If you were provoked by your spouse with just words, i.e. "I slept with your best friend and he was a better screw than you will ever be," and you couldn't handle her taunts and decided to stab her with a kitchen knife until she died, can you claim provocation as a defense to mitigate your conviction of second degree murder to manslaughter?
You can't in Missouri because she didn't do the dirty deed in front of you so there's not sufficient provocation for "a reasonable person" to act in the way that you did. Tough it out.
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If you are a male and were approached by a homosexual male who said that he has a crush on you and wanted to do all the sexual acts that homosexual men do to one another, and this provoked you to the point of killing him with a kitchen knife, would that be sufficient to claim provocation so that your charge of murder two gets lowered to manslaughter?
You can't in Missouri because he didn't actually have sex with you, therefore not sufficient provocation for "a reasonable person" to act the way that you did. It's just words, get a thicker skin.
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If you and your best friend were out drinking and in the middle of the drinking affair, your friend confesses that not only did he have sexual relations with your wife but he also had sexual relations with your 14 year old daughter. BUT you're not yet provoked, because for some odd reason, you decided to invite your friend back to your place to continue the drinking in front of a tv and watch the football game. While you and your friend are sitting on the couch in front of the tv drinking beers one after the other, your 14 year old daughter comes down and situates herself between the two of you. Now your friend starts fondling your daughter and the two of them start making out in front of you. At this point, you're a little bit provoked but not enough to do anything other than yell at them to cut it out, which they do. Your friend then continues to go into the kitchen, where you follow him minutes later and find out that his male part is hanging out and he's masturbating in your kitchen. You can't take it anymore and grab the kitchen knife and steal him.
Was there enough provocation here to lower your murder two charge to manslaughter?
Not if you're living in Missouri, because there was no act of sexual intercourse, therefore a "reasonable person" would tough it out.
Goodness it's tough living in Missouri.
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