565.002. Definitions.

MISSOURI STATUTES AND CODES

Definitions.

565.002. As used in this chapter, unless a different meaningis otherwise plainly required:

(1) "Adequate cause" means cause that would reasonablyproduce a degree of passion in a person of ordinary temperamentsufficient to substantially impair an ordinary person's capacityfor self-control;

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

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

(4) "Intoxicated condition" means under the influence ofalcohol, a controlled substance, or drug, or any combinationthereof;

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

(6) "Serious physical injury" means physical injury thatcreates a substantial risk of death or that causes seriousdisfigurement or protracted loss or impairment of the function ofany part of the body;

(7) "Sudden passion" means passion directly caused by andarising out of provocation by the victim or another acting withthe victim which passion arises at the time of the offense and isnot solely the result of former provocation;

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