen inches for a shotgun, both measured from the face of the bolt or standing breech, or an overall rifle or shotgun length of less than twenty-six inches.
[§ 571.010(17), RSMo 2016]

Shotgun.

[As used in Chapter 571] means any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire a number of shot or a single projectile through a smooth bore barrel by a single function of the trigger. [§ 571.010(18), RSMo 2016]

Sold.

[As used in Chapter 195] Past tense of sell. See the definition of “sale.” [§ 195.010(38), RSMo 2016]

Stalking.

[As used in Chapter 455 for offenses committed on or after August 28, 2015] means when any person purposely engages in an unwanted course of conduct that causes alarm to another person, or a person who resides together in the same household with the person seeking the order of protection when it is reasonable in that person’s situation to have been alarmed by the conduct. “Alarm” means to cause fear of danger of physical harm. “Course of conduct” means a pattern of conduct composed of two or more acts over a period of time, however short, that serves no legitimate purpose. Such conduct may include, but is not limited to, following the other person or unwanted communication or unwanted contact. [§ 455.010(14), RSMo 2016]

Stealing.

[For offenses committed on or after January 1, 2017] A person commits the offense of stealing if he or she:

(a) appropriates property or services of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion;

(b) attempts to appropriate anhydrous ammonia or liquid nitrogen of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion; or

(c) for the purpose of depriving the owner of a lawful interest therein, receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen. [§ 570.030.1, RSMo 2016]

Stealing-related offense.

[As used in Chapter 570] shall include federal and state violations of criminal statutes against stealing, robbery, or buying or receiving stolen property and shall also include municipal ordinances against same if the offender was either represented by counsel or knowingly waived counsel in writing and the judge accepting the plea or making the findings was a licensed attorney at the time of the court proceedings. [§ 570.010(22), RSMo 2016]

Stepchild.

[As used in Chapter 568] a child is a stepchild of the defendant if the child is the natural or adoptive child of the defendant’s spouse. [§ 453.400, RSMo 2016]

Substantial emotional distress.

[As used in Section 455.010] means a feeling of mental anguish including any unpleasant mental reaction, such as fright or worry. The conduct giving rise to it must be such as would produce a considerable or significant amount of emotional distress in a reasonable person, something markedly greater than the level of uneasiness, nervousness, unhappiness or the like that are commonly experienced in day-to-day living. [See State v. Magalif, 131 S.W.3d 431 (Mo. App. 2004)]

Substantial step (toward the commission of an offense).

Means conduct that is strongly corroborative of the firmness of the actor’s purpose to complete the commission of the offense. (It is no defense that it was factually or legally impossible to commit [name of offense] if such offense could have been committed had the circumstances been as the defendant believed them to be.) [§ 562.012.1, RSMo 2016]

Sudden passion.

[As used in Chapter 565] 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. [§565.002(15), RSMo Supp. 2017]

Support.

[For purposes of Section 568.040] means food, clothing, lodging, and medical or surgical attention. [§ 568.040.2(3), RSMo Supp. 2017]

Switchblade knife.

[As used in Chapter 571] means any knife that has a blade that folds or closes into the handle or sheath, and that

(a) opens automatically by pressure applied to a button or other device located on the handle; or

(b) opens or releases from the handle or sheath by the force of gravity or by the application of centrifugal force. [§ 571.010(20), RSMo 2016]

Synthetic cannabinoid.

[As used in Chapters 195 and 579, unless the context otherwise requires] includes unless specifically excepted or unless listed in another schedule, any natural or synthetic material, compound, mixture, or preparation that contains any quantity of a substance that is a cannabinoid receptor agonist, including but not limited to any substance listed in paragraph (II) of subdivision (4) of subsection 2 of Section 195.017 and any analogues; homologues; isomers, whether optical, positional, or geometric; esters; ethers; salts; and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, or salts is possible within the specific chemical designation, however, it shall not include any approved pharmaceutical authorized by the United States Food and Drug Administration. [§ 195.010(40), RSMo 2016]

Tamper, Tampered, or Tampering.

[As used in Chapter 569] means to interfere with something improperly, to meddle with it, displace it, make unwarranted alterations in its existing condition, or to deprive, temporarily, the owner or possessor of that thing. [§ 569.010(3), RSMo 2016]

Teacher.

[As used in Section 566.086] means an employee of a school district, required to be certified under laws relating to the certification of teachers, not including superintendents and assistant superintendents. [Based on § 168.104(4)(5)(7), RSMo 2016]

Testimony or Testify.

[As used in Chapters 575 and 576] means any oral statement under oath or affirmation. [§ 575.010(10), RSMo 2016]

Ultimate user.

[As used in Chapter 195] means a person who lawfully possesses a controlled substance or an imitation controlled substance for such person’s own use or for the use of a member of his or her household or immediate family, regardless of whether they live in the same household, or for administering to an animal owned by that person or by a member of that person’s household. For purposes of this section, the phrase “immediate family” means a husband, wife, parent, child, sibling, stepparent, stepchild, stepbrother, stepsister, grandparent, or grandchild. [§ 195.010(41), RSMo 2016]

Unattended.

[As used in Section 577.300] means not accompanied by an individual fourteen years of age or older. [§ 577.300.1(4), RSMo 2016]

Undue influence.

[As used in Section 570.145] means the use of influence by someone who exercises authority over an elderly person or person with a disability in order to take unfair advantage of that person’s vulnerable state of mind, neediness, pain, or agony. It includes, but is not limited to, the improper or fraudulent use of a power of attorney, guardianship, conservatorship, or other fiduciary authority. [§ 570.145.1(8), RSMo 2016]

Unlawful.

[As used in Chapter 572] means not specifically authorized by law. [§ 572.010(13), RSMo 2016]

Unlawful imprisonment or unlawful imprisoning.

[As used in Sections 455.010 to 455.085] means holding, confining, detaining or abducting another person against that person’s will. [§ 455.010(1)(f), RSMo 2016]

Unlawfully enter.

[As used in Chapter 563] a person unlawfully enters in or upon premises or private property when he or she enters such premises or private property and is not licensed or privileged to do so. A person who, regardless of his or her purpose, enters in or upon premises or private property that are at the time open to the public does so with license unless he or she defies a lawful order not to enter, personally communicated to him or her by the owner of such premises or private property or by another authorized person. A license to enter in a building that is only partly open to the public is not a license to enter in that part of the building that is not open to the public. [§ 563.011(9), RSMo 2016]

Utility.

[As used in Chapter 569] means an enterprise that provides gas, electric, steam, water, sewage disposal, or communication, video, internet, or voice over internet protocol services, and any common carrier. It may be either publicly or privately owned or operated. [§ 569.010(4), RSMo 2016]

Value.

[As used in Chapter 570]:

[For property] means the market value of the property at the time and place of the offense (, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense). (If the victim is a merchant, and the property is a type that the merchant sells in the ordinary course of business, then the property shall be valued at the price that such merchant would normally sell such property.) [See § 570.020(1), RSMo 2016]

Market value means the price that the property would bring when offered for sale by one willing but not obliged to sell it, and when bought by one willing or desirous to purchase it but who is not compelled to do so. [See Peterson v. Continental Boiler Works, Inc., 783 S.W.2d 896, 900 (Mo. banc 1990), and (Civil) MAI 16.02 (7th ed. 2012).]

[For a written instrument constituting evidence of a debt, such as a check, draft or promissory note] means the amount due or collectible on the instrument, such figure ordinarily being the face amount of the indebtedness less any portion which has been satisfied. [See § 570.020(2)(a), RSMo 2016]

[For a written instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation] means the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument. [See § 570.020(2)(b), RSMo 2016]

When the value of the (property) (written instrument) cannot be satisfactorily ascertained pursuant to the definition(s) above, the (property) (written instrument) value shall be an amount less than seven hundred fifty dollars. [See § 570.020(3), RSMo 2016]

[For services] No definition provided. [See § 570.020, RSMo 2016]

Vehicle.

[As used in the Code] means a self-propelled mechanical device designed to carry a person or persons, excluding vessels or aircraft. [§ 556.061(47), RSMo 2016]

Vessel.

[As used in Chapter 306] means every motorboat and every description of motorized watercraft, and any watercraft more than twelve feet in length that is powered by sail alone or by a combination of sail and machinery, used or capable of being used as a means of transportation on water, but not any watercraft having as the only means of propulsion a paddle or oars. [§ 306.010(8), RSMo 2016]

[As used in the Code] means any boat or craft propelled by a motor or by machinery, whether or not such motor or machinery is a principal source of propulsion used or capable of being used as a means of transportation on water, or any boat or craft more than twelve feet in length which is powered by sail alone or by a combination of sail and machinery, and used or capable of being used as a means of transportation on water, but not any boat or craft having, as the only means of propulsion, a paddle or oars.
[§ 556.061(48), RSMo 2016]

Victim.

[As used in Chapters 575 and 576] means any natural person against whom any offense is deemed to have been perpetrated or attempted. [§ 575.010(11), RSMo 2016]

Video service.

[As used in Chapter 570] means the provision of video programming provided through wireline facilities located at least in part in the public right-of-way without regard to delivery technology, including internet protocol technology whether provided as part of a tier, on demand, or a per-channel basis. This definition includes cable service as defined by 47 U.S.C. Section 522(6), but does not include any video programming provided by a commercial mobile service provider as “commercial mobile service” is defined in 47 U.S.C. Section 332(d), or any video programming provided solely as part of and via a service that enables users to access content, information, electronic mail, or other services offered over the public internet, and includes microwave television transmission, from a multipoint distribution service not capable of reception by conventional television receivers without the use of special equipment. [§ 570.010(23), RSMo 2016]

Views.

[As used in Chapter 565] means the looking upon of another person, with the unaided eye or with any device designed or intended to improve visual acuity, for the purpose of arousing or gratifying the sexual desire of any person. [§ 565.002(17), RSMo Supp. 2017]

Visual depiction.

[As used in Chapter 573] includes undeveloped film and videotape, and data stored on computer disk or by electronic means which is capable of conversion into a visual image. [§ 573.010(27), RSMo 2016]

Voice over internet protocol service.

[As used in Chapter 570] means a service that:
(a) Enables real-time, two-way voice communication;
(b) Requires a broadband connection from the user’s location;
(c) Requires internet protocol-compatible customer premises equipment; and
(d) Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network. [§ 570.010(24), RSMo 2016]

Voluntary act.

[As used in the Code] a voluntary act is:

(a) a bodily movement performed while conscious as a result of effort or determination; or

(b) an omission to perform an act of which the actor is physically capable. [§ 556.061(49), RSMo 2016]

Vulnerable Person.

[As used in the Code] means any person in the custody, care, or control of the department of mental health who is receiving services from an operated, funded, licensed, or certified program. [§ 556.061(50), RSMo 2016]

Watercraft.

[As used in Chapter 306] means any boat or craft, including a vessel, used or capable of being used as a means of transport on waters. [§ 306.010(10), RSMo 2016]

Wholesaler.

[As used in Chapter 195] means a person who supplies drug paraphernalia or controlled substances or imitation controlled substances that he or she has not produced or prepared, on official written orders, but not on prescriptions. “Official written order” means an order written on a form provided for that purpose by the United States Commissioner of Narcotics, under any laws of the United States making provision therefor, if such order forms are authorized and required by federal law, and if no such order form is provided, then on an official form provided for that purpose by the department of health and senior services. [§§ 195.010(27) and 195.010(42), RSMo 2016]

Wildlife.

[As used in Section 570.030] includes [name of wildlife shown by the evidence]. [See § 570.030, RSMo 2016. See § 252.020, RSMo 2016.]

With the purpose.

See “Purposely.”

Witness.

[As used in Chapters 575 and 576] means any natural person:

(a) having knowledge of the existence or nonexistence of facts relating to any offense; or

(b) whose declaration under oath is received as evidence for any purpose; or

(c) who has reported any offense to any peace officer or prosecutor; or

(d) who has been served with a subpoena issued under the authority of any court of this state. [§ 575.010(12), RSMo 2016]

Work zone.

[As used in Sections 304.582 and 304.585] means any area upon or around any highway as defined in Section 302.010 which is visibly marked by the department of transportation or a contractor or subcontractor performing work for the department of transportation as an area where construction, maintenance, incident removal, or other work is temporarily occurring. It includes the lanes of highway leading up to the area upon which an activity described in this subsection is being performed, beginning at the point where appropriate signs or traffic control devices are posted or placed.

[§ 304.580, RSMo 2016]

Writing.

[As used in Chapter 570] includes printing, any other method of recording information, money, coins, negotiable instruments, tokens, stamps, seals, credit cards, badges, trademarks, and any other symbols of value, right, privilege, or identification. [§ 570.010(25), RSMo 2016]

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