Missouri Criminal Codes

Missouri Criminal Codes 01/2012

Objectives 

Identify a Felony, Misdemeanor, or Infraction

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Know the penalties for such crimes

Felony 

RSMO 556.016 Classes of Crimes

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A crime is a felony if it so designated or if a persons convicted thereof may be sentenced to death or imprisonment for a term, which is in excess of one year.

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Ex{ Murder Assault Burglary Fraud }

Misdemeanor 

RSMO 556.016 Classes of Crimes

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A crime is a misdemeanor if it is so designated or if a persons convicted thereof may be sentenced to imprisonment for a term, which the maximum is one year or less

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Ex{ Assault Stealing Harassment DWI DWR }

Infraction 

RSMO 556.021 Infractions

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An offense is an infraction if it is so designated or if no other sentence than a fine, or a fine and forfeiture or other civil penalty is authorized.

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Ex{ Traffic }

Time Limitations RSMO 556.036 

Felony – 3 years

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Misdemeanor – 1 year

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Infraction – 6 months

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Murder, Forcible Rape, Attempted Forcible Rape, Forcible Sodomy, Attempted Forcible Sodomy, or any Class A Felony may be commenced at any time.

Penalty Ranges 

Felony Class A: 10-30 years or Life in MODOC

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Felony Class B: 5-15 years in MODOC

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Felony Class C: 1 day to 1 yr in County Jail, or up to 7 years in MODOC, and/or a fine $1-$5000

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Felony Class D: 1 day to 1 yr in County Jail, or up to 4 years in MODOC, and/or a fine $1-$5000

Penalty Ranges 

Misdemeanor Class A: 1 day up to 1 year in County Jail, and/or a fine $1-$1000

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Misdemeanor Class B: 1 day up to 6 months in County Jail, and/or a fine $1-$500

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Misdemeanor Class C: 1-15 days in County Jail, and/or a fine $1-$300

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Infractions: $1-$200 Fine

1st Degree Assault 

RSMO 565.050 Class B Felony unless physical injury has been inflicted, then Class A Felony

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1) attempts to kill another person, OR cause serious physical injury to another person; OR

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2) knowingly causes serious physical injury to another person

nd 2

Degree Assault

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RSMO 565.060 Class C Felony

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1) commits what would otherwise be 1st degree assault but the suspect was; acting under the influence of sudden passion arising out of adequate cause; OR

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2) knowingly causes or attempts to cause physical injury by means of a deadly weapon or dangerous instrument; Or

nd 2

Degree Assault

(cont.)  3) the suspect recklessly causes serious physical injury to another person; OR 

4) while in an intoxicated condition or under the influence of controlled substances or drugs; operates a motor vehicle in this state; AND when so operating, acts with criminal negligence to cause physical injury to any person other than himself/herself;

nd 2

Degree Assault

(cont.)  5) the person recklessly causes physical injury to another person by means of discharging of a firearm

rd 3

Degree Assault

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RSMO 565.070 Class A Misdemeanor

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1) attempts to cause physical injury, causes physical injury recklessly; OR with criminal negligence using a deadly weapon; OR (s)he recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person.

rd 3

Degree Assault

(cont.)  2) purposely places another in apprehension of immediate physical injury; OR knowingly causes physical contact knowing that the other person will regard it as offensive or provocative.

Harassment 

RSMO 565.090 Class A Misdemeanor

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For the purpose of frightening or disturbing another person, (s)he does any of the following:

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A. calls the victim on the phone or sends him a written message in which (s)he threatens to commit a felony; OR

Harassment 

B. Calls the victim on the phone or sends him/her a written message in which (s)he uses coarse language that would be offensive to the average person; OR

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C. Makes an anonymous phone call to the victim

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D. Makes repeated phone calls

Peace Disturbance 

RSMO 574.010 Class A or B Misdemeanor

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Unreasonably and knowingly disturbs or alarms another person or persons by: loud noise; OR offensive [and indecent] language addresses in a face-to-face manner to a specific individual and uttered under circumstances which [is] are likely to produce an immediate violent response from a reasonable recipient; OR

Peace Disturbance (cont.)  Fighting; OR creating an noxious and offensive odor; OR is in a public place or on private property of another without consent; AND purposely and physically obstructing vehicular or pedestrian traffic; OR free ingress or egress to or from a public or private place

Kidnapping 

RSMO 565.110 Class A or Class B Felony

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1) unlawfully removes another from where he/she is found; OR unlawfully confines another for a substantial period of time,

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2) without the victim’s consent,

Kidnapping 

3) with the purpose of holding that person for a ransom or reward, or any other act to be performed or not performed for the return or release of that person (class A felony); OR using the person as a shield or hostage (class A felony); OR interfering with a governmental or political function (class A felony); OR facilitating the commission of a felony or any flight thereafter (class B felony); OR inflicting physical injury on or terrorizing the victim or another (class B felony)

Child Kidnapping 

RSMO 565.115 Class A Felony

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1) unlawfully removes a child under the age of fourteen without the consent of such child’s parent or guardian from the place where such child is found; OR

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2) unlawfully confines a child under the age of fourteen without the consent of such child’s parent or guardian.

Stealing 

RSMO 570.030 Penalties Vary

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Appropriates property or service of another with the purpose to deprive him-her thereof accomplished without the other’s consent; OR by means of deceit; OR by means of coercion

nd 2

Degree Robbery

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RSMO 569.030 Class B Felony

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Uses or threatens the immediate use of physical force upon another person for the purpose of preventing or overcoming the victim’s resistance to the taking of his/her property; OR preventing the victim from recapturing his/her property immediately after it was taken from him/her

st 1

Degree Robbery

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RSMO 569.020 Class A Felony

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Forcibly steals property; AND the person who forcibly steals or an accomplice causes serious physical injury to any person; OR is armed with a deadly weapon; OR uses or threatens the immediate use of a dangerous instrument against any person; OR displays or threatens the use of what appears to be a deadly weapon or dangerous instrument

nd 2

Degree Tampering

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RSMO 569.090 Penalties Vary

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Unlawfully rides in or upon another’s automobile, motorcycle, or other motorpropelled vehicle

st 1

Degree Tampering

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RSMO 569.080 Class C Felony

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(s)he knowingly receives, possesses, sells, alters, defaces, or unlawfully operates an automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle without the consent of the owner

Property Damage

nd 2

Degree

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RSMO 569.120 Class B Misdemeanor

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Knowingly damages property of another; OR damages property with the purpose to defraud an insurer

Property Damage

st 1

Degree

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RSMO 569.100 Class D Felony

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Knowingly damages property of another; AND the damage exceeds $750; OR damages property with the purpose to defraud an insurer; AND the demand exceeds $1000.

Trespassing

nd 2

Degree

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RSMO 569.150 Infraction

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Enters unlawfully upon real property of another

Trespassing

st 1

Degree

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RSMO 569.140 Class B Misdemeanor

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Knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure; OR upon real property if the property is fenced or otherwise encloses in a manner designed to exclude intruders; OR notice against trespass is given by actual communication to the suspect; OR by posting in a manner likely to come to the attention of intruders

Burglary

nd 2

Degree

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RSMO 569.170 Class C Felony

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Knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein

Burglary

st 1

Degree

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RSMO 569.170 Class B Felony

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Knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein; AND while inside or entering the structure or while fleeing from it, (s)he or another participant in the burglary; is armed with explosives or a deadly weapon; OR injures or threatens injury to any person who is not a participant in the burglary; OR someone who is not a participant in the burglary is present in the structure

Possession of Controlled Substance 

RSMO 195.202 Penalties vary

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1) knew of the presence of the substance; AND 2) knew of the illegal nature of the substance; AND 3) had actual or constructive possession of the substance; AND 4) the substance was a controlled substance.

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Drug Sale Law 

Distribution, Delivery, Manufacture, Production, or Possession with Intent to Distribute, Deliver, Manufacture, or Produce a Controlled Substance

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RSMO 195.211 Penalties Vary

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Class A Felony within 2000 feet of a school

Drug Paraphernalia 

Use or Possession of Drug Paraphernalia

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RSMO 195.233 Class A Misdemeanor or Class D Felony

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Uses, or possess with intent to use paraphernalia; to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, inhale, or otherwise introduce into the human body a controlled substance or imitation controlled substance.

Information to Police Crime or Suspicious Activity Where When Number of People Weapons Suspect Description Vehicle Description Direction of Travel