Chapter 565 Offenses Against the Person

565.225 - Stalking, first degree, penalty.

Steven Groce, Attorney Advertisement

1.As used in this section and section 565.227, the term "disturbs" shall mean 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.

2.A person commits the offense of stalking in the first degree if he or she purposely, through his or her course of conduct, disturbs or follows with the intent of disturbing another person and:

(1)Makes a threat communicated with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety, the safety of his or her family or household member, or the safety of domestic animals or livestock as defined in section 276.606 kept at such person's residence or on such person's property.The threat shall be against the life of, or a threat to cause physical injury to, or the kidnapping of the person, the person's family or household members, or the person's domestic animals or livestock as defined in section 276.606 kept at such person's residence or on such person's property; or

(2)At least one of the acts constituting the course of conduct is in violation of an order of protection and the person has received actual notice of such order; or

(3)At least one of the actions constituting the course of conduct is in violation of a condition of probation, parole, pretrial release, or release on bond pending appeal; or

(4)At any time during the course of conduct, the other person is seventeen years of age or younger and the person disturbing the other person is twenty-one years of age or older; or

(5)He or she has previously been found guilty of domestic assault, violation of an order of protection, or any other crime where the other person was the victim; or

(6)At any time during the course of conduct, the other person is a participant of the address confidentiality program under sections 589.660 to 589.681, and the person disturbing the other person knowingly accesses or attempts to access the address of the other person.

3.Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.

4.This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of any violation of federal, state, county, or municipal law.

5.The offense of stalking in the first degree is a class E felony, unless the defendant has previously been found guilty of a violation of this section or section 565.227, or any offense committed in another jurisdiction which, if committed in this state, would be chargeable or indictable as a violation of any offense listed in this section or section 565.227, or unless the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which case stalking in the first degree is a class D felony.

(L. 1993 H.B. 476 & 194 § 1, A.L. 2002 S.B. 969, et al., A.L. 2008 S.B. 818 & 795, A.L. 2014 S.B. 491, A.L. 2016 H.B. 1562, A.L. 2017 S.B. 34)

565.021 - Second degree murder, penalty.

1.A person commits the offense of murder in the second degree if he or she:

(1)Knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; or

(2)Commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony.

2.The offense of murder in the second degree is a class A felony, and the punishment for second degree murder shall be in addition to the punishment for commission of a related felony or attempted felony, other than murder or manslaughter.

3.Notwithstanding section 556.046 and section 565.029, in any charge of murder in the second degree, the jury shall be instructed on, or, in a jury-waived trial, the judge shall consider, any and all of the subdivisions in subsection 1 of this section which are supported by the evidence and requested by one of the parties or the court.

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

Effective 1-01-17

CROSS REFERENCE:

No bail, certain defendants, certain offenses, 544.671

(1990) Reduction in sentence was available to defendant when statute which limited maximum term of imprisonment became effective before state brought charges but after crime was committed. (Mo.App.) Searcy v. State, 784 S.W.2d 911.

(1998) Defendant may be charged under the felony murder statute instead of involuntary manslaughter at the prosecutor's discretion when both apply.State v. Pembleton, 978 S.W.2d 352 (E.D.Mo.).

565.074 - Domestic assault, third degree — penalty.

1.A person commits the offense of domestic assault in the third degree if he or she attempts to cause physical injury or knowingly causes physical pain or illness to a domestic victim, as the term "domestic victim" is defined under section 565.002.

2.The offense of domestic assault in the third degree is a class E felony.

(L. 2000 H.B. 1677, et al., A.L. 2011 S.B. 320, A.L. 2012 S.B. 628, A.L. 2014 S.B. 491)

Effective 1-01-17

565.029 - Lesser degree offenses in homicide cases — instruction on lesser offenses, when.

1.With the exceptions provided in subsection 3 of this section and subsection 3 of section 565.021, section 556.046 shall be used for the purpose of consideration of lesser offenses by the trier in all homicide cases.

2.The following lists shall comprise, in the order listed, the lesser degree offenses:

(1)The lesser degree offenses of murder in the first degree are:

(a)Murder in the second degree under subdivisions (1) and (2) of subsection 1 of section 565.021;

(b)Voluntary manslaughter under subdivision (1) of subsection 1 of section 565.023;

(c)Involuntary manslaughter in the first degree; and

(d)Involuntary manslaughter in the second degree;

(2)The lesser degree offenses of murder in the second degree are:

(a)Voluntary manslaughter under subdivision (1) of subsection 1 of section 565.023;

(b)Involuntary manslaughter in the first degree; and

(c)Involuntary manslaughter in the second degree.

3.No instruction on a lesser included offense shall be submitted unless requested by one of the parties or the court.

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

Transferred 2014; formerly 565.025; Effective 1-01-17

565.160 - Defenses to interference with custody, parental kidnapping, and child abduction.

It shall be an absolute defense to the offenses of interference with custody, parental kidnapping, and child abduction that:

(1)The person had custody of the child pursuant to a valid court order granting legal custody or visitation rights which existed at the time of the alleged violation, except that this defense is not available to persons charged with child abduction under subdivision (5) of subsection 1 of section 565.156;

(2)After expiration of a period of custody or visitation granted by court order, the person failed to return the child as a result of circumstances beyond such person's control, and the person notified or made a reasonable attempt to notify the other parent or legal custodian of the child of such circumstance within twenty-four hours after the expiration of the period of custody or visitation and returned the child as soon as possible; or

(3)The person was fleeing an incident or pattern of domestic violence.

(L. 1988 H.B. 1272, et al. § 4, A.L. 2014 S.B. 491)

Effective 1-01-17

565.035 - Supreme court to review all death sentences, procedure — powers of court — assistant to court authorized, duties.

1.Whenever the death penalty is imposed in any case, and upon the judgment becoming final in the trial court, the sentence shall be reviewed on the record by the supreme court of Missouri.The circuit clerk of the court trying the case, within ten days after receiving the transcript, shall transmit the entire record and transcript to the supreme court together with a notice prepared by the circuit clerk and a report prepared by the trial judge.The notice shall set forth the title and docket number of the case, the name of the defendant and the name and address of his attorney, a narrative statement of the judgment, the offense, and the punishment prescribed.The report by the judge shall be in the form of a standard questionnaire prepared and supplied by the supreme court of Missouri.

2.The supreme court of Missouri shall consider the punishment as well as any errors enumerated by way of appeal.

3.With regard to the sentence, the supreme court shall determine:

(1)Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; and

(2)Whether the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in subsection 2 of section 565.032 and any other circumstance found;

(3)Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the offense, the strength of the evidence and the defendant.

4.Both the defendant and the state shall have the right to submit briefs within the time provided by the supreme court, and to present oral argument to the supreme court.

5.The supreme court shall include in its decision a reference to those similar cases which it took into consideration.In addition to its authority regarding correction of errors, the supreme court, with regard to review of death sentences, shall be authorized to:

(1)Affirm the sentence of death; or

(2)Set the sentence aside and resentence the defendant to life imprisonment without eligibility for probation, parole, or release except by act of the governor; or

(3)Set the sentence aside and remand the case for retrial of the punishment hearing.A new jury shall be selected or a jury may be waived by agreement of both parties and then the punishment trial shall proceed in accordance with this chapter, with the exception that the evidence of the guilty verdict shall be admissible in the new trial together with the official transcript of any testimony and evidence properly admitted in each stage of the original trial where relevant to determine punishment.

6.There shall be an assistant to the supreme court, who shall be an attorney appointed by the supreme court and who shall serve at the pleasure of the court.The court shall accumulate the records of all cases in which the sentence of death or life imprisonment without probation or parole was imposed after May 26, 1977, or such earlier date as the court may deem appropriate.The assistant shall provide the court with whatever extracted information the court desires with respect thereto, including but not limited to a synopsis or brief of the facts in the record concerning the offense and the defendant.The court shall be authorized to employ an appropriate staff, within the limits of appropriations made for that purpose, and such methods to compile such data as are deemed by the supreme court to be appropriate and relevant to the statutory questions concerning the validity of the sentence.The office of the assistant to the supreme court shall be attached to the office of the clerk of the supreme court for administrative purposes.

7.In addition to the mandatory sentence review, there shall be a right of direct appeal of the conviction to the supreme court of Missouri.This right of appeal may be waived by the defendant.If an appeal is taken, the appeal and the sentence review shall be consolidated for consideration.The court shall render its decision on legal errors enumerated, the factual substantiation of the verdict, and the validity of the sentence.

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

Effective 1-01-17

(1995) The word "arbitrary" is to be read narrowly to describe rogue factors like passion and prejudice that a jury should not deliberate upon when it imposes a sentence of death.Oxford v. Delo, 59 F.3d 741 (8th Cir.).

565.140 - Defenses to kidnapping in the third degree.

1.A person does not commit the offense of kidnapping in the third degree under section 565.130 if the person restrained is a child less than seventeen years of age and:

(1)A parent, guardian or other person responsible for the general supervision of the child's welfare has consented to the restraint; or

(2)The person is a relative of the child; and

(a)The person's sole purpose is to assume control of the child; and

(b)The child is not taken out of the state of Missouri.

2.For the purpose of this section, "relative" means a parent or stepparent, ancestor, sibling, uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.

3.The defendant shall have the burden of injecting the issue of a defense under this section.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

565.040 - Death penalty, if held unconstitutional, resentencing procedure.

1.In the event that the death penalty provided in this chapter is held to be unconstitutional, any person convicted of murder in the first degree shall be sentenced by the court to life imprisonment without eligibility for probation, parole, or release except by act of the governor, with the exception that when a specific aggravating circumstance found in a case is held to be unconstitutional or invalid for another reason, the supreme court of Missouri is further authorized to remand the case for resentencing or retrial of the punishment pursuant to subsection 5 of section 565.035.

2.In the event that any death sentence imposed pursuant to this chapter is held to be unconstitutional, the trial court which previously sentenced the defendant to death shall cause the defendant to be brought before the court and shall sentence the defendant to life imprisonment without eligibility for probation, parole, or release except by act of the governor, with the exception that when a specific aggravating circumstance found in a case is held to be inapplicable, unconstitutional or invalid for another reason, the supreme court of Missouri is further authorized to remand the case for retrial of the punishment pursuant to subsection 5 of section 565.035.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2016 H.B. 2332 merged with S.B. 590)

565.240 - Unlawful posting of certain information over the internet, penalty.

1.A person commits the offense of unlawful posting of certain information over the internet if he or she knowingly posts the name, home address, Social Security number, or telephone number of any person on the internet intending to cause great bodily harm or death, or threatening to cause great bodily harm or death to such person.

2.The offense of unlawful posting of certain information over the internet is a class C misdemeanor.

(L. 2005 S.B. 420 & 344 § 1, A.L. 2005 1st Ex. Sess. H.B. 3 § 1, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.450; Effective 1-01-17

565.115 - Child kidnapping — penalty.

1.A person commits the offense of child kidnapping if he or she is not a relative of the child within the third degree and, knowing he or she has no right to do so, removes a child under the age of fourteen without consent of the child's parents or guardian, or confines such child for a substantial period of time without such consent.

2.In determining whether the child was removed or confined unlawfully, it is an affirmative defense that the person reasonably believed that the person's actions were necessary to preserve the child from danger to his or her welfare.

3.The offense of child kidnapping is a class A felony.

(L. 2004 H.B. 1487, A.L. 2014 S.B. 491)

Effective 1-01-17

565.005 - Prior to trial for first degree murder, opposing counsels to furnish requested information, rules applied.

1.At a reasonable time before the commencement of the first stage of any trial of murder in the first degree at which the death penalty is not waived, the state and defendant, upon request and without order of the court, shall serve counsel of the opposing party with:

(1)A list of all aggravating or mitigating circumstances as provided in subsection 1 of section 565.032, which the party intends to prove at the second stage of the trial;

(2)The names of all persons whom the party intends to call as witnesses at the second stage of the trial;

(3)Copies or locations and custodian of any books, papers, documents, photographs or objects which the party intends to offer at the second stage of the trial.If copies of such materials are not supplied to opposing counsel, the party shall cause them to be made available for inspection and copying without order of the court.

2.The disclosures required in subsection 1 of this section are supplemental to those required by rules of the supreme court relating to a continuing duty to disclose information, the use of matters disclosed, matters not subject to disclosure, protective orders, and sanctions for failure to comply with an applicable discovery rule or order, all of which shall also apply to any disclosure required by this section.

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

Effective 10-01-84

565.001 - Procedure for chapter 565.

1.The provisions of this chapter shall govern the construction and procedures for charging, trial, punishment and appellate review of any offense defined in this chapter and committed after July 1, 1984.

2.The provisions of this chapter shall not govern the construction or procedures for charging, trial, punishment or appellate review of any offense committed before the effective date of this chapter.Such an offense must be construed, punished, charged, tried and reviewed on appeal according to applicable provisions of law existing prior to the effective date of this chapter in the same manner as if this chapter had not been enacted, the provisions of section 1.160 notwithstanding.

3.All provisions of "The Criminal Code" or other law consistent with the provisions of this chapter shall apply to this chapter.In the event of a conflict, the provisions of this chapter shall govern the interpretation of the provisions of this chapter.

4.Persons accused of committing a homicide offense shall be prosecuted:

(1)In the county in which the offense is committed; or

(2)If the offense is committed partly in one county and partly in another, or if the elements of the offense occur in more than one county, then in any of the counties where any element of the offense occurred; or

(3)In the county in which the body of the deceased victim is found; or

(4)If subdivisions (1), (2), and (3) of this subsection do not apply, then in the county in which the victim lived.

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

Effective 10-01-84

565.054 - Assault in the third degree.

1.A person commits the offense of assault in the third degree if he or she knowingly causes physical injury to another person.

2.The offense of assault in the third degree is a class E felony, unless the victim of such assault is a special victim, as the term "special victim" is defined under section 565.002, in which case it is a class D felony.

(L. 1977 S.B. 60, A.L. 1998 H.B. 1918, A.L. 2014 S.B. 491)

Transferred 2014; formerly 565.070; Effective 1-01-17

(2015) Offense of third-degree assault is a "nested" lesser included offense within the offense of second-degree assault; therefore, defendant is entitled upon proper request to jury instruction on issue.State v. Randle, 465 S.W.3d 477 (Mo.).

565.050 - Assault, first degree, penalty.

1.A person commits the offense of assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to another person.

2.The offense of assault in the first degree is a class B felony unless in the course thereof the person inflicts serious physical injury on the victim, or if the victim of such assault is a special victim, as the term "special victim" is defined under section 565.002, in which case it is a class A felony.

(L. 1977 S.B. 60, A.L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCE:

No bail, certain defendants, certain offenses, 544.671

565.150 - Interference with custody — penalty.

1.A person commits the offense of interference with custody if, knowing that he or she has no legal right to do so, he or she takes or entices from legal custody any person entrusted by order of a court to the custody of another person or institution.

2.The offense of interference with custody is a class A misdemeanor unless the person taken or enticed away from legal custody is removed from this state, detained in another state or concealed, in which case it is a class E felony.

3.Upon a finding of guilt for an offense under this section, the court may, in addition to or in lieu of any sentence or fine imposed, assess as restitution against the defendant and in favor of the legal custodian or parent, any reasonable expenses incurred by the legal custodian or parent in searching for or returning the child.

(L. 1977 S.B. 60, A.L. 1988 H.B. 1272, et al., A.L. 2014 S.B. 491)

Effective 1-01-17

(1984) "Takes...from lawful custody" is construed to include unlawful retention of any person following a period of temporary lawful custody. State v. Edmisten (Mo.App.), 674 S.W.2d 576.

565.300 - Infant's protection act — definitions — crime of infanticide — penalty — exception — application of law.

1.This section shall be known and may be cited as the "Infant's Protection Act".

2.As used in this section, and only in this section, the following terms shall mean:

(1)"Born", complete separation of an intact child from the mother regardless of whether the umbilical cord is cut or the placenta detached;

(2)"Living infant", a human child, born or partially born, who is alive, as determined in accordance with the usual and customary standards of medical practice and is not dead as determined pursuant to section 194.005, relating to the determination of the occurrence of death, and has not attained the age of thirty days post birth;

(3)"Partially born", partial separation of a child from the mother with the child's head intact with the torso.If vaginally delivered, a child is partially separated from the mother when the head in a cephalic presentation, or any part of the torso above the navel in a breech presentation, is outside the mother's external cervical os.If delivered abdominally, a child is partially separated from the mother when the child's head in a cephalic presentation, or any part of the torso above the navel in a breech presentation, is outside the mother's external abdominal wall.

3.A person commits the offense of infanticide if he or she causes the death of a living infant with the purpose to cause said death by an overt act performed when the infant is partially born or born.

4.The offense of infanticide is a class A felony.

5.A physician using procedures consistent with the usual and customary standards of medical practice to save the life of the mother during pregnancy or birth or to save the life of any unborn or partially born child of the same pregnancy shall not be criminally responsible under this section.In no event shall the mother be criminally responsible pursuant to this section for the acts of the physician if the physician is not held criminally responsible pursuant to this section.

6.This section shall not apply to any person who performs or attempts to perform a legal abortion if the act that causes the death is performed prior to the child being partially born, even though the death of the child occurs as a result of the abortion after the child is partially born.

7.Only that person who performs the overt act required under subsection 3 of this section shall be culpable under this section, unless a person, with the purpose of committing infanticide, does any act which is a substantial step towards the commission of the offense which results in the death of the living infant.A "substantial step" is conduct which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense.

8.Nothing in this section shall be interpreted to exclude the defenses otherwise available to any person under the law including defenses provided pursuant to chapters 562 and 563.

(L. 1999 H.B. 427, et al., A.L. 2014 S.B. 491)

Effective 1-01-17

(2002) Section does not contain an exception to liability for actions undertaken to preserve the life of the mother, and the culpable mens rea of the physician must begin before performing the procedure rather than during the procedure.State v. Reproductive Health Services, 97 S.W.3d 54 (Mo.App.E.D.).

(2004) Section is unconstitutional due to absence of exception to protect health of the pregnant woman, as enunciated by United States Supreme Court in Stenberg v. Carhart, 530 U.S. 914 (2000). Reproductive Health Services of Planned Parenthood v. Nixon, 325 F.Supp.2d 991 (W.D.Mo.), aff'd., 429 F.3d 803 (8th Cir.).

565.004 - Joinder of offenses, exception — prior offenders, procedure, exception, first degree murder — joinder, first degree murder, waiver of death penalty.

1.Each homicide offense which is lawfully joined in the same indictment or information together with any homicide offense or offense other than a homicide shall be charged together with such offense in separate counts.A count charging any offense of homicide may only be charged and tried together with one or more counts of any other homicide or offense other than a homicide as provided in subsection 2 of section 545.140.Except as provided in subsections 2, 3, and 4 of this section, no murder in the first degree offense may be tried together with any offense other than murder in the first degree.In the event of a joinder of homicide offenses, all offenses charged which are supported by the evidence in the case, together with all proper lesser offenses under section 565.029, shall, when requested by one of the parties or the court, be submitted to the jury or, in a jury-waived trial, considered by the judge.

2.A count charging any offense of homicide of a particular individual may be joined in an indictment or information and tried with one or more counts charging alternatively any other homicide or offense other than a homicide committed against that individual.The state shall not be required to make an election as to the alternative count on which it will proceed.This subsection in no way limits the right to try in the conjunctive, where they are properly joined under subsection 1 of this section, either separate offenses other than murder in the first degree or separate offenses of murder in the first degree committed against different individuals.

3.When a defendant has been charged and proven before trial to be a prior offender pursuant to chapter 558 so that the judge shall assess punishment and not a jury for an offense other than murder in the first degree, that offense may be tried and submitted to the trier together with any murder in the first degree charge with which it is lawfully joined.In such case the judge will assess punishment on any offense joined with a murder in the first degree charge according to law and, when the trier is a jury, it shall be instructed upon punishment on the charge of murder in the first degree in accordance with section 565.030.

4.When the state waives the death penalty for a murder first degree offense, that offense may be tried and submitted to the trier together with any other charge with which it is lawfully joined.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 1993 S.B. 180, A.L. 2014 S.B. 491)

Effective 1-01-17

(1989) Plain language of statute indicates circumstances allowing joinder of offenses with first degree murder are limited; however, where the charges arise from the same transaction and relate to acts committed against the same victim, the murder and armed criminal action can be joined and tried together. (Mo.banc) State ex rel.Bulloch v. Seier, 771 S.W.2d 71.

565.218 - Failure to report vulnerable person abuse — or neglect — penalty.

1.A person commits the offense of failure to report vulnerable person abuse or neglect if he or she is required to make a report under section 630.162 and knowingly fails to make a report.

2.The offense of knowingly failing to make a report as required in this section is a class A misdemeanor and the offender shall be subject to a fine of up to one thousand dollars, unless the offender has previously been found guilty of failing to make a report as required in this section, in which case the offense is a class E felony and the offender shall be subject to a fine of up to five thousand dollars.Penalties collected for violations of this section shall be transferred to the state school moneys fund as established in section 166.051 and distributed to the public schools of this state in the manner provided in section 163.031.Such penalties shall not be considered charitable for tax purposes.

(L. 2007 S.B. 3, A.L. 2014 S.B. 491)

Effective 1-01-17

565.010 - Consent as a defense.

1.When conduct is charged to constitute an offense because it causes or threatens physical injury, consent to that conduct or to the infliction of the injury is a defense only if:

(1)The physical injury consented to or threatened by the conduct is not serious physical injury; or

(2)The conduct and the harm are reasonably foreseeable hazards of:

(a)The victim's occupation or profession; or

(b)Joint participation in a lawful athletic contest or competitive sport; or

(3)The consent establishes a justification for the conduct under chapter 563 of this code.

2.The defendant shall have the burden of injecting the issue of consent.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Transferred 2014; formerly 565.080; Effective 1-01-17

565.110 - Kidnapping, first degree, penalty.

1.A person commits the offense of kidnapping in the first degree if he or she 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:

(1)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

(2)Using the person as a shield or as a hostage; or

(3)Interfering with the performance of any governmental or political function; or

(4)Facilitating the commission of any felony or flight thereafter; or

(5)Inflicting physical injury on or terrorizing the victim or another.

2.The offense of kidnapping in the first degree is a class A felony unless committed under subdivision (4) or (5) of subsection 1 of this section in which cases it is a class B felony.

(L. 1977 S.B. 60, A.L. 2004 H.B. 1487, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCE:

Conviction of offense, on release registration requirements and penalty for failure to comply (Megan's Law), 589.400 to 589.426

(1981) Kidnapping and rape were separate offenses and defendant thus was not punished twice for same offense because confinement and movement of victim were not incidental to commission of rape but increased risk of harm and danger to victim. State v. Stewart (A.), 615 S.W.2d 600.

(1993) For purposes of definition of "forcible compulsion" in section 556.061, age of victim, relationship to defendant and testimony of victim that defendant guided her head and mouth, or that defendant threatened to ground victim, was not sufficient evidence to establish that victim was in reasonable fear of death, serious physical injury or kidnapping under this section as required by conviction for forcible sodomy under section 566.060, RSMo.State v. Daleske, 866 S.W.2d 476 (Mo. App. W.D.).

(1994) Although, under Missouri statute, crime of kidnapping does not require proof of injury and where kidnapping is not intrinsically violent, crime entails serious potential risk of physical injury to another based on requirement that kidnapping be without person's consent; therefore, kidnapping under Missouri law is violent felony for purposes of enhanced sentencing under federal law.United States v. Phelps, 17 F.3d 1334 (10th Cir.).

565.030 - Trial procedure, first degree murder.

1.Where murder in the first degree is charged but not submitted or where the state waives the death penalty, the submission to the trier and all subsequent proceedings in the case shall proceed as in all other criminal cases.

2.Where murder in the first degree is submitted to the trier without a waiver of the death penalty, the trial shall proceed in two stages before the same trier.At the first stage the trier shall decide only whether the defendant is guilty or not guilty of any submitted offense.The issue of punishment shall not be submitted to the trier at the first stage.If an offense is charged other than murder in the first degree in a count together with a count of murder in the first degree, the trial judge shall assess punishment on any such offense according to law, after the defendant is found guilty of such offense and after he finds the defendant to be a prior offender pursuant to chapter 558.

3.If murder in the first degree is submitted and the death penalty was not waived but the trier finds the defendant guilty of a lesser homicide, a second stage of the trial shall proceed as in all other criminal cases.The attorneys may then argue as in other criminal cases the issue of punishment, after which the trier shall assess and declare the punishment as in all other criminal cases.

4.If the trier at the first stage of a trial where the death penalty was not waived finds the defendant guilty of murder in the first degree, a second stage of the trial shall proceed at which the only issue shall be the punishment to be assessed and declared.Evidence in aggravation and mitigation of punishment, including but not limited to evidence supporting any of the aggravating or mitigating circumstances listed in subsection 2 or 3 of section 565.032, may be presented subject to the rules of evidence at criminal trials.Such evidence may include, within the discretion of the court, evidence concerning the murder victim and the impact of the offense upon the family of the victim and others.Rebuttal and surrebuttal evidence may be presented.The state shall be the first to proceed.If the trier is a jury it shall be instructed on the law.The attorneys may then argue the issue of punishment to the jury, and the state shall have the right to open and close the argument.The trier shall assess and declare the punishment at life imprisonment without eligibility for probation, parole, or release except by act of the governor:

(1)If the trier finds by a preponderance of the evidence that the defendant is intellectually disabled; or

(2)If the trier does not find beyond a reasonable doubt at least one of the statutory aggravating circumstances set out in subsection 2 of section 565.032; or

(3)If the trier concludes that there is evidence in mitigation of punishment, including but not limited to evidence supporting the statutory mitigating circumstances listed in subsection 3 of section 565.032, which is sufficient to outweigh the evidence in aggravation of punishment found by the trier; or

(4)If the trier decides under all of the circumstances not to assess and declare the punishment at death.If the trier is a jury it shall be so instructed.

If the trier assesses and declares the punishment at death it shall, in its findings or verdict, set out in writing the aggravating circumstance or circumstances listed in subsection 2 of section 565.032 which it found beyond a reasonable doubt.If the trier is a jury it shall be instructed before the case is submitted that if it is unable to decide or agree upon the punishment the court shall assess and declare the punishment at life imprisonment without eligibility for probation, parole, or release except by act of the governor or death.The court shall follow the same procedure as set out in this section whenever it is required to determine punishment for murder in the first degree.

5.Upon written agreement of the parties and with leave of the court, the issue of the defendant's intellectual disability may be taken up by the court and decided prior to trial without prejudicing the defendant's right to have the issue submitted to the trier of fact as provided in subsection 4 of this section.

6.As used in this section, the terms "intellectual disability" or "intellectually disabled" refer 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.

7.The provisions of this section shall only govern offenses committed on or after August 28, 2001.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 1993 H.B. 562, A.L. 2001 S.B. 267, A.L. 2014 H.B. 1064, A.L. 2016 H.B. 2332 merged with S.B. 590)

(2003) Allowing trial judge independently to go through four-step process required by subsection 4 of section once jury deadlocked on defendant's punishment violates Ring v. Arizona requirement that the jury rather than the judge determine the facts on which the death penalty is issued.State v. Whitfield, 107 S.W.3d 253 (Mo.banc).

565.130 - Kidnapping, third degree, penalty.

1.A person commits the offense of kidnapping in the third degree if he or she knowingly restrains another unlawfully and without consent so as to interfere substantially with his or her liberty.

2.The offense of kidnapping in the third degree is a class A misdemeanor unless the person unlawfully restrained is removed from this state, in which case it is a class E felony.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

565.034 - Person under eighteen, written notice filed to seek life without parole, procedure — withdrawal — trial procedure — required findings.

1.If the state intends to seek a sentence of life without eligibility for probation or parole for a person charged with murder in the first degree who was under the age of eighteen at the time of the commission of the offense, the state must file with the court and serve upon the person a written notice of intent to seek life without eligibility for probation or parole.This notice shall be provided within one hundred twenty days of the person's arraignment upon an indictment or information charging the person with murder in the first degree.For good cause shown, the court may extend the period for service and filing of the notice.Any notice of intent to seek life without eligibility for probation or parole shall include a listing of the statutory aggravating circumstances, as provided by subsection 6 of this section, upon which the state will rely in seeking that sentence.

2.Notwithstanding any other provisions of law, where the state files a notice of intent to seek life without eligibility for probation or parole pursuant to this section, the defendant shall be entitled to an additional sixty days for the purpose of filing new motions or supplementing pending motions.

3.A notice of intent to seek life without eligibility for probation or parole pursuant to this section may be withdrawn at any time by a written notice of withdrawal filed with the court and served upon the defendant.Once withdrawn, the notice of intent to seek life without eligibility for probation or parole shall not be refiled.

4.After the state has filed a proper notice of intent to seek life without eligibility for probation or parole pursuant to this section, the trial shall proceed in two stages before the same trier.At the first stage the trier shall decide only whether the person is guilty or not guilty of any submitted offense.The issue of punishment shall not be submitted to the trier at the first stage.

5.If the trier at the first stage of the trial finds the person guilty of murder in the first degree, a second stage of the trial shall proceed at which the only issue shall be the punishment to be assessed and declared.

6.A person found guilty of murder in the first degree who was under the age of eighteen at the time of the commission of the offense is eligible for a sentence of life without eligibility for probation or parole only if a unanimous jury, or a judge in a jury-waived sentencing, finds beyond a reasonable doubt that:

(1)The victim received physical injuries personally inflicted by the defendant and the physical injuries inflicted by the defendant caused the death of the victim; and

(2)The defendant was found guilty of first degree murder and one of the following aggravating factors was present:

(a)The defendant has a previous conviction for first degree murder, assault in the first degree, rape in the first degree, or sodomy in the first degree;

(b)The murder was committed during the perpetration of any other first degree murder, assault in the first degree, rape in the first degree, or sodomy in the first degree;

(c)The murder was committed as part of an agreement with a third party that the defendant was to receive money or any other thing of monetary value in exchange for the commission of the offense;

(d)The defendant inflicted severe pain on the victim for the pleasure of the defendant or for the purpose of inflicting torture;

(e)The defendant killed the victim after he or she was bound or otherwise rendered helpless by the defendant or another person;

(f)The defendant, while killing the victim or immediately thereafter, purposely mutilated or grossly disfigured the body of the victim by an act or acts beyond that necessary to cause his or her death;

(g)The defendant, while killing the victim or immediately thereafter, had sexual intercourse with the victim or sexually violated him or her;

(h)The defendant killed the victim for the purposes of causing suffering to a third person; or

(i)The first degree murder was committed against a current or former:judicial officer, prosecuting attorney or assistant prosecuting attorney, law enforcement officer, firefighter, state or local corrections officer; or against a witness or potential witness to a past or pending investigation or prosecution, during or because of the exercise of their official duty or status as a witness.

(L. 2016 S.B. 590)

Effective 7-13-16

565.120 - Kidnapping, second degree, penalty.

1.A person commits the offense of kidnapping in the second degree if he or she knowingly restrains another unlawfully and without consent so as to interfere substantially with his or her liberty and exposes him or her to a substantial risk of serious physical injury.

2.The offense of kidnapping in the second degree is a class D felony.

(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

565.020 - First degree murder, penalty — person under eighteen years of age, penalty.

1.A person commits the offense of murder in the first degree if he or she knowingly causes the death of another person after deliberation upon the matter.

2.The offense of murder in the first degree is a class A felony, and, if a person is eighteen years of age or older at the time of the offense, the punishment shall be either death or imprisonment for life without eligibility for probation or parole, or release except by act of the governor.If a person has not reached his or her eighteenth birthday at the time of the commission of the offense, the punishment shall be as provided under section 565.033.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 1990 H.B. 974, A.L. 2016 S.B. 590)

Effective 7-13-16

CROSS REFERENCE:

Execution, location, duties of the warden, 546.730

565.024 - Involuntary manslaughter, first degree, penalty.

1.A person commits the offense of involuntary manslaughter in the first degree if he or she recklessly causes the death of another person.

2.The offense of involuntary manslaughter in the first degree is a class C felony, unless the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which case it is a class B felony.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 1986 H.B. 1596, A.L. 1999 S.B. 328, et al., A.L. 2005 H.B. 972 merged with S.B. 37, et al., A.L. 2005 1st Ex. Sess. H.B. 2, A.L. 2006 S.B. 872, et al., A.L. 2008 H.B. 1715, A.L. 2014 S.B. 491, A.L. 2017 S.B. 34)

(1992) Definition of "person" in section 1.205, RSMo, which includes unborn children is applicable to other statutes and court concludes that it applies at least to this section, the involuntary manslaughter statute.State v. Knapp, 843 S.W.2d 345 (Mo. en banc).

565.079 - Prior and persistent assault offenders — definitions — sentencing — procedure at trial — evidence of prior convictions, proof, how heard — sentencing.

1.As used in this section, the following terms mean:

(1)"Assault offense", the offenses of murder in the first degree, murder in the second degree, voluntary manslaughter, involuntary manslaughter in the first degree, assault in the first degree, assault in the second degree, assault in the third degree, assault in the fourth degree, domestic assault in the first degree, domestic assault in the second degree, domestic assault in the third degree, domestic assault in the fourth degree, or an attempt to commit any of these offenses, or the commission of an offense in another jurisdiction that if committed in this state would constitute the commission of any of the listed offenses;

(2)"Persistent assault offender", a person who has been found guilty of two or more assault offenses, where such two or more offenses occurred within ten years of the occurrence of the assault offense for which the person is charged;

(3)"Prior assault offender", a person who has been found guilty of one assault offense, where such prior offense occurred within five years of the occurrence of the assault offense for which the person is charged.

2.No court shall suspend the imposition of sentence as to a prior or persistent assault offender pursuant to this section nor sentence such person to pay a fine in lieu of a term of imprisonment, section 557.011 to the contrary notwithstanding, nor shall such person be eligible for parole or probation until such person has served a minimum of six months' imprisonment.

3.The court shall find the defendant to be a prior assault offender or persistent assault offender, if:

(1)The indictment or information, original or amended, or the information in lieu of an indictment pleads all essential facts warranting a finding that the defendant is a prior assault offender or persistent assault offender; and

(2)Evidence is introduced that establishes sufficient facts pleaded to warrant a finding beyond a reasonable doubt the defendant is a prior assault offender or persistent assault offender; and

(3)The court makes findings of fact that warrant a finding beyond a reasonable doubt by the court that the defendant is a prior assault offender or persistent assault offender.

4.In a jury trial, such facts shall be pleaded, established and found prior to submission to the jury outside of its hearing.

5.In a trial without a jury or upon a plea of guilty, the court may defer the proof in findings of such facts to a later time, but prior to sentencing.

6. The defendant shall be accorded full rights of confrontation and cross-examination, with the opportunity to present evidence, at such hearings.

7.The defendant may waive proof of the facts alleged.

8.Nothing in this section shall prevent the use of presentence investigations or commitments.

9.At the sentencing hearing both the state and the defendant shall be permitted to present additional information bearing on the issue of sentence.

10.The findings of guilt shall be prior to the date of commission of the present offense.

11.The court shall not instruct the jury as to the range of punishment or allow the jury, upon a finding of guilt, to assess and declare the punishment as part of its verdict in cases of prior assault offenders or persistent assault offenders.

12.Evidence of prior convictions shall be heard and determined by the trial court out of the hearing of the jury prior to the submission of the case to the jury, and shall include but not be limited to evidence of convictions received by a search of the records of the Missouri uniform law enforcement system maintained by the Missouri state highway patrol.After hearing the evidence, the court shall enter its findings thereon.

13.The court shall sentence a person who has been found to be a prior assault offender and is found guilty of a class B, C, or D felony under this chapter to the authorized term of imprisonment for the class one class step higher than the offense for which the person was found guilty.

14.The court shall sentence a person who has been found to be a persistent assault offender and is found guilty of a class C or D felony under this chapter to the authorized term of imprisonment for the class two steps higher than the offense for which the person was found guilty.A person found to be a persistent assault offender who is found guilty of a class B felony shall be sentenced to the authorized term of imprisonment for a class A felony.

(L. 1998 H.B. 1918 §§ 1, 2, B, A.L. 2000 H.B. 1677, et al., A.L. 2009 H.B. 62, A.L. 2014 S.B. 491)

Transferred 2014; formerly 565.063; Effective 1-01-17

565.032 - Evidence to be considered in assessing punishment in first degree murder cases for which death penalty authorized.

1.In all cases of murder in the first degree for which the death penalty is authorized, the judge in a jury-waived trial shall consider, or shall include in his or her instructions to the jury for it to consider:

(1)Whether a statutory aggravating circumstance or circumstances enumerated in subsection 2 of this section is established by the evidence beyond a reasonable doubt; and

(2)If a statutory aggravating circumstance or circumstances is proven beyond a reasonable doubt, whether the evidence as a whole justifies a sentence of death or a sentence of life imprisonment without eligibility for probation, parole, or release except by act of the governor.

In determining the issues enumerated in subdivisions (1) and (2) of this subsection, the trier shall consider all evidence which it finds to be in aggravation or mitigation of punishment, including evidence received during the first stage of the trial and evidence supporting any of the statutory aggravating or mitigating circumstances set out in subsections 2 and 3 of this section.If the trier is a jury, it shall not be instructed upon any specific evidence which may be in aggravation or mitigation of punishment, but shall be instructed that each juror shall consider any evidence which he or she considers to be aggravating or mitigating.

2.Statutory aggravating circumstances for a murder in the first degree offense shall be limited to the following:

(1)The offense was committed by a person with a prior record of conviction for murder in the first degree, or the offense was committed by a person who has one or more serious assaultive criminal convictions;

(2)The murder in the first degree offense was committed while the offender was engaged in the commission or attempted commission of another unlawful homicide;

(3)The offender by his or her act of murder in the first degree knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be hazardous to the lives of more than one person;

(4)The offender committed the offense of murder in the first degree for himself or herself or another, for the purpose of receiving money or any other thing of monetary value from the victim of the murder or another;

(5)The murder in the first degree was committed against a judicial officer, former judicial officer, prosecuting attorney or former prosecuting attorney, circuit attorney or former circuit attorney, assistant prosecuting attorney or former assistant prosecuting attorney, assistant circuit attorney or former assistant circuit attorney, peace officer or former peace officer, elected official or former elected official during or because of the exercise of his official duty;

(6)The offender caused or directed another to commit murder in the first degree or committed murder in the first degree as an agent or employee of another person;

(7)The murder in the first degree was outrageously or wantonly vile, horrible or inhuman in that it involved torture, or depravity of mind;

(8)The murder in the first degree was committed against any peace officer, or fireman while engaged in the performance of his or her official duty;

(9)The murder in the first degree was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement;

(10)The murder in the first degree was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement, of himself or herself or another;

(11)The murder in the first degree was committed while the defendant was engaged in the perpetration or was aiding or encouraging another person to perpetrate or attempt to perpetrate a felony of any degree of rape, sodomy, burglary, robbery, kidnapping, or any felony offense in chapter 195 or 579;

(12)The murdered individual was a witness or potential witness in any past or pending investigation or past or pending prosecution, and was killed as a result of his or her status as a witness or potential witness;

(13)The murdered individual was an employee of an institution or facility of the department of corrections of this state or local correction agency and was killed in the course of performing his or her official duties, or the murdered individual was an inmate of such institution or facility;

(14)The murdered individual was killed as a result of the hijacking of an airplane, train, ship, bus or other public conveyance;

(15)The murder was committed for the purpose of concealing or attempting to conceal any felony offense defined in chapter 195 or 579;

(16)The murder was committed for the purpose of causing or attempting to cause a person to refrain from initiating or aiding in the prosecution of a felony offense defined in chapter 195 or 579;

(17)The murder was committed during the commission of an offense which is part of a pattern of criminal street gang activity as defined in section 578.421.

3.Statutory mitigating circumstances shall include the following:

(1)The defendant has no significant history of prior criminal activity;

(2)The murder in the first degree was committed while the defendant was under the influence of extreme mental or emotional disturbance;

(3)The victim was a participant in the defendant's conduct or consented to the act;

(4)The defendant was an accomplice in the murder in the first degree committed by another person and his or her participation was relatively minor;

(5)The defendant acted under extreme duress or under the substantial domination of another person;

(6)The capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was substantially impaired;

(7)The age of the defendant at the time of the offense.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 1989 S.B. 215 & 58, A.L. 1993 H.B. 562, A.L. 2016 H.B. 2332 merged with S.B. 590)

Effective 1-01-17

565.188 - Failure to report elder abuse or neglect — penalty.

1.A person commits the offense of failure to report elder abuse or neglect if he or she is required to make a report as required under subdivision (2) of subsection 1 of section 192.2405, and knowingly fails to make a report.

2.The offense of failure to report elder abuse or neglect is a class A misdemeanor.

(L. 1992 S.B. 573 & 634 § 5, A.L. 2003 S.B. 556 & 311, A.L. 2014 S.B. 491)

Effective 1-01-17

565.167 - Custody of child — peace officer to take child into protective custody, when.

1.A peace officer investigating a report of a violation of section 565.150, or section 565.153 or 565.156, may take the child into temporary protective custody if it reasonably appears to the officer that any person unlawfully will flee the jurisdictional territory with the child.

2.If during the course of an investigation under section 565.150, or section 565.153 or 565.156, the child is found in the physical custody of the defendant or another, the law enforcement officer shall return the child to the parent or legal custodian from whom the child was concealed, detained or removed, unless there is good cause for the law enforcement officer to retain temporary protective custody of the child pursuant to section 210.125.

(L. 1988 H.B. 1272, et al. § 7)

565.163 - Venue.

Persons accused of committing the offense of interference with custody, parental kidnapping or child abduction may be prosecuted by the prosecuting attorney or circuit attorney:

(1)In the county in which the child was taken or enticed away from legal custody;

(2)In any county in which the child who was taken or enticed away from legal custody was taken or held by the defendant;

(3)The county in which lawful custody of the child taken or enticed away was granted; or

(4)The county in which the defendant is found.

(L. 1988 H.B. 1272, et al. § 5, A.L. 2014 S.B. 491)

Effective 1-01-17

565.184 - Abuse of an elderly person, a person with disability, or a vulnerable person — penalty.

1.A person commits the offense of abuse of an elderly person, a person with a disability, or a vulnerable person if he or she:

(1)Purposely engages in conduct involving more than one incident that causes emotional distress to an elderly person, a person with a disability, or a vulnerable person.The course of conduct shall be such as would cause a reasonable elderly person, person with a disability, or vulnerable person to suffer substantial emotional distress; or

(2)Intentionally fails to provide care, goods or services to an elderly person, a person with a disability, or a vulnerable person.The result of the conduct shall be such as would cause a reasonable elderly person, person with a disability, or vulnerable person to suffer physical or emotional distress; or

(3)Knowingly acts or knowingly fails to act in a manner which results in a substantial risk to the life, body or health of an elderly person, a person with a disability, or a vulnerable person.

2.The offense of abuse of an elderly person, a person with a disability, or a vulnerable person is a class A misdemeanor.Nothing in this section shall be construed to mean that an elderly person, a person with a disability, or a vulnerable person is abused solely because such person chooses to rely on spiritual means through prayer, in lieu of medical care, for his or her health care, as evidence by such person's explicit consent, advance directive for health care, or practice.

(L. 1992 S.B. 573 & 634 § 3, A.L. 2007 S.B. 3, A.L. 2014 S.B. 491)

Effective 1-01-17

565.090 - Harassment, first degree, penalty.

1.A person commits the offense of harassment in the first degree if he or she, without good cause, engages in any act with the purpose to cause emotional distress to another person, and such act does cause such person to suffer emotional distress.

2.The offense of harassment in the first degree is a class E felony.

3.This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of violation of federal, state, county, or municipal law.

(L. 1977 S.B. 60, A.L. 2008 S.B. 818 & 795, A.L. 2014 S.B. 491)

Effective 1-01-17

(1981) Statute defining offense of harassment was not unconstitutionally vague, and was not overbroad and did not deny due process. State v. Koetting (Mo.), 616 S.W.2d 822.

1985) Held not unconstitutionally overbroad. The caller's intent to disturb or frighten need not be the sole intent or purpose of the call. State v. Koetting (A.), 691 S.W.2d 328.

(1987) Four harassing phone calls made directly to an individual's telephone answering machine falls within the purview of this section. State v. Placke, 733 S.W.2d 847 (Mo.App.).

565.073 - Domestic assault, second degree — penalty.

1.A person commits the offense of domestic assault in the second degree if the act involves a domestic victim, as the term "domestic victim" is defined under section 565.002, and he or she:

(1)Knowingly causes physical injury to such domestic victim by any means, including but not limited to, use of a deadly weapon or dangerous instrument, or by choking or strangulation; or

(2)Recklessly causes serious physical injury to such domestic victim; or

(3)Recklessly causes physical injury to such domestic victim by means of any deadly weapon.

2.The offense of domestic assault in the second degree is a class D felony.

(L. 2000 H.B. 1677, et al., A.L. 2012 S.B. 628, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371)

Effective 1-01-17

565.222 - Filing a false vulnerable person abuse report — penalty.

1.A person commits the offense of filing a false vulnerable person abuse report if he or she knowingly files a false report of vulnerable person abuse or neglect.

2.The offense of filing a false report of vulnerable person abuse or neglect is a class A misdemeanor and the offender shall be subject to a fine of up to one thousand dollars, unless the offender has previously been found guilty of making a false report to the department, in which case the offense is a class E felony and the offender shall be subject to a fine of up to five thousand dollars.Penalties collected for violations of this subsection shall be transferred to the state school moneys fund as established in section 166.051 and distributed to the public schools of this state in the manner provided in section 163.031.Such penalties shall not be considered charitable for tax purposes.

3.Evidence of prior findings of guilt under this section shall be heard by the court, out of the hearing of the jury, prior to the submission of the case to the jury, and the court shall determine the existence of the prior findings of guilt.

(L. 2014 S.B. 491)

Effective 1-01-17

565.257 - Law enforcement officers viewing or photographing during investigations or in prisons for security not an invasion of privacy.

The provisions of sections 565.250* to 565.257 shall not apply to:

(1)Viewing, photographing or filming by law enforcement officers during a lawful criminal investigation;

(2)Viewing, photographing or filming by law enforcement officers or by personnel of the department of corrections or of a local jail or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the department of corrections or the local jail or correctional facility.

(L. 1995 H.B. 160 § 1 subsec. 5)

*Section 565.250 was repealed by S.B. 491, 2014, effective 1-01-17.

565.153 - Parental kidnapping — penalty.

1.In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the offense of parental kidnapping if he or she removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child.

2.Parental kidnapping is a class E felony, unless committed by detaining or concealing the whereabouts of the child for:

(1)Not less than sixty days but not longer than one hundred nineteen days, in which case, the offense is a class D felony;

(2)Not less than one hundred twenty days, in which case, the offense is a class B felony.

3.A subsequently obtained court order for custody or visitation shall not affect the application of this section.

4.Upon a finding of guilt for an offense under this section, the court may, in addition to or in lieu of any sentence or fine imposed, assess as restitution against the defendant and in favor of the legal custodian or parent, any reasonable expenses incurred by the legal custodian or parent in searching for or returning the child.

(L. 1988 H.B. 1272, et al. § 2, A.L. 2008 S.B. 714, et al., A.L. 2014 S.B. 491)

Effective 1-01-17

565.006 - Waiver of jury trial permitted, when.

1.At any time before the commencement of the trial of a homicide offense, the defendant may, with the assent of the court, waive a trial by jury and agree to submit all issues in the case to the court, whose finding shall have the force and effect of a verdict of a jury.Such a waiver must include a waiver of a trial by jury of all issues and offenses charged in the case, including the punishment to be assessed and imposed if the defendant is found guilty.

2.No defendant who pleads guilty to a homicide offense or who is found guilty of a homicide offense after trial to the court without a jury shall be permitted a trial by jury on the issue of the punishment to be imposed, except by agreement of the state.

3.If a defendant is found guilty of murder in the first degree after a jury trial in which the state has not waived the death penalty, the defendant may not waive a jury trial of the issue of the punishment to be imposed, except by agreement with the state and the court.

4.Any waiver of a jury trial and agreement permitted by this section shall be entered in the court record.

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

Effective 10-01-84

(2002) Arizona statute allowing trial judge to determine presence or absence of aggravating factors required for imposition of death penalty violates Sixth Amendment right to a jury trial.Ring v. Arizona, 122 S.Ct. 2428 (U.S. Supreme Court).

565.002 - Definitions.

As used in this chapter, unless a different meaning is otherwise plainly required the following terms mean:

(1)"Adequate cause", 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;

(2)"Child", a person under seventeen years of age;

(3)"Conduct", includes any act or omission;

(4)"Course of conduct", 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.Constitutionally protected activity is not included within the meaning of course of conduct.Such constitutionally protected activity includes picketing or other organized protests;

(5)"Deliberation", cool reflection for any length of time no matter how brief;

(6)"Domestic victim", a household or family member as the term "family" or "household member" is defined in section 455.010, including any child who is a member of the household or family;

(7)"Emotional distress", something markedly greater than the level of uneasiness, nervousness, unhappiness, or the like which are commonly experienced in day-to-day living;

(8)"Full or partial nudity", the showing of all or any part of the human genitals, pubic area, buttock, or any part of the nipple of the breast of any female person, with less than a fully opaque covering;

(9)"Legal custody", the right to the care, custody and control of a child;

(10)"Parent", either a biological parent or a parent by adoption;

(11)"Person having a right of custody", a parent or legal guardian of the child;

(12)"Photographs" or "films", the making of any photograph, motion picture film, videotape, or any other recording or transmission of the image of a person;

(13)"Place where a person would have a reasonable expectation of privacy", 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;

(14)"Special victim", any of the following:

(a)A law enforcement officer assaulted in the performance of his or her official duties or as a direct result of such official duties;

(b)Emergency personnel, any paid or volunteer firefighter, emergency room, hospital, or trauma center personnel, or emergency medical technician, assaulted in the performance of his or her official duties or as a direct result of such official duties;

(c)A probation and parole officer assaulted in the performance of his or her official duties or as a direct result of such official duties;

(d)An elderly person;

(e)A person with a disability;

(f)A vulnerable person;

(g)Any jailer or corrections officer of the state or one of its political subdivisions assaulted in the performance of his or her official duties or as a direct result of such official duties;

(h)A highway worker in a construction or work zone as the terms "highway worker", "construction zone", and "work zone" are defined under section 304.580;

(i)Any utility worker, meaning any employee of a utility that provides gas, heat, electricity, water, steam, telecommunications services, or sewer services, whether privately, municipally, or cooperatively owned, while in the performance of his or her job duties, including any person employed under a contract;

(j)Any cable worker, meaning 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; and

(k)Any employee of a mass transit system, including any employee of public bus or light rail companies, while in the performance of his or her job duties;

(15)"Sudden passion", 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;

(16)"Trier", the judge or jurors to whom issues of fact, guilt or innocence, or the assessment and declaration of punishment are submitted for decision;

(17)"Views", 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.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371, A.L. 2017 S.B. 34)

565.252 - Invasion of privacy, penalty.

1.A person commits the offense of invasion of privacy if he or she knowingly:

(1)Photographs, films, videotapes, produces, or otherwise creates an image of another person, without the person's consent, while the person is in a state of full or partial nudity and is in a place where one would have a reasonable expectation of privacy; or

(2)Photographs, films, videotapes, produces, or otherwise creates an image of another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent.

2.Invasion of privacy is a class A misdemeanor unless:

(1)A person who creates an image in violation of this section distributes the image to another or transmits the image in a manner that allows access to that image via computer;

(2)A person disseminates or permits the dissemination by any means, to another person, of a videotape, photograph, or film obtained in violation of this section;

(3)More than one person is viewed, photographed, filmed or videotaped during the same course of conduct; or

(4)The offense was committed by a person who has previously been found guilty of invasion of privacy

in which case invasion of privacy is a class E felony.

3.Prior findings of guilt shall be pleaded and proven in the same manner required by the provisions of section 558.021.

4.As used in this section, "same course of conduct" 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.

(L. 2002 S.B. 969, et al., A.L. 2014 S.B. 491)

Effective 1-01-17

565.052 - Assault, second degree, penalty.

1.A person commits the offense of assault in the second degree if he or she:

(1)Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or

(2)Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument; or

(3)Recklessly causes serious physical injury to another person; or

(4)Recklessly causes physical injury to another person by means of discharge of a firearm.

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 assault in the second degree is a class D felony, unless the victim of such assault is a special victim, as the term "special victim" is defined under section 565.002, in which case it is a class B felony.

(L. 1977 S.B. 60, A.L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, S.B. 602, A.L. 1993 S.B. 180, A.L. 2006 S.B. 872, et al., A.L. 2014 S.B. 491)

Transferred 2014; formerly 565.060; Effective 1-01-17

565.156 - Child abduction — penalty.

1.A person commits the offense of child abduction if he or she:

(1)Intentionally takes, detains, entices, conceals or removes a child from a parent after being served with process in an action affecting marriage or paternity but prior to the issuance of a temporary or final order determining custody; or

(2)At the expiration of visitation rights outside the state, intentionally fails or refuses to return or impedes the return of the child to the legal custodian in Missouri; or

(3)Conceals, detains, or removes the child for payment or promise of payment at the instruction of a person who has no legal right to custody; or

(4)Retains in this state for thirty days a child removed from another state without the consent of the legal custodian or in violation of a valid court order of custody; or

(5)Having legal custody of the child pursuant to a valid court order, removes, takes, detains, conceals or entices away that child within or without the state, without good cause, and with the intent to deprive the custody or visitation rights of another person, without obtaining written consent as is provided under section 452.377.

2.The offense of child abduction is a class E felony.

3.Upon a finding of guilt for an offense under this section, the court may, in addition to or in lieu of any sentence or fine imposed, assess as restitution against the defendant and in favor of the legal custodian or parent, any reasonable expenses incurred by the legal custodian or parent in searching for or returning the child.

(L. 1988 H.B. 1272, et al. § 3, A.L. 2014 S.B. 491)

Effective 1-01-17

565.056 - Assault in the fourth degree.

1.A person commits the offense of assault in the fourth degree if:

(1)The person attempts to cause or recklessly causes physical injury, physical pain, or illness to another person;

(2)With criminal negligence the person causes physical injury to another person by means of a firearm;

(3)The person purposely places another person in apprehension of immediate physical injury;

(4)The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person;

(5)The person knowingly causes or attempts to cause physical contact with a person with a disability, which a reasonable person, who does not have a disability, would consider offensive or provocative; or

(6)The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.

2.Except as provided in subsection 3 of this section, assault in the fourth degree is a class A misdemeanor.

3.Violation of the provisions of subdivision (3) or (6) of subsection 1 of this section is a class C misdemeanor unless the victim is a special victim, as the term "special victim" is defined under section 565.002, in which case a violation of such provisions is a class A misdemeanor.

(L. 2014 S.B. 491)

Effective 1-01-17

565.003 - Culpable mental state may exist though different person killed — time between act and death no defense.

1.The culpable mental state necessary for a homicide offense may be found to exist if the only difference between what actually occurred and what was the object of the offender's state of mind is that a different person or persons were killed.

2.The length of time which transpires between conduct which results in a death and is the basis of a homicide offense and the event of such death is no defense to any charge of homicide.

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

Effective 10-01-84

565.072 - Domestic assault, first degree — penalty.

1.A person commits the offense of domestic assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to a domestic victim, as the term "domestic victim" is defined under section 565.002.

2.The offense of domestic assault in the first degree is a class B felony unless in the course thereof the person inflicts serious physical injury on the victim, in which case it is a class A felony.

(L. 2000 H.B. 1677, et al., A.L. 2007 H.B. 583, A.L. 2012 S.B. 628, A.L. 2014 S.B. 491)

Effective 1-01-17

565.091 - Harassment, second degree, penalty.

1.A person commits the offense of harassment in the second degree if he or she, without good cause, engages in any act with the purpose to cause emotional distress to another person.

2.The offense of harassment in the second degree is a class A misdemeanor, unless the person has previously pleaded guilty to or been found guilty of a violation of this section, of any offense committed in violation of any county or municipal ordinance in any state, any state law, any federal law, or any military law which if committed in this state would be chargeable or indictable as a violation of any offense listed in this subsection, in which case it is a class E felony.

3.This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of violations of federal, state, county, or municipal law.

(L. 2014 S.B. 491, A.L. 2017 S.B. 34)

565.076 - Domestic assault in the fourth degree, penalty.

1.A person commits the offense of domestic assault in the fourth degree if the act involves a domestic victim, as the term "domestic victim" is defined under section 565.002, and:

(1)The person attempts to cause or recklessly causes physical injury, physical pain, or illness to such domestic victim;

(2)With criminal negligence the person causes physical injury to such domestic victim by means of a deadly weapon or dangerous instrument;

(3)The person purposely places such domestic victim in apprehension of immediate physical injury by any means;

(4)The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to such domestic victim;

(5)The person knowingly causes physical contact with such domestic victim knowing he or she will regard the contact as offensive; or

(6)The person knowingly attempts to cause or causes the isolation of such domestic victim by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices or transportation for the purpose of isolation.

2.The offense of domestic assault in the fourth degree is a class A misdemeanor, unless the person has previously been found guilty of the offense of domestic assault, of any assault offense under this chapter, or of any offense against a domestic victim committed in violation of any county or municipal ordinance in any state, any state law, any federal law, or any military law which if committed in this state two or more times would be a violation of this section, in which case it is a class E felony.The offenses described in this subsection may be against the same domestic victim or against different domestic victims.

(L. 2014 S.B. 491, A.L. 2017 S.B. 34)

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.

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

Effective 1-01-17

565.027 - Involuntary manslaughter, second degree, penalty.

1.A person commits the offense of involuntary manslaughter in the second degree if he or she acts with criminal negligence to cause the death of any person.

2.The offense of involuntary manslaughter in the second degree is a class E felony, unless the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which case it is a class D felony.

(L. 2014 S.B. 491, A.L. 2017 S.B. 34)

565.227 - Stalking, second degree, penalty.

1.A person commits the offense of stalking in the second degree if he or she purposely, through his or her course of conduct, disturbs, or follows with the intent to disturb another person.

2.This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of any violation of federal, state, county, or municipal law.

3.Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.

4.The offense of stalking in the second degree is a class A misdemeanor, unless the defendant has previously been found guilty of a violation of this section or section 565.225, or of any offense committed in another jurisdiction which, if committed in this state, would be chargeable or indictable as a violation of any offense listed in this section or section 565.225, or unless the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which case stalking in the second degree is a class E felony.

(L. 2014 S.B. 491, A.L. 2017 S.B. 34)

565.189 - Filing a false elder abuse or neglect report — penalty.

1.A person commits the offense of filing a false elder abuse or neglect report if he or she knowingly files a false report of elder abuse or neglect.

2.The offense of filing a false elder abuse or neglect report is a class A misdemeanor, unless the person has previously been found guilty of making a false report to the department and is subsequently found guilty of making a false report under this section, in which case it is a class E felony.

3.Evidence of prior findings of guilt of false reporting shall be heard by the court, out of the hearing of the jury, prior to the submission of the case to the jury, and the court shall determine the existence of the prior findings of guilt.

(L. 2014 S.B. 491)

Effective 1-01-17

565.033 - Person under eighteen, sentencing — factors to be considered, jury instructions.

1.A person found guilty of murder in the first degree who was under the age of eighteen at the time of the commission of the offense shall be sentenced to a term of life without eligibility for probation or parole as provided in section 565.034, life imprisonment with eligibility for parole, or not less than thirty years and not to exceed forty years imprisonment.

2.When assessing punishment in all first degree murder cases in which the defendant was under the age of eighteen at the time of the commission of the offense or offenses, the judge in a jury-waived trial shall consider, or the judge shall include in instructions to the jury for it to consider, the following factors:

(1)The nature and circumstances of the offense committed by the defendant;

(2)The degree of the defendant's culpability in light of his or her age and role in the offense;

(3)The defendant's age, maturity, intellectual capacity, and mental and emotional health and development at the time of the offense;

(4)The defendant's background, including his or her family, home, and community environment;

(5)The likelihood for rehabilitation of the defendant;

(6)The extent of the defendant's participation in the offense;

(7)The effect of familial pressure or peer pressure on the defendant's actions;

(8)The nature and extent of the defendant's prior criminal history, including whether the offense was committed by a person with a prior record of conviction for murder in the first degree, or one or more serious assaultive criminal convictions;

(9)The effect of characteristics attributable to the defendant's youth on the defendant's judgment; and

(10)A statement by the victim or the victim's family member as provided by section 557.041 until December 31, 2016, and beginning January 1, 2017, section 595.229.