Mo. Rev. Stat. » Chapter 565
Missouri Revised Statutes

Mo. Rev. Stat. § 565.023 (2026)

Voluntary manslaughter, penalty

✓ current as of May 2026
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  565.023.  Voluntary manslaughter, penalty — under influence of sudden passion, defendant's burden to inject. — 1.  A person commits the offense of voluntary manslaughter if he or she:

  (1)  Causes the death of another person under circumstances that would constitute murder in the second degree under subdivision (1) of subsection 1 of section 565.021, except that he or she caused the death under the influence of sudden passion arising from adequate cause; or

  (2)  Knowingly assists another in the commission of self-murder.

  2.  The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section.

  3.  The offense of voluntary manslaughter is a class B felony.

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(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2014 S.B. 491)

Effective 1-01-17

Notes of Decisions
Cited in 98 cases (6 in the last 5 years), 1984–2024 · leading case: State v. Hahn, 37 S.W.3d 344 (Mo. Ct. App. 2001).
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State v. Hahn, 37 S.W.3d 344 (Mo. Ct. App. 2001). · cites it 7× ““Voluntary manslaughter” is defined in § 565.023, RSMo, as “causing the death of another person under circumstances that would constitute murder in the second degree, except that the death was caused ‘under the influence of sudden passion arising from adequate cause’.”
State v. Fears, 803 S.W.2d 605 (Mo. 1991). · cites it 4× “021, RSMo 1986, was convicted by a jury of voluntary manslaughter, § 565.023, RSMo 1986. The jury assessed punishment at imprisonment for a term of twelve years; the court entered judgment accordingly.”
State v. Jensen, 524 S.W.3d 33 (Mo. 2017). · cites it 2× “Section 565.023. Accordingly, it is possible to commit a second degree murder by knowingly causing the victim’s death without also acting under a “sudden passion” and committing the offense of voluntary manslaughter.”
State v. White, 92 S.W.3d 183 (Mo. Ct. App. 2002). · cites it 2× “021, and voluntary manslaughter, § 565.023; and ACA. On December 15, 2000, the jury returned guilty verdicts of murder in the second degree and ACA, and recommended life sentences on both convictions.”
Taqwa Thompson v. State of Missouri, 437 S.W.3d 253 (Mo. Ct. App. 2014). · cites it 3× “banc 1996)(quot-ing section 565.023, RSMo 2000). “Sudden passion” is “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.”
Love v. State, 670 S.W.2d 499 (Mo. 1984). · cites it 2× “This section is effective until July 1, 1984 when it is repealed and replaced by § 565.023, pursuant to S.B. 276 (1983). The new manslaughter statute provides: "A person commits the crime of voluntary manslaughter if he: (1) Causes the death of another person under circumstances…”
State v. Stiegler, 129 S.W.3d 1 (Mo. Ct. App. 2003). · cites it 3× “banc 1996) (quoting § 565.023, RSMo 1994). Here, Jury Instruction No.”
United States v. Kilmartin, 944 F.3d 315 (1st Cir. 2019). “For these reasons, we hold that the district court committed no reversible error in denying the defendant's motion for judgment of acquittal with respect to count 14.”
State v. Edwards, 530 S.W.3d 593 (Mo. Ct. App. 2017). · cites it 2× “3d at 164 (discussing the'differences between Section 565.023 (voluntary manslaughter), Section 565.”
State v. Henderson, 311 S.W.3d 411 (Mo. Ct. App. 2010). · cites it 2× “At the conclusion of the trial, the circuit court acquitted Henderson of second-degree murder and convicted her of the lesser-included offense of voluntary manslaughter, Section 565.023, and armed criminal action.”
State v. Lowe, 318 S.W.3d 812 (Mo. Ct. App. 2010). · cites it 2× “§§ 565.023, 565.021. For Lowe to be entitled to an instruction for involuntary manslaughter, a reasonable juror must be able to infer from the evidence presented that Lowe did not act knowingly or purposefully but that he acted recklessly in causing Grandfather’s death.”
State v. Lewis, 955 S.W.2d 563 (Mo. Ct. App. 1997). · cites it 4× “He asserts that the court erred in submitting the voluntary manslaughter theory to the jury because, eon- *565 trary to the requirements of § 565.023, RSMo 1994, he did not inject the issue of “sudden passion” into the case.”
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— Mo. Rev. Stat. § 565.023(1) — 2 cases
State v. Singer, 719 S.W.2d 818 (Mo. Ct. App. 1986).
State v. Simpson, 315 S.W.3d 779 (Mo. Ct. App. 2010).
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