Title XXXVIII, CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

563.074. Justification as an absolute defense, when. — 1. Notwithstanding the provisions of section 563.016, a person who uses force as described in sections 563.031, 563.041, 563.046, 563.051, 563.056, and 563.061 is justified in using such force and such fact shall be an absolu…

565.001. Procedure for chapter 565. — 1. The provisions of this chapter shall govern the construction and procedures for charging, trial, punishment and appellate review of any offense defined in this chapter and committed after July 1, 1984. 2. The provisions of this chapter sha…

*565.002. Definitions. — As used in this chapter, unless a different meaning is otherwise plainly required the following terms mean: (1) "Adequate cause", cause that would reasonably produce a degree of passion in a person of ordinary temperament sufficient to substantially impai…

565.003. Culpable mental state may exist though different person killed — transfer of intent, when — time between act and death no defense. — 1. (1) The culpable mental state necessary for a homicide offense may be found to exist if the only difference between what actually occur…

565.004. Joinder of offenses, exception — prior offenders, procedure, exception, first degree murder — joinder, first degree murder, waiver of death penalty. — 1. Each homicide offense which is lawfully joined in the same indictment or information together with any homicide offen…

565.005. Prior to trial for first degree murder, opposing counsels to furnish requested information, rules applied. — 1. At a reasonable time before the commencement of the first stage of any trial of murder in the first degree at which the death penalty is not waived, the state …

565.006. Waiver of jury trial permitted, when. — 1. At any time before the commencement of the trial of a homicide offense, the defendant may, with the assent of the court, waive a trial by jury and agree to submit all issues in the case to the court, whose finding shall have the…

565.010. Consent as a defense. — 1. When conduct is charged to constitute an offense because it causes or threatens physical injury, consent to that conduct or to the infliction of the injury is a defense only if: (1) The physical injury consented to or threatened by the conduct …

565.019. Delayed effective date for certain sections in H.B. 2637 & 3155 and S.B. 999, 2026. — The repeal and reenactment of sections 565.002, 565.050, 565.052, 565.054, 565.056, 565.072, 565.073, 565.074, 565.076, 565.090, 565.091, 565.225, and 565.227 and the enactment of secti…

565.020. First degree murder, penalty — person under eighteen years of age, penalty. — 1. A person commits the offense of murder in the first degree if he or she knowingly causes the death of another person after deliberation upon the matter. 2. The offense of murder in the first…

565.021. Second degree murder, penalty. — 1. A person commits the offense of murder in the second degree if he or she: (1) Knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; o…

565.023. Voluntary manslaughter, penalty — under influence of sudden passion, defendant's burden to inject. — 1. A person commits the offense of voluntary manslaughter if he or she: (1) Causes the death of another person under circumstances that would constitute murder in the sec…

565.024. Involuntary manslaughter, first degree, penalty. — 1. A person commits the offense of involuntary manslaughter in the first degree if he or she recklessly causes the death of another person. 2. The offense of involuntary manslaughter in the first degree is a class C felo…

565.027. Involuntary manslaughter, second degree, penalty. — 1. A person commits the offense of involuntary manslaughter in the second degree if he or she acts with criminal negligence to cause the death of any person. 2. The offense of involuntary manslaughter in the second degr…

565.029. Lesser degree offenses in homicide cases — instruction on lesser offenses, when. — 1. With the exceptions provided in subsection 3 of this section and subsection 3 of section 565.021, section 556.046 shall be used for the purpose of consideration of lesser offenses by th…

565.030. Trial procedure, first degree murder. — 1. Where murder in the first degree is charged but not submitted or where the state waives the death penalty, the submission to the trier and all subsequent proceedings in the case shall proceed as in all other criminal cases. 2. W…

565.032. Evidence to be considered in assessing punishment in first degree murder cases for which death penalty authorized. — 1. In all cases of murder in the first degree for which the death penalty is authorized, the judge in a jury-waived trial shall consider, or shall include…

565.033. Person under eighteen, sentencing — factors to be considered, jury instructions. — 1. A person found guilty of murder in the first degree who was under the age of eighteen at the time of the commission of the offense shall be sentenced to a term of life without eligibili…

565.034. Person under eighteen, written notice filed to seek life without parole, procedure — withdrawal — trial procedure — required findings. — 1. If the state intends to seek a sentence of life without eligibility for probation or parole for a person charged with murder in the…

565.035. Supreme court to review all death sentences, procedure — powers of court — assistant to court authorized, duties. — 1. Whenever the death penalty is imposed in any case, and upon the judgment becoming final in the trial court, the sentence shall be reviewed on the record…

565.040. Death penalty, if held unconstitutional, resentencing procedure. — 1. In the event that the death penalty provided in this chapter is held to be unconstitutional, any person convicted of murder in the first degree shall be sentenced by the court to life imprisonment with…

*565.050. Assault, first degree, penalty. — 1. A person commits the offense of assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to another person. 2. The offense of assault in the first degree is a class B …

*565.052. Assault, second degree, penalty. — 1. A person commits the offense of assault in the second degree if he or she: (1) Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of …

*565.054. Assault in the third degree. — 1. A person commits the offense of assault in the third degree if he or she knowingly causes physical injury to another person. 2. The offense of assault in the third degree is a class E felony, unless the victim of such assault is a speci…

*565.056. Assault in the fourth degree. — 1. A person commits the offense of assault in the fourth degree if: (1) The person attempts to cause or recklessly causes physical injury, physical pain, or illness to another person; (2) With criminal negligence the person causes physica…

565.058. Special victims — confidentiality of address or place of residence — use of initials in petition. — 1. Any special victim as defined under section 565.002 shall not be required to reveal any current address or place of residence except to the court in camera for the purp…

*565.072. Domestic assault, first degree — penalty. — 1. A person commits the offense of domestic assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to a domestic victim, as the term "domestic victim" is defi…

*565.073. Domestic assault, second degree — penalty. — 1. A person commits the offense of domestic assault in the second degree if the act involves a domestic victim, as the term "domestic victim" is defined under section 565.002, and he or she: (1) Knowingly causes physical inju…

*565.074. Domestic assault, third degree — penalty. — 1. A person commits the offense of domestic assault in the third degree if he or she attempts to cause physical injury or knowingly causes physical pain or illness to a domestic victim, as the term "domestic victim" is defined…

*565.076. Domestic assault in the fourth degree, penalty. — 1. A person commits the offense of domestic assault in the fourth degree if the act involves a domestic victim, as the term "domestic victim" is defined under section 565.002, and: (1) The person attempts to cause or rec…

565.079. Prior and persistent assault offenders — definitions — sentencing — procedure at trial — evidence of prior convictions, proof, how heard — sentencing. — 1. As used in this section, the following terms mean: (1) "Assault offense", the offenses of murder in the first degre…

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

*565.091. Harassment, second degree, penalty. — 1. A person commits the offense of harassment in the second degree if he or she, without good cause, engages in any act with the purpose to cause emotional distress to another person. 2. The offense of harassment in the second degre…

565.097. Masked intimidation, offense of — penalties — definitions. — 1. A person commits the offense of masked intimidation if the person intentionally harasses, intimidates, or threatens any other person while hiding or concealing their face with a mask, hood, or any other arti…

565.110. Kidnapping, first degree, penalty. — 1. A person commits the offense of kidnapping in the first degree if he or she unlawfully removes another person without his or her consent from the place where he or she is found or unlawfully confines another person without his or h…

565.115. Child kidnapping — penalty. — 1. A person commits the offense of child kidnapping if he or she is not a relative of the child within the third degree and, knowing he or she has no right to do so, removes a child under the age of fourteen without consent of the child's pa…

565.120. Kidnapping, second degree, penalty. — 1. A person commits the offense of kidnapping in the second degree if he or she knowingly restrains another unlawfully and without consent so as to interfere substantially with his or her liberty and exposes him or her to a substanti…

565.130. Kidnapping, third degree, penalty. — 1. A person commits the offense of kidnapping in the third degree if he or she knowingly restrains another unlawfully and without consent so as to interfere substantially with his or her liberty. 2. The offense of kidnapping in the th…

565.140. Defenses to kidnapping in the third degree. — 1. A person does not commit the offense of kidnapping in the third degree under section 565.130 if the person restrained is a child less than seventeen years of age and: (1) A parent, guardian or other person responsible for …

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

565.153. Parental kidnapping — penalty. — 1. In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the offense of parental kidnapping if he or she removes, takes, detains, conceals, or entic…

565.156. Child abduction — penalty. — 1. A person commits the offense of child abduction if he or she: (1) Intentionally takes, detains, entices, conceals or removes a child from a parent after being served with process in an action affecting marriage or paternity but prior to th…

565.160. Defenses to interference with custody, parental kidnapping, and child abduction. — It shall be an absolute defense to the offenses of interference with custody, parental kidnapping, and child abduction that: (1) The person had custody of the child pursuant to a valid cou…

565.163. Venue. — Persons accused of committing the offense of interference with custody, parental kidnapping or child abduction may be prosecuted by the prosecuting attorney or circuit attorney: (1) In the county in which the child was taken or enticed away from legal custody; (…

565.167. Custody of child — peace officer to take child into protective custody, when. — 1. A peace officer investigating a report of a violation of section 565.150, or section 565.153 or 565.156, may take the child into temporary protective custody if it reasonably appears to th…

565.184. Abuse of an elderly person, a person with disability, or a vulnerable person — penalty. — 1. A person commits the offense of abuse of an elderly person, a person with a disability, or a vulnerable person if he or she: (1) Purposely engages in conduct involving more than …