Chapter 577 Public Safety Offenses

577.016 - Operating an aircraft with excessive blood alcohol content — penalties.

Steven Groce, Attorney Advertisement

1.A person commits the offense of operating an aircraft with excessive blood alcohol content if he or she knowingly operates any aircraft or knowingly acts as a copilot, flight engineer or flight navigator for an aircraft while in operation:

(1)With four one-hundredths of one percent or more by weight of alcohol in his or her blood; or

(2)Within eight hours after the consumption of any alcoholic beverage.

2.As used in this section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or two hundred ten liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva or urine.For the purposes of determining the alcoholic content of a person's blood under this section, the test shall be conducted in accordance with the provisions of sections 577.020 to 577.041.

3.The offense of operating an aircraft with excessive blood alcohol content is:

(1)A class C misdemeanor;

(2)A class A misdemeanor if the defendant has been found guilty of operating an aircraft with excessive blood alcohol content or operating an aircraft while intoxicated or any offense committed in any jurisdiction which, if committed in this state, would be the offense of operating an aircraft with excessive blood alcohol content or operating an aircraft while intoxicated.

(L. 2014 S.B. 491)

Effective 1-01-17

577.712 - Refusal of admission to terminal — requests for identification or to leave terminal authorized, failure to comply, penalty.

1.In order to provide for the safety, comfort, and well-being of passengers and others having a bona fide business interest in any terminal, a bus transportation company may refuse admission to terminals to any person not having bona fide business within the terminal.Any such refusal shall not be inconsistent or contrary to state or federal laws, regulations pursuant thereto, or to any ordinance of the political subdivision in which such terminal is located.A duly authorized company representative may ask any person in a terminal or on the premises of a terminal to identify himself or herself and state his or her business.Failure to comply with such request or failure to state an acceptable business purpose shall be grounds for the company representative to request that such person leave the terminal.Refusal to comply with such request shall constitute disorderly conduct.Disorderly conduct shall be a class C misdemeanor.

2.It is unlawful for any person to carry a deadly or dangerous weapon or any explosives or hazardous material into a terminal or aboard a bus.Possession of a deadly or dangerous weapon, explosive or hazardous material shall be a class D felony.Upon the discovery of any such item or material, the company may obtain possession and retain custody of such item or material until it is transferred to the custody of law enforcement officers.

(L. 1982 S.B. 519 § 5, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.320; Effective 1-01-17

577.612 - Tampering with or circumventing the operation of an interlock device — penalty.

1.A person commits the offense of tampering with or circumventing the operation of an ignition interlock device if:

(1)His or her driving privilege is restricted by a prohibition on the operation of any vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device, and he or she knowingly requests or solicits any other person to blow into an ignition interlock device or to start a vehicle equipped with the device for the purpose of providing the person so restricted with an operable vehicle; or

(2)He or she blows into an ignition interlock device or starts a vehicle equipped with the device for the purpose of providing an operable vehicle to a person whose driving privilege is restricted pursuant to the provisions of this chapter or chapter 302 by a prohibition on the operation of any vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device; or

(3)He or she tampers with, or circumvents the operation of, an ignition interlock device.

2.The offense of tampering with or circumventing the operation of an ignition interlock device is a class A misdemeanor.

(L. 1995 S.B. 102 § 7, A.L. 2008 S.B. 930 & 947, A.L. 2014 S.B. 491)

Effective 1-01-17

577.012 - Driving with excessive blood alcohol content — sentencing restrictions.

1.A person commits the offense of driving with excessive blood alcohol content if such person operates:

(1)A vehicle while having eight-hundredths of one percent or more by weight of alcohol in his or her blood; or

(2)A commercial motor vehicle while having four one-hundredths of one percent or more by weight of alcohol in his or her blood.

2.As used in this section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or two hundred ten liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva or urine.For the purposes of determining the alcoholic content of a person's blood under this section, the test shall be conducted in accordance with the provisions of sections 577.020 to 577.041.

3.The offense of driving with excessive blood alcohol content is:

(1)A class B misdemeanor;

(2)A class A misdemeanor if the defendant is alleged and proved to be a prior offender;

(3)A class E felony if the defendant is alleged and proved to be a persistent offender;

(4)A class D felony if the defendant is alleged and proved to be an aggravated offender;

(5)A class C felony if the defendant is alleged and proved to be a chronic offender;

(6)A class B felony if the defendant is alleged and proved to be a habitual offender.

4.A person found guilty of the offense of driving with an excessive blood alcohol content as a first offense shall not be granted a suspended imposition of sentence:

(1)Unless such person shall be placed on probation for a minimum of two years; or

(2)In a circuit where a DWI court or docket created under section 478.007 or other court-ordered treatment program is available, and where the offense was committed with fifteen-hundredths of one percent or more by weight of alcohol in such person's blood, unless the individual participates in and successfully completes a program under such DWI court or docket or other court-ordered treatment program.

5.If a person is not granted a suspended imposition of sentence for the reasons described in subsection 4 of this section:

(1)If the individual operated the vehicle with fifteen-hundredths to twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than forty-eight hours;

(2) If the individual operated the vehicle with greater than twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than five days.

6.If a person is found guilty of a second or subsequent offense of driving with an excessive blood alcohol content, the court may order the person to submit to a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day as a condition of probation.

7.A person found guilty of driving with excessive blood alcohol content:

(1)As a prior offender, persistent offender, aggravated offender, chronic offender or habitual offender shall not be granted a suspended imposition of sentence or be sentenced to pay a fine in lieu of a term of imprisonment, section 557.011 to the contrary notwithstanding;

(2)As a prior offender shall not be granted parole or probation until he or she has served a minimum of ten days imprisonment:

(a)Unless as a condition of such parole or probation such person performs at least thirty days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or

(b)The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available, and as part of either program, the offender performs at least thirty days of community service under the supervision of the court;

(3)As a persistent offender shall not be granted parole or probation until he or she has served a minimum of thirty days imprisonment:

(a)Unless as a condition of such parole or probation such person performs at least sixty days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or

(b)The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available, and as part of either program, the offender performs at least sixty days of community service under the supervision of the court;

(4)As an aggravated offender shall not be eligible for parole or probation until he or she has served a minimum of sixty days imprisonment;

(5)As a chronic or habitual offender shall not be eligible for parole or probation until he or she has served a minimum of two years imprisonment; and

(6)Any probation or parole granted under this subsection may include a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day.

(L. 1975 S.B. 32, A.L. 1982 S.B. 513, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2001 H.B. 302 & 38, A.L. 2010 H.B. 1695, et al., A.L. 2014 S.B. 491, A.L. 2015 S.B. 254, A.L. 2016 H.B. 2332)

Effective 1-01-17

(1986) Probable cause that a person had been "driving" under these sections was found even though the machine stands motionless, where such person is found unconscious behind the wheel with the motor running and the transmission in "drive". Dalton v. McNeill, 713 S.W.2d 26 (Mo.App.W.D.)

577.706 - Planting a bomb or explosive in or near a bus or terminal — penalties.

1.A person commits the offense of planting a bomb or explosive in or near a bus or terminal if he or she bombs, plants, or places any bomb or other explosive matter or thing in, upon, or near any terminal or bus, wherein a person or persons are located or being transported, or where there is being stored, shipped or prepared for shipment, any goods, wares, merchandise or anything of value.The offense of planting a bomb or explosive in or near a bus or terminal is a class A felony.

2.Any person who threatens to commit the offense of planting a bomb or explosive in or near a bus or terminal shall be guilty of a class D felony.

3.Any person who discharges any firearm or hurls any missile at, into, or upon any bus, terminal, or other transportation facility shall be guilty of a class B felony.

(L. 1982 S.B. 519 § 3, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.310; Effective 1-01-17

577.073 - Damaging state park property — penalties.

1.A person commits the offense of damaging state park property if he or she:

(1)Knowingly places or deposits waste paper, tin cans, bottles, or rubbish of any kind within a state park;

(2)Contaminates, in any manner, any spring, pool, or stream within a state park;

(3)Cuts, prunes, picks, defaces, or injures, in any manner, the flowers, trees, shrubs, or any other flora growing on the land or in the water of any state park except as performed or directed by authorized personnel of the department of natural resources; or

(4)Removes, injures, disfigures, defaces, or destroys an object of archaeological or historical value or interest within a state park except as performed or directed by authorized personnel of the department of natural resources.

2.The offense of damaging state park property is a class C misdemeanor, unless:

(1)Such damage creates a substantial risk of physical injury or property damage to another; or

(2)The defendant has previously been found guilty of a violation of this section or an offense committed in another jurisdiction which, if committed in this state, would be a violation under this section, in which case it is a class A misdemeanor.

(L. 1961 p. 332 §§ 1, 2, A.L. 2012 H.B. 1251 merged with S.B. 719, A.L. 2014 S.B. 491)

Effective 1-01-17

577.080 - Abandoning motor vehicle — last owner of record deemed the owner of abandoned motor vehicle, procedures — penalty — civil liability.

1.A person commits the offense of abandoning a vehicle, vessel, or trailer if he or she knowingly abandons any vehicle, vessel, or trailer on:

(1)The right-of-way of any public road or state highway;

(2)On or in any of the waters in this state;

(3)On the banks of any stream;

(4)On any land or water owned, operated or leased by the state, any board, department, agency or commission thereof, or any political subdivision thereof;

(5)On any land or water owned, operated or leased by the federal government; or

(6)On any private real property owned by another without his or her consent.

2.For purposes of this section, the last owner of record of a vehicle, vessel, or trailer found abandoned and not shown to be transferred pursuant to sections 301.196 and 301.197 shall be deemed prima facie evidence of ownership of such vehicle, vessel, or trailer at the time it was abandoned and the person who abandoned the vehicle, vessel, or trailer or caused or procured its abandonment.The registered owner of the abandoned vehicle, vessel, or trailer shall not be subject to the penalties provided by this section if the vehicle, vessel, or trailer was in the care, custody, or control of another person at the time of the violation.In such instance, the owner shall submit such evidence in an affidavit permitted by the court setting forth the name, address, and other pertinent information of the person who leased, rented, or otherwise had care, custody, or control of the vehicle, vessel, or trailer at the time of the alleged violation.The affidavit submitted pursuant to this subsection shall be admissible in a court proceeding adjudicating the alleged violation and shall raise a rebuttable presumption that the person identified in the affidavit was in actual control of the vehicle, vessel, or trailer.In such case, the court has the authority to terminate the prosecution of the summons issued to the owner and issue a summons to the person identified in the affidavit as the operator.If the vehicle, vessel, or trailer is alleged to have been stolen, the owner of the vehicle, vessel, or trailer shall submit proof that a police report was filed in a timely manner indicating that the vehicle or vessel was stolen at the time of the alleged violation.

3.The offense of abandoning a vehicle, vessel, or trailer is a class A misdemeanor.

4.Any person convicted pursuant to this section shall be civilly liable for all reasonable towing, storage, and administrative costs associated with the abandonment of the vehicle, vessel, or trailer.Any reasonable towing, storage, and administrative costs in excess of the value of the abandoned vehicle, vessel, or trailer that exist at the time the property is transferred pursuant to section 304.156 shall remain the liability of the person convicted pursuant to this section so long as the towing company, as defined in chapter 304, provided the title owner and lienholders, as ascertained by the department of revenue records, a notice within the time frame and in the form as described in subsection 1 of section 304.156.

(L. 1977 S.B. 60, A.L. 2004 S.B. 1233, et al., A.L. 2008 H.B. 1715, A.L. 2014 S.B. 491)

Effective 1-01-17

577.033 - Inability of person to be tested to refuse, effect.

Any person who is dead, unconscious or who is otherwise in a condition rendering him incapable of refusing to take a test as provided in sections 577.020 to 577.041 shall be deemed not to have withdrawn the consent provided by section 577.020 and the test or tests may be administered.

(L. 1982 S.B. 513)

577.037 - Chemical tests, results admitted into evidence, when, effect of.

1.Upon the trial of any person for any criminal offense or violations of county or municipal ordinances, or in any license suspension or revocation proceeding pursuant to the provisions of chapter 302, arising out of acts alleged to have been committed by any person while operating a vehicle, vessel, or aircraft, or acting as a flight crew member of any aircraft, while in an intoxicated condition or with an excessive blood alcohol content, the amount of alcohol in the person's blood at the time of the act, as shown by any chemical analysis of the person's blood, breath, saliva, or urine, is admissible in evidence and the provisions of subdivision (5) of section 491.060 shall not prevent the admissibility or introduction of such evidence if otherwise admissible.

2.If a chemical analysis of the defendant's breath, blood, saliva, or urine demonstrates there was eight-hundredths of one percent or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.If a chemical analysis of the defendant's breath, blood, saliva, or urine demonstrates that there was less than eight-hundredths of one percent of alcohol in the defendant's blood, any charge alleging a criminal offense related to the operation of a vehicle, vessel, or aircraft while in an intoxicated condition shall be dismissed with prejudice unless one or more of the following considerations cause the court to find a dismissal unwarranted:

(1)There is evidence that the chemical analysis is unreliable as evidence of the defendant's intoxication at the time of the alleged violation due to the lapse of time between the alleged violation and the obtaining of the specimen;

(2)There is evidence that the defendant was under the influence of a controlled substance, or drug, or a combination of either or both with or without alcohol; or

(3)There is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant.

3.Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or grams of alcohol per two hundred ten liters of breath.

4.The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was intoxicated.

5.A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in subsection 2 of this section, shall have been performed as provided in sections 577.020 to 577.041 and in accordance with methods and standards approved by the state department of health and senior services.

(L. 1982 S.B. 513, A.L. 1983 S.B. 318 & 135, A.L. 1988 H.B. 1242 Revision, A.L. 1993 S.B. 167 merged with S.B. 180, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2001 H.B. 302 & 38, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371, A.L. 2016 H.B. 2332)

Effective 1-01-17

577.685 - Illegal reentry, offense of, penalty.

1.A person commits the offense of illegal reentry if he or she has been removed from the United States for any of the reasons listed under 8 U.S.C. Section 1326(b) and thereafter:

(1)Illegally enters this state and commits a misdemeanor offense of assault or domestic assault under chapter 565, any dangerous felony offense as the term "dangerous felony" is defined in* section 556.061, any felony offense under chapter 579, with the exception of any offense involving the possession of marijuana, any offense under section 570.030, or any offense under section 570.217; or

(2)Commits an offense in any other state that would be considered a misdemeanor offense of assault or domestic assault under chapter 565, any dangerous felony offense as the term "dangerous felony" is defined in section 556.061, any felony offense under chapter 579, with the exception of any offense involving the possession of marijuana, any offense under section 570.030, or any offense under section 570.217 under the laws of this state, and thereafter enters this state.

2.The offense of illegal reentry is a class C felony.

(L. 2017 S.B. 34)

*Word "in" does not appear in original rolls.

577.076 - Unlawful disposition of a dead animal — penalty.

1.A person commits the offense of unlawful disposition of a dead animal if he or she knowingly places or causes to be placed the carcass or offal of any dead animal:

(1)Into any well, spring, brook, branch, creek, pond, or lake; or

(2)On any public road or highway, river, stream, or watercourse or upon premises not his or her own for the purpose of annoying another or others.

2.The offense of unlawful disposition of a dead animal is a class C misdemeanor.

(RSMo 1939 § 4729, A.L. 1971 H.B. 72, A.L. 1972 S.B. 457, A.L. 2014 S.B. 491)

Prior revisions: 1929 § 4339; 1919 § 3587; 1909 § 4795

Effective 1-01-17

577.023 - Aggravated, chronic, persistent and prior offenders, when — trial procedures — sentencing information.

1.A court shall find the defendant to be a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender, or habitual boating 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 offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender, or habitual boating offender; and

(2)Evidence is introduced that establishes sufficient facts pleaded to warrant a finding beyond a reasonable doubt the defendant is a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender, or habitual boating 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 offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender, or habitual boating offender.

2.In a jury trial, the defendant's status as a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender, or habitual boating offender shall be found prior to submission to the jury outside of its hearing.

3.In a trial without a jury or upon a plea of guilty, a determination of the defendant's status as a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender, or habitual boating offender may be made by the court at any time prior to sentencing.

4.Evidence offered as proof of the defendant's status as a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender or habitual boating offender shall include but not be limited to evidence of findings of guilt received by a search of the records of the Missouri uniform law enforcement system, including criminal history records from the central repository or records from the driving while intoxicated tracking system (DWITS) maintained by the Missouri state highway patrol, or the certified driving record maintained by the Missouri department of revenue.Any findings of guilt used to establish the defendant's status as a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender or habitual boating offender shall be prior to the date of commission of the present offense.

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

6.The defendant may waive proof of the facts used to prove his or her status as a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender, or habitual boating offender.

7.If a court finds the defendant to be a prior offender, prior boating offender, persistent offender, persistent boating offender, aggravated offender, aggravated boating offender, chronic offender, chronic boating offender, habitual offender, or habitual boating offender, 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.

8.At sentencing, all parties shall be permitted to present additional information bearing on the issue of the sentence.Nothing in this section shall prevent the use of presentence investigations, sentencing advisory reports or commitments.

(L. 1982 S.B. 513, A.L. 1983 S.B. 318 & 135, A.L. 1991 S.B. 125 & 341, A.L. 1993 S.B. 167 merged with S.B. 180, A.L. 1998 S.B. 634, A.L. 2001 H.B. 302 & 38, A.L. 2005 H.B. 353 merged with H.B. 972 and S.B. 37, et al. merged with H.B. 353, A.L. 2005 1st Ex. Sess. H.B. 2, A.L. 2008 H.B. 1715, A.L. 2008 H.B. 1715 merged with S.B. 930 & 947, A.L. 2009 H.B. 62, A.L. 2010 H.B. 1695, et al., A.L. 2011 H.B. 199, A.L. 2012 S.B. 480, A.L. 2014 S.B. 491)

Effective 1-01-17

(1984) Sentence enhancement provisions do not violate constitutional proscription against ex post facto laws. (Mo.banc) State v. Acton, 665 S.W.2d 618.

(1991)Where defendant was convicted of intoxication-related traffic offenses in violation of laws of other states, such convictions may be used for enhancement purposes as persistent offender.Phrase "in violation of state law" bars use of municipal ordinance convictions for enhancement.State v. Ryan, 813 S.W.2d 898 (Mo. App.S.D.).

(1997) Intoxication-related traffic offense includes a guilty plea to a DWI in violation of a municipal ordinance with a suspended imposition of sentence.State v. Meggs, 950 S.W.2d 608 (Mo.App.S.D.).

(1997) A blood alcohol content conviction pursuant to municipal ordinance can be used as evidence to enhance punishment.State v. Haskins, 950 S.W.2d 613 (Mo.App.S.D.).

577.599 - Failure to comply with ignition interlock device requirements — penalty.

1.A person commits the offense of failure to comply with ignition interlock device requirements if he or she knowingly operates a motor vehicle that is not equipped with a functioning certified ignition interlock device in violation of a court, or department of revenue, order to use such a device.

2.The offense of failure to comply with ignition interlock device requirements is a class A misdemeanor.

(L. 2014 S.B. 491)

Effective 1-01-17

577.703 - Bus hijacking, penalty — assault with intent to commit bus hijacking, penalty, with a deadly weapon, penalty — possession and concealment of deadly weapon by passenger, penalty, exception.

1.A person commits the offense of bus hijacking if he or she seizes or exercises control, by force or violence or threat of force or violence, of any bus.The offense of bus hijacking is a class B felony.

2.The offense of "assault with the intent to commit bus hijacking" is defined as an intimidation, threat, assault or battery toward any driver, attendant or guard of a bus so as to interfere with the performance of duties by such person.Assault to commit bus hijacking is a class D felony.

3.Any person, who, in the commission of such intimidation, threat, assault or battery with the intent to commit bus hijacking, employs a dangerous or deadly weapon or other means capable of inflicting serious bodily injury shall, upon conviction, be guilty of a class A felony.

4.Any passenger who boards a bus with a dangerous or deadly weapon or other means capable of inflicting serious bodily injury concealed upon his or her person or effects is guilty of the felony of "possession and concealment of a dangerous or deadly weapon" upon a bus.Possession and concealment of a dangerous and deadly weapon by a passenger upon a bus is a class D felony.The provisions of this subsection shall not apply to duly elected or appointed law enforcement officers or commercial security personnel who are in possession of weapons used within the course and scope of their employment; nor shall the provisions of this subsection apply to persons who are in possession of weapons or other means of inflicting serious bodily injury with the consent of the owner of such bus, his or her agent, or the lessee or bailee of such bus.

(L. 1982 S.B. 519 § 2, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.305; Effective 1-01-17

577.013 - Boating while intoxicated — sentencing restrictions.

1.A person commits the offense of boating while intoxicated if he or she operates a vessel while in an intoxicated condition.

2.The offense of boating while intoxicated is:

(1)A class B misdemeanor;

(2)A class A misdemeanor if:

(a)The defendant is a prior boating offender; or

(b)A person less than seventeen years of age is present in the vessel;

(3)A class E felony if:

(a)The defendant is a persistent boating offender; or

(b)While boating while intoxicated, the defendant acts with criminal negligence to cause physical injury to another person;

(4)A class D felony if:

(a)The defendant is an aggravated boating offender;

(b)While boating while intoxicated, the defendant acts with criminal negligence to cause physical injury to a law enforcement officer or emergency personnel; or

(c)While boating while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to another person;

(5)A class C felony if:

(a)The defendant is a chronic boating offender;

(b)While boating while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to a law enforcement officer or emergency personnel; or

(c)While boating while intoxicated, the defendant acts with criminal negligence to cause the death of another person;

(6)A class B felony if:

(a)The defendant is a habitual boating offender; or

(b)While boating while intoxicated, the defendant acts with criminal negligence to cause the death of a law enforcement officer or emergency personnel;

(7)A class A felony if the defendant is a habitual offender as a result of being found guilty of an act described under paragraph (d) of subdivision (12) of section 577.001 and is found guilty of a subsequent violation of such paragraph.

3.Notwithstanding the provisions of subsection 2 of this section, a person found guilty of the offense of boating while intoxicated as a first offense shall not be granted a suspended imposition of sentence:

(1)Unless such person shall be placed on probation for a minimum of two years; or

(2)In a circuit where a DWI court or docket created under section 478.007 or other court-ordered treatment program is available, and where the offense was committed with fifteen-hundredths of one percent or more by weight of alcohol in such person's blood, unless the individual participates in and successfully completes a program under such DWI court or docket or other court-ordered treatment program.

4.If a person is found guilty of a second or subsequent offense of boating while intoxicated, the court may order the person to submit to a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day as a condition of probation.

5.If a person is not granted a suspended imposition of sentence for the reasons described in subsection 3 of this section:

(1)If the individual operated the vessel with fifteen-hundredths to twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than forty-eight hours;

(2)If the individual operated the vessel with greater than twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than five days.

6.A person found guilty of the offense of boating while intoxicated:

(1)As a prior boating offender, persistent boating offender, aggravated boating offender, chronic boating offender or habitual boating offender shall not be granted a suspended imposition of sentence or be sentenced to pay a fine in lieu of a term of imprisonment, section 557.011 to the contrary notwithstanding;

(2)As a prior boating offender shall not be granted parole or probation until he or she has served a minimum of ten days imprisonment:

(a)Unless as a condition of such parole or probation such person performs at least two hundred forty hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or

(b)The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available;

(3)As a persistent offender shall not be eligible for parole or probation until he or she has served a minimum of thirty days imprisonment:

(a)Unless as a condition of such parole or probation such person performs at least four hundred eighty hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or

(b)The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available;

(4)As an aggravated boating offender shall not be eligible for parole or probation until he or she has served a minimum of sixty days imprisonment;

(5)As a chronic or habitual boating offender shall not be eligible for parole or probation until he or she has served a minimum of two years imprisonment; and

(6)Any probation or parole granted under this subsection may include a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day.

(L. 2014 S.B. 491, A.L. 2014 H.B. 1371, A.L. 2015 S.B. 254, A.L. 2016 H.B. 2332)

Effective 1-01-17

577.017 - Consumption of alcoholic beverages while driving — penalty.

1.A person commits the offense of consumption of an alcoholic beverage while driving if he or she operates a moving motor vehicle upon any public thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways or alleys in any municipality while consuming any alcoholic beverage.

2.The offense of consumption of an alcoholic beverage while driving is an infraction and shall not be reflected on any records maintained by the department of revenue.

(L. 1991 S.B. 125 & 341 § 1, A.L. 2014 S.B. 491)

Effective 1-01-17

577.605 - Failure to notify another of ignition interlock requirements — penalty.

1.A person commits the offense of failure to notify another of ignition interlock requirements if he or she is required to use an ignition interlock device on all vehicles he or she operates and he or she knowingly fails to notify any other person who rents, leases or loans a vehicle to that person of such requirement.

2.The offense of failing to notify another of ignition interlock requirements is a class A misdemeanor.

(L. 2014 S.B. 491)

Effective 1-01-17

577.001 - Chapter definitions.

As used in this chapter, the following terms mean:

(1)"Aggravated offender", a person who has been found guilty of:

(a)Three or more intoxication-related traffic offenses committed on separate occasions; or

(b)Two or more intoxication-related traffic offenses committed on separate occasions where at least one of the intoxication-related traffic offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed;

(2)"Aggravated boating offender", a person who has been found guilty of:

(a)Three or more intoxication-related boating offenses; or

(b)Two or more intoxication-related boating offenses committed on separate occasions where at least one of the intoxication-related boating offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vessel while intoxicated and another person was injured or killed;

(3)"All-terrain vehicle", any motorized vehicle manufactured and used exclusively for off-highway use which is fifty inches or less in width, with an unladen dry weight of one thousand pounds or less, traveling on three, four or more low pressure tires, with a seat designed to be straddled by the operator, or with a seat designed to carry more than one person, and handlebars for steering control;

(4)"Court", any circuit, associate circuit, or municipal court, including traffic court, but not any juvenile court or treatment court;

(5)"Chronic offender", a person who has been found guilty of:

(a)Four or more intoxication-related traffic offenses committed on separate occasions; or

(b)Three or more intoxication-related traffic offenses committed on separate occasions where at least one of the intoxication-related traffic offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed; or

(c)Two or more intoxication-related traffic offenses committed on separate occasions where both intoxication-related traffic offenses were offenses committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed;

(6)"Chronic boating offender", a person who has been found guilty of:

(a)Four or more intoxication-related boating offenses; or

(b)Three or more intoxication-related boating offenses committed on separate occasions where at least one of the intoxication-related boating offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vessel while intoxicated and another person was injured or killed; or

(c)Two or more intoxication-related boating offenses committed on separate occasions where both intoxication-related boating offenses were offenses committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vessel while intoxicated and another person was injured or killed;

(7)"Continuous alcohol monitoring", automatically testing breath, blood, or transdermal alcohol concentration levels and tampering attempts at least once every hour, regardless of the location of the person who is being monitored, and regularly transmitting the data.Continuous alcohol monitoring shall be considered an electronic monitoring service under subsection 3 of section 217.690;

(8)"Controlled substance", a drug, substance, or immediate precursor in schedules I to V listed in section 195.017;

(9)"Drive", "driving", "operates" or "operating", physically driving or operating a vehicle or vessel;

(10)"Flight crew member", the pilot in command, copilots, flight engineers, and flight navigators;

(11)"Habitual offender", a person who has been found guilty of:

(a)Five or more intoxication-related traffic offenses committed on separate occasions; or

(b)Four or more intoxication-related traffic offenses committed on separate occasions where at least one of the intoxication-related traffic offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed; or

(c)Three or more intoxication-related traffic offenses committed on separate occasions where at least two of the intoxication-related traffic offenses were offenses committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed;

(12)"Habitual boating offender", a person who has been found guilty of:

(a)Five or more intoxication-related boating offenses; or

(b)Four or more intoxication-related boating offenses committed on separate occasions where at least one of the intoxication-related boating offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vessel while intoxicated and another person was injured or killed; or

(c)Three or more intoxication-related boating offenses committed on separate occasions where at least two of the intoxication-related boating offenses were offenses committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vessel while intoxicated and another person was injured or killed; or

(d)While boating while intoxicated, the defendant acted with criminal negligence to:

a.Cause the death of any person not a passenger in the vessel operated by the defendant, including the death of an individual that results from the defendant's vessel leaving the water; or

b.Cause the death of two or more persons; or

c.Cause the death of any person while he or she has a blood alcohol content of at least eighteen-hundredths of one percent by weight of alcohol in such person's blood;

(13)"Intoxicated" or "intoxicated condition", when a person is under the influence of alcohol, a controlled substance, or drug, or any combination thereof;

(14)"Intoxication-related boating offense", operating a vessel while intoxicated; boating while intoxicated; operating a vessel with excessive blood alcohol content or an offense in which the defendant was operating a vessel while intoxicated and another person was injured or killed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense;

(15)"Intoxication-related traffic offense", driving while intoxicated, driving with excessive blood alcohol content, driving under the influence of alcohol or drugs in violation of a state law, county or municipal ordinance, any federal offense, or any military offense, or an offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense;

(16)"Law enforcement officer" or "arresting officer", includes the definition of law enforcement officer in section 556.061 and military policemen conducting traffic enforcement operations on a federal military installation under military jurisdiction in the state of Missouri;

(17)"Operate a vessel", to physically control the movement of a vessel in motion under mechanical or sail power in water;

(18)"Persistent offender", a person who has been found guilty of:

(a)Two or more intoxication-related traffic offenses committed on separate occasions; or

(b)One intoxication-related traffic offense committed in violation of any state law, county or municipal ordinance, federal offense, or military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed;

(19)"Persistent boating offender", a person who has been found guilty of:

(a)Two or more intoxication-related boating offenses committed on separate occasions; or

(b)One intoxication-related boating offense committed in violation of any state law, county or municipal ordinance, federal offense, or military offense in which the defendant was operating a vessel while intoxicated and another person was injured or killed;

(20)"Prior offender", a person who has been found guilty of one intoxication-related traffic offense, where such prior offense occurred within five years of the occurrence of the intoxication-related traffic offense for which the person is charged;

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

(L. 1982 S.B. 513, A.L. 1986 H.B. 1531, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2005 H.B. 972 merged with S.B. 37, et al., A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371, A.L. 2015 S.B. 254, A.L. 2016 H.B. 2332, A.L. 2017 S.B. 34, A.L. 2018 1st Ex. Sess. H.B. 2)

Effective 12-18-18

577.709 - Vulgar or profane language — passenger under influence of alcohol or drugs, penalties, exceptions — driver may remove passenger from bus, when.

1.It is unlawful, while on a bus, in the terminal, or on property contiguous thereto for any person:

(1)To threaten a breach of the peace or use any obscene, profane, or vulgar language;

(2)To be under the influence of alcohol, unlawfully under the influence of a controlled substance, to ingest or have in his possession any controlled substance unless properly prescribed by a physician or medical facility, or to drink intoxicating liquor of any kind in or upon any passenger bus except a chartered bus;

(3)To fail to obey a reasonable request or order of a bus driver or any duly authorized company representative.

2.If any person shall violate any provision of this section, the driver of the bus, or person in charge thereof, may stop it at the place where the offense is committed, or at the next regular or convenient stopping place of the bus and require the person to leave the bus.

3.Violation of this section is a class C misdemeanor.

(L. 1982 S.B. 519 § 4, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.315; Effective 1-01-17

577.150 - Tampering with a water supply — penalty.

1.A person commits the offense of tampering with a water supply if he or she purposely:

(1)Poisons, defiles or in any way corrupts the water of a well, spring, brook or reservoir used for domestic or municipal purposes; or

(2)Diverts, dams up and holds back from its natural course and flow any spring, brook or other water supply for domestic or municipal purposes, after said water supply shall have once been taken for use by any person or persons, corporation, town or city for their use.

2.The offense of tampering with a water supply is a class A misdemeanor.

(RSMo 1939 § 4730, A.L. 2014 S.B. 491)

Prior revisions: 1929 § 4340; 1919 § 3588; 1909 § 4796

Effective 1-01-17

577.019 - Citation of law.

Sections 577.019 to 577.021 shall be known as the Alan Woods Law.

(L. 2006 S.B. 872, et al., § 577.020 subsec. 1)

577.015 - Operating an aircraft while intoxicated — penalties.

1.A person commits the offense of operating an aircraft while intoxicated if he or she, while in an intoxicated condition, knowingly operates any aircraft or knowingly acts as a copilot, flight engineer or flight navigator for an aircraft while in operation.

2.The offense of operating an aircraft while intoxicated is:

(1)A class C misdemeanor;

(2)A class A misdemeanor if the person has previously been found guilty of the offense of operating an aircraft while intoxicated or with an excessive blood alcohol content, or any offense committed in another jurisdiction which, if committed in this state, would be the offense of operating an aircraft with excessive blood alcohol content or while intoxicated.

(L. 1993 H.B. 562 § 8 subsecs. 1, 3, 4, A.L. 2014 S.B. 491)

Transferred 2014; formerly 577.203; Effective 1-01-17

577.715 - Detention in terminal by security guard authorized — no criminal or civil liability, exception.

A duly authorized security guard may detain within the terminal any person committing an act declared unlawful by any provision of sections 577.700 to 577.718 and section 307.176* until law enforcement authorities arrive.Such detention shall not constitute unlawful imprisonment and neither the company nor such company representative personally shall be civilly or criminally liable upon grounds of unlawful imprisonment or assault providing that only reasonable force is exercised against any person so detained.

(L. 1982 S.B. 519 § 6, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.325; Effective 1-01-17

*Section 307.176 was repealed by H.B. 1965, 2010.

577.060 - Leaving the scene of an accident — penalties.

1.A person commits the offense of leaving the scene of an accident when:

(1)Being the operator of a vehicle or a vessel involved in an accident resulting in injury or death or damage to property of another person; and

(2)Having knowledge of such accident he or she leaves the place of the injury, damage or accident without stopping and giving the following information to the other party or to a law enforcement officer, or if no law enforcement officer is in the vicinity, then to the nearest law enforcement agency:

(a)His or her name;

(b)His or her residence, including city and street number;

(c)The registration or license number for his or her vehicle or vessel; and

(d)His or her operator's license number, if any.

2.For the purposes of this section, all law enforcement officers shall have jurisdiction, when invited by an injured person, to enter the premises of any privately owned property for the purpose of investigating an accident and performing all necessary duties regarding such accident.

3.The offense of leaving the scene of an accident is:

(1)A class A misdemeanor;

(2)A class E felony if:

(a)Physical injury was caused to another party; or

(b)Damage in excess of one thousand dollars was caused to the property of another person; or

(c)The defendant has previously been found guilty of any offense in violation of this section; or committed in another jurisdiction which, if committed in this state, would be a violation of an offense of this section; or

(3)A class D felony if a death has occurred as a result of the accident.

4.A law enforcement officer who investigates or receives information of an accident involving an all-terrain vehicle and also involving the loss of life or serious physical injury shall make a written report of the investigation or information received and such additional facts relating to the accident as may come to his or her knowledge, mail the information to the department of public safety, and keep a record thereof in his or her office.

5.The provisions of this section shall not apply to the operation of all-terrain vehicles when property damage is sustained in sanctioned all-terrain vehicle races, derbies and rallies.

(L. 1977 S.B. 60, A.L. 1983 H.B. 287, A.L. 1986 S.B. 450, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 2014 S.B. 491, A.L. 2016 H.B. 2332, A.L. 2017 S.B. 34)

577.068 - Failure to report a shooting — penalties.

1.A person commits the offense of failure to report a shooting when:

(1)Being in possession of a firearm or projectile weapon as defined in section 571.010, he or she discharges such firearm or projectile weapon and causes injury or death to another person; and

(2)Knowing that he or she has caused such injury or death, fails to report such shooting to a law enforcement officer.If no such officer is in the vicinity where the shooting occurs, the person must provide such information to the nearest law enforcement agency.

2.Failure to report a shooting is:

(1)A class A misdemeanor; or

(2)A class E felony if the person has previously been found guilty of a violation of this section or any offense committed in another jurisdiction which, if committed in this state, would be a violation of an offense described in this section.

3.A person is not in violation of this section if he or she fails to report a shooting in order to obtain medical assistance or contact law enforcement authorities to notify them of the shooting, so long as such person returns to the scene of the shooting or otherwise reports the shooting as provided herein within a reasonable time after the shooting.

4.All law enforcement officers and reserve law enforcement officers shall have authority to investigate shootings and arrest a person who violates subsection 1 of this section, except that conservation agents may enforce such provisions as to hunting-related shootings.For the purpose of this section, a "hunting-related shooting" shall be defined as any shooting in which a person is injured as a result of hunting activity that involves the discharge of a hunting weapon.

(L. 1999 S.B. 328, et al., A.L. 2014 S.B. 491)

Effective 1-01-17

577.031 - Persons administering tests not liable, when.

No person who administers any test pursuant to the provisions of sections 577.020 to 577.041 upon the request of a law enforcement officer, no hospital in or with which such person is employed or is otherwise associated or in which such test is administered, and no other person, firm, or corporation by whom or with which such person is employed or is in any way associated, shall be civilly liable in damages to the person tested unless for gross negligence, willful or wanton act, or omission.

(L. 1982 S.B. 513, A.L. 2014 S.B. 491)

Effective 1-01-17

577.078 - Water contamination — penalty.

1.A person commits the offense of criminal water contamination if such person knowingly introduces any dangerous radiological, chemical or biological agent or substance into any public or private waters of the state or any water supply with the purpose of causing death or serious physical injury to another person.

2.The offense of criminal water contamination is a class B felony.

(L. 2002 S.B. 712, A.L. 2014 S.B. 491)

Transferred 2014; formerly 569.072; Effective 1-01-17

577.025 - Negligent operation of a vessel — penalty.

A person commits the offense of negligent operation of a vessel if when operating a vessel he or she acts with criminal negligence, as defined in subsection 5 of section 562.016, to cause physical injury to any other person or damage to the property of any other person.A person convicted of negligent operation of a vessel is guilty of a class B misdemeanor upon conviction for the first violation, guilty of a class A misdemeanor upon conviction for the second violation, and guilty of a class E felony for conviction for the third and subsequent violations.

(L. 1993 S.B. 167, A.L. 2008 H.B. 1715, A.L. 2014 S.B. 491)

Transferred 2014; formerly 306.111; Effective 1-01-17

577.021 - Chemical testing authorized — reasonable efforts to test required — admissibility.

1.Any state, county or municipal law enforcement officer who is certified pursuant to chapter 590 may, prior to arrest, administer a chemical test to any person suspected of operating a vehicle, vessel, or aircraft or acting as a flight crew member of an aircraft while in an intoxicated condition or with an excessive blood alcohol content.

2.Any state, county, or municipal law enforcement officer who is certified under chapter 590 shall make all reasonable efforts to administer a chemical test to any person suspected of operating a vehicle or vessel involved in a collision or accident which resulted in a fatality or serious physical injury as defined in section 556.061.

3.A test administered pursuant to this section shall be admissible as evidence of probable cause to arrest and as exculpatory evidence, but shall not be admissible as evidence of blood alcohol content.The provisions of sections 577.019 and 577.020 shall not apply to a test administered prior to arrest pursuant to this section.

(L. 1993 S.B. 167, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2001 H.B. 302 & 38, A.L. 2006 S.B. 872, et al., A.L. 2014 S.B. 491)

Effective 1-01-17

577.029 - Blood alcohol content tests, how made, by whom, when — person tested to receive certain information, when.

A licensed physician, registered nurse, phlebotomist, or trained medical technician, acting at the request and direction of the law enforcement officer under section 577.020, shall, with the consent of the patient or a warrant issued by a court of competent jurisdiction, withdraw blood for the purpose of determining the alcohol content of the blood, unless such medical personnel, in his or her good faith medical judgment, believes such procedure would endanger the life or health of the person in custody.Blood may be withdrawn only by such medical personnel, but such restriction shall not apply to the taking of a breath test, a saliva specimen, or a urine specimen.In withdrawing blood for the purpose of determining the alcohol content thereof, only a previously unused and sterile needle and sterile vessel shall be utilized and the withdrawal shall otherwise be in strict accord with accepted medical practices.Upon the request of the person who is tested, full information concerning the test taken at the direction of the law enforcement officer shall be made available to him or her.

(L. 1982 S.B. 513, A.L. 2007 H.B. 574, A.L. 2009 H.B. 62, A.L. 2014 S.B. 491, A.L. 2018 S.B. 870 merged with S.B. 951)

577.070 - Littering — penalties.

1.A person commits the offense of littering if he or she places, deposits, or causes to be placed or deposited, any glass, glass bottles, wire, nails, tacks, hedge, cans, garbage, trash, refuse, or rubbish of any kind, nature or description on the right-of-way of any public road or state highway or on or in any of the waters in this state or on the banks of any stream, or on any land or water owned, operated or leased by the state, any board, department, agency or commission thereof or on any land or water owned, operated or leased by the federal government or on any private real property owned by another without the owner's consent.

2.The offense of littering is a class C misdemeanor unless:

(1)Such littering creates a substantial risk of physical injury or property damage to another; or

(2)The person has been found guilty of a violation of this section or an offense committed in another jurisdiction which, if committed in this state, would be a violation under this section, in which case it is a class A misdemeanor.

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

Effective 1-01-17

577.020 - Chemical tests for alcohol content of blood — consent implied, when — administered, when, how — information available to person tested, contents — videotaping of chemical or field sobriety test admissible evidence.

1.Any person who operates a vehicle upon the public highways of this state, a vessel, or any aircraft, or acts as a flight crew member of an aircraft shall be deemed to have given consent, subject to the provisions of sections 577.019 to 577.041, to a chemical test or tests of the person's breath, blood, saliva, or urine for the purpose of determining the alcohol or drug content of the person's blood pursuant to the following circumstances:

(1)If the person is arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was operating a vehicle or a vessel while in an intoxicated condition;

(2)If the person is detained for any offense of operating an aircraft while intoxicated under section 577.015 or operating an aircraft with excessive blood alcohol content under section 577.016;

(3)If the person is under the age of twenty-one, has been stopped by a law enforcement officer, and the law enforcement officer has reasonable grounds to believe that such person was operating a vehicle or a vessel with a blood alcohol content of two-hundredths of one percent or more by weight;

(4)If the person is under the age of twenty-one, has been stopped by a law enforcement officer, and the law enforcement officer has reasonable grounds to believe that such person has committed a violation of the traffic laws of the state, or any political subdivision of the state, and such officer has reasonable grounds to believe, after making such stop, that such person has a blood alcohol content of two-hundredths of one percent or greater;

(5)If the person is under the age of twenty-one, has been stopped at a sobriety checkpoint or roadblock and the law enforcement officer has reasonable grounds to believe that such person has a blood alcohol content of two-hundredths of one percent or greater; or

(6)If the person, while operating a vehicle, has been involved in a collision or accident which resulted in a fatality or a readily apparent serious physical injury as defined in section 556.061, or has been arrested as evidenced by the issuance of a uniform traffic ticket for the violation of any state law or county or municipal ordinance with the exception of equipment violations contained in chapters 306 and 307, or similar provisions contained in county or municipal ordinances.

The test shall be administered at the direction of the law enforcement officer whenever the person has been stopped, detained, or arrested for any reason.

2.The implied consent to submit to the chemical tests listed in subsection 1 of this section shall be limited to not more than two such tests arising from the same stop, detention, arrest, incident or charge.

3.To be considered valid, chemical analysis of the person's breath, blood, saliva, or urine shall be performed, according to methods approved by the state department of health and senior services, by licensed medical personnel or by a person possessing a valid permit issued by the state department of health and senior services for this purpose.

4.The state department of health and senior services shall approve satisfactory techniques, devices, equipment, or methods to be used in the chemical test pursuant to the provisions of sections 577.019 to 577.041.The department shall also establish standards to ascertain the qualifications and competence of individuals to conduct such analyses and issue permits which shall be subject to termination or revocation by the state department of health and senior services.

5.The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a law enforcement officer.The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer.

6.Upon the request of the person who is tested, full information concerning the test shall be made available to such person.Full information is limited to the following:

(1)The type of test administered and the procedures followed;

(2)The time of the collection of the blood, breath, or urine sample analyzed;

(3)The numerical results of the test indicating the alcohol content of the blood and breath and urine;

(4)The type and status of any permit which was held by the person who performed the test;

(5)If the test was administered by means of a breath-testing instrument, the date of the most recent maintenance of such instrument.

Full information does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the state.Additionally, full information does not include information in the possession of the manufacturer of the test instrument.

7.Any person given a chemical test of the person's breath pursuant to subsection 1 of this section or a field sobriety test may be videotaped during any such test at the direction of the law enforcement officer.Any such video recording made during the chemical test pursuant to this subsection or a field sobriety test shall be admissible as evidence at any trial of such person for a violation of any state law or county or municipal ordinance, and at any license revocation or suspension proceeding held pursuant to the provisions of chapter 302.

(L. 1977 S.B. 60, A.L. 1982 S.B. 513, A.L. 1983 S.B. 318 & 135, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 1998 S.B. 634, A.L. 2001 H.B. 144 & 46, A.L. 2006 S.B. 872, et al., A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371)

Effective 1-01-17

(1985) The arrested person does not have a choice of which statutory test to take. If a choice were allowed, the person could avoid taking the test by choosing one which was unavailable. Kiso v. King (A.), 691 S.W.2d 374.

(1987) Department of Health rules on approved methods and techniques for chemical analysis of blood alcohol relate to evidence, are procedural and may be applied retrospectively.State v. Kummer, 741 S.W.2d 285 (Mo.App.E.D.).

577.024 - Unlawful use of water skis and surfboards — penalty.

1.A person commits the offense of unlawful use of water skis and surfboards, if such person:

(1)Manipulates any water skis or surfboard in a reckless or negligent manner so as to endanger the life or property of any person; or

(2)Manipulates any water skis or surfboard while intoxicated or under the influence of any narcotic drug, barbiturate, or marijuana.

2.The offense of unlawful use of water skis and surfboards is a class B misdemeanor.

(L. 1959 S.B. 142 § 9, A.L. 1985 H.B. 280, et al., A.L. 2014 S.B. 491)

Transferred 2014; formerly 306.110; Effective 1-01-17

577.675 - Transportation of an illegal alien — penalty.

1.A person commits the offense of transportation of an illegal alien if he or she knowingly transports, moves, or attempts to transport or move any illegal alien who is not lawfully present in the United States, according to the terms of 8 U.S.C. Section 1101, et seq., for the purposes of trafficking in violation of sections 566.200 to 566.215, drug trafficking in violation of sections 579.065 and 579.068, prostitution in violation of chapter 567, or employment.

2.The offense of transportation of an illegal alien is a class D felony.

3.Nothing in this section shall be construed to deny any victim of an offense under sections 566.200 to 566.215 of rights afforded by the federal Trafficking Victims Protection Act of 2000, Public Law 106-386, as amended.

(L. 2008 H.B. 1549, et al. § 577.722, A.L. 2014 S.B. 491)

Effective 1-01-17

577.075 - Anhydrous ammonia, unlawful release — penalty.

1.A person commits the offense of unlawful release of anhydrous ammonia if he or she is not the owner or not in lawful control of an approved container of anhydrous ammonia and knowingly releases or allows the escape of anhydrous ammonia into the atmosphere.

2.The offense of unlawful release of anhydrous ammonia is a class B felony, unless such release causes serious physical injury or death to any person in which case it is a class A felony.

(L. 2003 H.B. 470 merged with S.B. 39, A.L. 2014 S.B. 491)

Effective 1-01-17

577.161 - Prohibiting the use of a life jacket — definitions — penalty.

1.A person commits the offense of prohibiting the use of a life jacket if he or she knowingly disallows the use of a life jacket in a swimming pool by any individual who, as evidenced by a statement signed by a licensed physician, suffers from a physical disability or condition which necessitates the use of such life jacket.

2.As used in this section the following terms mean:

(1)"Life jacket", a life jacket, life vest, or any other flotation device designed to be worn about the body to assist in maintaining buoyancy in water;

(2)"Person", any individual, group of individuals, association, trust, partnership, corporation, person doing business under an assumed name, county, municipality, the state of Missouri or any political subdivision or department thereof, or any other entity;

(3)"Swimming pool", any artificial basin of water which is modified, improved, constructed, or installed for the purpose of public swimming, and includes:pools for community use, pools at apartments, condominiums, and other groups or associations having five or more living units, clubs, churches, camps, schools, institutions, Y.M.C.A. and Y.W.C.A. parks, recreational areas, motels, hotels, and other commercial establishments.It does not include pools at private residences intended only for the use of the owner or guests.

3.The offense of prohibiting the use of a life jacket is a class C misdemeanor.

(L. 1987 S.B. 100 §§ 2, 3, A.L. 2014 S.B. 491)

Effective 1-01-17

577.665 - Minors, parental consent required, when — definitions — standard consent form — violations, penalty — contingent effective date.

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

(1)"Tanning device", any equipment that emits electromagnetic radiation with wavelengths in the air between two hundred and four hundred nanometers used for tanning of the skin, including but not limited to a sunlamp, tanning booth or tanning bed;

(2)"Tanning facility", any location, place, area, structure, or business which provides persons access to any tanning device for a fee, membership dues, or any other form of compensation.

2.Prior to any person less than seventeen years of age using a tanning device in a tanning facility, a parent or guardian of such person shall annually appear in person at the tanning facility and sign a written statement acknowledging that the parent or guardian has read and understands the warnings given by the tanning facility and consents to the person's use of a tanning device at the tanning facility.

3.The department of health and senior services shall, by rule, develop a standard consent form to be used by all tanning facilities operating in this state.Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2014, shall be invalid and void.

4.Any tanning facility that violates the provisions of this section shall be subject to a fine of one hundred dollars for a first violation, two hundred fifty dollars for a second violation, and five hundred dollars for each subsequent violation.Every use of a tanning device in a tanning facility in violation of this section is a separate offense.

*5.The duties and penalties provided under this section shall not take effect or be enforced until the rule containing the standard consent form has been adopted pursuant to subsection 3 of this section.

(L. 2014 H.B. 1411)

*Contingent effective date

*Revisor's Note:The rule containing the standard consent form, 19 CSR 20-12.010, became effective April 30, 2015.

577.718 - Removal of baggage or cargo without owner's permission — penalty.

A person commits the offense of removal of baggage or cargo without the owner's permission if he or she removes any baggage, cargo or other item transported upon a bus or stored in a terminal without the consent of the owner of such property or the company, or its duly authorized representative.The actual value of an item removed is not material to the offense.The offense of removal of baggage or cargo without the owner's permission is a class E felony.

(L. 1982 S.B. 519 § 7, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.330; Effective 1-01-17

577.041 - Refusal to submit to chemical test — admissibility — request to include reasons and effect of refusal.

1.If a person under arrest, or who has been detained pursuant to subdivision (2) of subsection 1 of section 577.020, or stopped pursuant to subdivision (3) or (4) of subsection 1 of section 577.020, refuses upon the request of the officer to submit to any test allowed pursuant to section 577.020, then evidence of the refusal shall be admissible in any proceeding related to the acts resulting in such detention, stop, or arrest.

2.The request of the officer to submit to any chemical test shall include the reasons of the officer for requesting the person to submit to a test and also shall inform the person that evidence of refusal to take the test may be used against such person.If such person was operating a vehicle prior to such detention, stop, or arrest, he or she shall further be informed that his or her license shall be immediately revoked upon refusal to take the test.

3.If a person when requested to submit to any test allowed pursuant to section 577.020 requests to speak to an attorney, the person shall be granted twenty minutes in which to attempt to contact an attorney.If, upon the completion of the twenty-minute period the person continues to refuse to submit to any test, it shall be deemed a refusal.

(L. 1982 S.B. 513, A.L. 1987 S.B. 230, A.L. 1991 S.B. 125 & 341, A.L. 1993 S.B. 167 merged with S.B. 180, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 1998 S.B. 634, A.L. 2001 H.B. 302 & 38, A.L. 2002 H.B. 2062, A.L. 2003 H.B. 600, A.L. 2005 H.B. 353 merged with H.B. 487, A.L. 2008 S.B. 930 & 947, A.L. 2010 H.B. 1695, et al., A.L. 2013 S.B. 23, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371)

Effective 1-01-17

(1988) Person may have limited right to consult with counsel prior to taking test, but there is no right to have an attorney present during test or to condition taking of test on presence of attorney. Kilpatrick v. Director of Revenue, 756 S.W.2d 214 (Mo.App.E.D.).

(1989) It is not a denial of equal protection when statute requires director of revenue to revoke driver's license for refusing to take chemical tests and then revoke driver's license for accumulation of points without a showing that all similarly situated drivers were not treated equally. (Mo.App.W.D.) Brown v. Director of Revenue, 772 S.W.2d 398)

(2010) Twenty-minute waiting period begins running immediately after the officer has informed the driver of the implied consent law, regardless of whether the driver requested an attorney before or after the information was provided.Norris v. Director of Revenue, 304 S.W.3d 724 (Mo.banc).

577.010 - Driving while intoxicated — sentencing restrictions.

1.A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.

2.The offense of driving while intoxicated is:

(1)A class B misdemeanor;

(2)A class A misdemeanor if:

(a)The defendant is a prior offender; or

(b)A person less than seventeen years of age is present in the vehicle;

(3)A class E felony if:

(a)The defendant is a persistent offender; or

(b)While driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to another person;

(4)A class D felony if:

(a)The defendant is an aggravated offender;

(b)While driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to a law enforcement officer or emergency personnel; or

(c)While driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to another person;

(5)A class C felony if:

(a)The defendant is a chronic offender;

(b)While driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to a law enforcement officer or emergency personnel; or

(c)While driving while intoxicated, the defendant acts with criminal negligence to cause the death of another person;

(6)A class B felony if:

(a)The defendant is a habitual offender;

(b)While driving while intoxicated, the defendant acts with criminal negligence to cause the death of a law enforcement officer or emergency personnel;

(c)While driving while intoxicated, the defendant acts with criminal negligence to cause the death of any person not a passenger in the vehicle operated by the defendant, including the death of an individual that results from the defendant's vehicle leaving a highway, as defined in section 301.010, or the highway's right-of-way;

(d)While driving while intoxicated, the defendant acts with criminal negligence to cause the death of two or more persons; or

(e)While driving while intoxicated, the defendant acts with criminal negligence to cause the death of any person while he or she has a blood alcohol content of at least eighteen-hundredths of one percent by weight of alcohol in such person's blood;

(7)A class A felony if the defendant has previously been found guilty of an offense under paragraphs (a) to (e) of subdivision (6) of this subsection and is found guilty of a subsequent violation of such paragraphs.

3.Notwithstanding the provisions of subsection 2 of this section, a person found guilty of the offense of driving while intoxicated as a first offense shall not be granted a suspended imposition of sentence:

(1)Unless such person shall be placed on probation for a minimum of two years; or

(2)In a circuit where a DWI court or docket created under section 478.007 or other court-ordered treatment program is available, and where the offense was committed with fifteen-hundredths of one percent or more by weight of alcohol in such person's blood, unless the individual participates and successfully completes a program under such DWI court or docket or other court-ordered treatment program.

4.If a person is found guilty of a second or subsequent offense of driving while intoxicated, the court may order the person to submit to a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day as a condition of probation.

5.If a person is not granted a suspended imposition of sentence for the reasons described in subsection 3 of this section:

(1)If the individual operated the vehicle with fifteen-hundredths to twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than forty-eight hours;

(2)If the individual operated the vehicle with greater than twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than five days.

6.A person found guilty of the offense of driving while intoxicated:

(1)As a prior offender, persistent offender, aggravated offender, chronic offender, or habitual offender shall not be granted a suspended imposition of sentence or be sentenced to pay a fine in lieu of a term of imprisonment, section 557.011 to the contrary notwithstanding;

(2)As a prior offender shall not be granted parole or probation until he or she has served a minimum of ten days imprisonment:

(a)Unless as a condition of such parole or probation such person performs at least thirty days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or

(b)The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available, and as part of either program, the offender performs at least thirty days of community service under the supervision of the court;

(3)As a persistent offender shall not be eligible for parole or probation until he or she has served a minimum of thirty days imprisonment:

(a)Unless as a condition of such parole or probation such person performs at least sixty days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or

(b)The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available, and as part of either program, the offender performs at least sixty days of community service under the supervision of the court;

(4)As an aggravated offender shall not be eligible for parole or probation until he or she has served a minimum of sixty days imprisonment;

(5)As a chronic or habitual offender shall not be eligible for parole or probation until he or she has served a minimum of two years imprisonment; and

(6)Any probation or parole granted under this subsection may include a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day.

(L. 1977 S.B. 60, A.L. 1982 S.B. 513, A.L. 2010 H.B. 1695, et al., A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371, A.L. 2015 S.B. 254, A.L. 2016 H.B. 2332, A.L. 2017 S.B. 34)

(1986) Probable cause that a person had been "driving" under these sections was found even though the machine stands motionless, where such person is found unconscious behind the wheel with the motor running and the transmission in "drive". Dalton v. McNeill, 713 S.W.2d 26 (Mo.App.W.D.).

(1996) It is not double jeopardy to be guilty of DWI in violation of this section and to suspend driving privileges pursuant to sections 302.500, et seq.State v. Mayo, 915 S.W.2d 758 (Mo.banc).

577.014 - Boating with excessive blood alcohol content — penalties — sentencing restrictions.

1.A person commits the offense of boating with excessive blood alcohol content if he or she operates a vessel while having eight-hundredths of one percent or more by weight of alcohol in his or her blood.

2.As used in this section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or two hundred ten liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva or urine.For the purposes of determining the alcoholic content of a person's blood under this section, the test shall be conducted in accordance with the provisions of sections 577.020 to 577.041.

3.The offense of boating with excessive blood alcohol content is:

(1)A class B misdemeanor;

(2)A class A misdemeanor if the defendant is alleged and proved to be a prior boating offender;

(3)A class E felony if the defendant is alleged and proved to be a persistent boating offender;

(4)A class D felony if the defendant is alleged and proved to be an aggravated boating offender;

(5)A class C felony if the defendant is alleged and proved to be a chronic boating offender;

(6)A class B felony if the defendant is alleged and proved to be a habitual boating offender.

4.A person found guilty of the offense of boating with excessive blood alcohol content as a first offense shall not be granted a suspended imposition of sentence:

(1)Unless such person shall be placed on probation for a minimum of two years; or

(2)In a circuit where a DWI court or docket created under section 478.007 or other court-ordered treatment program is available, and where the offense was committed with fifteen-hundredths of one percent or more by weight of alcohol in such person's blood unless the individual participates in and successfully completes a program under such DWI court or docket or other court-ordered treatment program.

5.When a person is not granted a suspended imposition of sentence for the reasons described in subsection 4 of this section:

(1)If the individual operated the vessel with fifteen-hundredths to twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than forty-eight hours;

(2)If the individual operated the vessel with greater than twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than five days.

6.If a person is found guilty of a second or subsequent offense of boating with an excessive blood alcohol content, the court may order the person to submit to a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day as a condition of probation.

7.A person found guilty of the offense of boating with excessive blood alcohol content:

(1)As a prior boating offender, persistent boating offender, aggravated boating offender, chronic boating offender or habitual boating offender shall not be granted a suspended imposition of sentence or be sentenced to pay a fine in lieu of a term of imprisonment, section 557.011 to the contrary notwithstanding;

(2)As a prior boating offender, shall not be granted parole or probation until he or she has served a minimum of ten days imprisonment:

(a)Unless as a condition of such parole or probation such person performs at least two hundred forty hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or

(b)The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available;

(3)As a persistent boating offender, shall not be granted parole or probation until he or she has served a minimum of thirty days imprisonment:

(a)Unless as a condition of such parole or probation such person performs at least four hundred eighty hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or

(b)The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available;

(4)As an aggravated boating offender, shall not be eligible for parole or probation until he or she has served a minimum of sixty days imprisonment;

(5)As a chronic or habitual boating offender, shall not be eligible for parole or probation until he or she has served a minimum of two years imprisonment; and

(6)Any probation or parole granted under this subsection may include a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day.

(L. 2014 S.B. 491, A.L. 2015 S.B. 254, A.L. 2016 H.B. 2332)

Effective 1-01-17

577.100 - Abandonment of airtight or semi-airtight containers — penalty.

1.A person commits the offense of abandonment of an airtight or semiairtight container if he or she knowingly abandons, discards, or permits to remain on premises under his or her control, in a place accessible to children, any abandoned or discarded icebox, refrigerator, or other airtight or semiairtight container which has a capacity of one and one-half cubic feet or more and an opening of fifty square inches or more and which has a door or lid equipped with hinge, latch or other fastening device capable of securing such door or lid, without rendering such equipment harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined therein.

2.Subsection 1 of this section does not apply to an icebox, refrigerator or other airtight or semiairtight container located in that part of a building occupied by a dealer, warehouse operator or repair person.

3.The defendant shall have the burden of injecting the issue under subsection 2 of this section.

4.The offense of abandonment of an airtight or semiairtight container is a class B misdemeanor.

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

Effective 1-01-17

577.300 - Leaving a child unattended in a motor vehicle — first and second degree — penalties.

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

(1)"Collision", the act of a motor vehicle coming into contact with an object or a person;

(2)"Injures", to cause physical harm to the body of a person;

(3)"Motor vehicle", any automobile, truck, truck-tractor, or any motor bus or motor-propelled vehicle not exclusively operated or driven on fixed rails or tracks;

(4)"Unattended", not accompanied by an individual fourteen years of age or older.

2.A person commits the offense of leaving a child unattended in a motor vehicle in the first degree if such person knowingly leaves a child less than eleven years of age unattended in a motor vehicle and such child fatally injures another person by causing a motor vehicle collision or by causing the motor vehicle to fatally injure a pedestrian.

3.Leaving a child unattended in a motor vehicle in the first degree is a class C felony.

4.A person commits the offense of leaving a child unattended in a motor vehicle in the second degree if such person knowingly leaves a child less than eleven years of age unattended in a motor vehicle and such child injures another person by causing a motor vehicle collision or by causing the motor vehicle to injure a pedestrian.

5.The offense of leaving a child unattended in a motor vehicle in the second degree is a class A misdemeanor.

(L. 2000 S.B. 757 & 602, A.L. 2014 S.B. 491)

Transferred 2014; formerly 568.052; Effective 1-01-17

577.600 - Renting, leasing, or lending a vehicle to a person required to comply with ignition interlock requirements — penalty.

1.A person commits the offense of renting, leasing, or lending a vehicle to a person required to comply with ignition interlock requirements if he or she knowingly rents, leases, or lends a vehicle to a person required to use an ignition interlock device on all vehicles operated by the person unless the vehicle being rented, leased, or loaned is equipped with a functioning, certified ignition interlock device.

2.The offense of renting, leasing, or lending a vehicle to a person required to comply with ignition interlock requirements is a class A misdemeanor.

(L. 1995 S.B. 102 § 1, A.L. 2001 H.B. 302 & 38, A.L. 2008 S.B. 930 & 947, A.L. 2014 S.B. 491)

Effective 1-01-17

577.700 - Definitions.

As used in sections 577.700 to 577.718 and section 307.176* unless the context clearly requires otherwise, the following terms shall mean:

(1)"Bus", any passenger bus or coach or other motor vehicle having a seating capacity of not less than fifteen passengers operated by a bus transportation company for the purpose of carrying passengers or cargo for hire, but not to include a bus or coach utilized exclusively to transport children to and from schools;

(2)"Bus transportation company" or "company", any person, groups of persons or corporation providing for-hire transport to passengers or cargo by bus upon the highways of this state, whether in interstate or intrastate travel, but not to include a company utilizing buses transporting children to and from school.This term shall also include bus transportation facilities owned or operated by local public bodies, municipalities, public corporations, boards and commissions except school districts established under the laws of this state;

(3)"Charter", a group of persons who, pursuant to a common purpose and under a single contract, and at a fixed charge for the vehicle in accordance with a bus transportation company's tariff, have acquired the exclusive use of a bus to travel together as a group to a specified destination;

(4)"Passenger", any person served by the transportation company and, in addition to the ordinary meaning of passenger, this term shall also include persons accompanying or meeting another who is transported by a company, any person shipping or receiving cargo;

(5)"Terminal", a bus station or depot or any facility operated or leased by or operated on behalf of a bus transportation company, including a reasonable area immediately adjacent to any designated stop along the route traveled by any coach operated by a bus transportation company, and parking lots or parking areas adjacent to a terminal.

(L. 1982 S.B. 519 § 1, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.300; Effective 1-01-17

*Section 307.176 was repealed by H.B. 1965, 2010.

577.155 - Construction or use of a waste disposal well — definitions — penalty.

1.A person, firm, corporation or political subdivision commits the offense of construction or use of a waste disposal well if such person, firm, corporation, or political subdivision knowingly constructs or uses a waste disposal well.

2.As used in this section, "waste disposal well" means any subsurface void porous formation or cavity, natural or artificial, used for the disposal of liquid or semi-aqueous waste except as excluded in subsection 3 of this section.

3."Waste disposal well" shall not include:

(1)Sanitary landfills or surface mining pits used for the disposal of nonputrescible solid wastes as defined in section 64.460;

(2)Cesspools used solely for disposal of waste from private residences; or

(3)Septic tanks used solely for disposal of waste.

4.It shall not be a violation of this section to:

(1)Inject or return fluids into subsurface formations in connection with oil or gas operations regulated by the state oil and gas council pursuant to chapter 259;

(2)Inject or return water into subsurface formations pursuant to chapter 644 and section 192.020 in connection with the following instances:

(a)Any groundwater heat pump injection/withdrawal well that is limited to a single family residence;

(b)Any groundwater heat pump injection/withdrawal well that is limited to eight or less single family residences as long as the combined injection/withdrawal rate is less than six hundred thousand British Thermal Units per hour;

(c)All other uses of groundwater heat pump injection/withdrawal wells shall be subject to a permitting procedure as established and regulated by the clean water commission; or

(3)Backfill cavities as an integral part of the mining operation with aggregate or other material obtained from that operation to either reduce accumulation of waste on the surface or to provide additional ground support in the mined-out areas or to inundate such cavities with water devoid of toxic liquid wastes, but the person, firm, or corporation who so backfills may not do so without the consent of the owner of the property to be backfilled.

5.The offense of construction or use of a waste disposal well is a class A misdemeanor.Each day of violation constitutes a separate offense.