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

559.120. Probation may be granted, when — community-based treatment program participation, when. — The circuit court may place a defendant on probation and require his or her participation in a program established pursuant to section 217.777 if, having regard to the nature and ci…

559.125. Record of applications for probation or parole to be kept — information to be privileged — exceptions. — 1. The clerk of the court shall keep in a permanent file all applications for probation or parole by the court, and shall keep in such manner as may be prescribed by …

559.201. Board of probation and parole created, 6th, 7th and 16th circuits — powers. — 1. In each judicial circuit in this state composed of a single county wherein there is located a city having not less than four hundred thousand inhabitants and not more than seven hundred thou…

559.211. Board of probation and parole — powers. — The board may make all needed rules and regulations concerning terms and conditions of probation and parole not inconsistent with the provisions of sections 559.012 to 559.036. No formal or technical form of application for proba…

559.221. Board of probation and parole — concurrent powers with trial courts. — The board of probation and parole shall have and exercise concurrent powers of probation and parole with the trial courts of the circuit and shall have the same power and authority as that conferred u…

559.231. Board of probation and parole — records. — It shall be the duty of said board to keep a record of persons paroled and, as far as possible, of their whereabouts, occupation and conduct, and a record of the final discharge of such persons upon parole, or the revocation of …

559.241. Board of probation and parole — personnel. — The board shall appoint a secretary, clerical personnel and probation and parole officers, who shall serve at the pleasure of the board. It shall be the duty of the secretary to keep a full and true record of the proceedings o…

559.301. Board of paroles created, certain circuits — powers. — There is hereby created, in each judicial circuit of this state composed of a single county of the second class, a board of paroles, to be known as such, and consisting of the circuit judges of the circuit court of t…

559.311. Board of paroles — rules and regulations — meetings — members. — The board shall have power to make all needed rules and regulations concerning terms and conditions of parole and applications for parole as herein provided, but no formal or technical form of application t…

559.321. Board of paroles — powers. — The board of paroles shall have and exercise the same powers of probation and parole and be subject to the same regulations that trial courts are endowed with and provided for by sections 559.012 to 559.036. ­­-------- (L. 1990 H.B. 974 § 559…

559.331. Board of paroles — duties — records. — It shall be the duty of the board to keep a record of persons paroled and as far as possible of their whereabouts, occupation and conduct, and a record of the final discharge of such person upon parole, or the revocation of any paro…

559.600. Misdemeanor probation may be provided by contract with private entities, not to exclude board of probation and parole — drug testing — travel limits. — 1. In cases where the division of probation and parole is not required under section 217.750 to provide probation super…

559.602. Private entities to make application to circuit court to provide misdemeanor probation — contract content — procedure — withdrawal of board, when. — A private entity seeking to provide probation supervision and rehabilitation services to misdemeanor offenders shall make …

559.604. Cost of misdemeanor probation to be paid by offenders, exceptions. — Neither the state of Missouri nor any county of the state shall be required to pay any part of the cost of probation and rehabilitation services provided to misdemeanor offenders under sections 559.600 …

559.607. Municipal ordinance violations, probation may be contracted for by municipal courts, procedure — cost to be paid by offenders, exceptions. — 1. Judges of the municipal division in any circuit, acting through a chief or presiding judge, either may contract with a private …

559.609. Qualifications and factors considered by judges in approving private entities to serve as probation offices. — The associate circuit or municipal judges approving the private entity to function as a probation office shall base their decision on factors such as length of …

559.612. Bids to be made by private entities — minimum duration for contracts — termination for cause prior to expiration permitted. — Judges shall solicit applications and proposals in accordance with provisions of chapter 34 on bids and requests for proposals. The minimum lengt…

559.615. Nepotism or financial interest by judges or certain other elected county officials, in private entities, prohibited. — No judge, nor any person related within the third degree of consanguinity or affinity to a judge or any other county elected official with direct court …

559.630. Definitions. — As used in sections 559.630 to 559.635, the following words and phrases mean: (1) "Required educational assessment and community treatment program", a program certified by the department of mental health to provide education or rehabilitation services purs…

559.633. Court to order participation in program, when — fees determined by department of corrections — supplemental fee to be deposited in correctional substance abuse earnings fund. — 1. Upon a finding of guilt for a felony offense pursuant to chapter 195 or 579, except for tho…

559.635. Correctional substance abuse earnings fund, use, rules. — 1. There is hereby created in the state treasury a fund to be known as the "Correctional Substance Abuse Earnings Fund". The state treasurer shall credit to the fund any interest earned from investing the moneys i…

561.016. Basis of disqualification or disability. — 1. No person shall suffer any legal disqualification or disability because of a finding of guilt or conviction of an offense or the sentence on his conviction, unless the disqualification or disability involves the deprivation o…

561.021. Forfeiture of public office — disqualification. — 1. A person holding any public office, elective or appointive, under the government of this state or any agency or political subdivision thereof, who is convicted of an offense shall, upon sentencing, forfeit such office …

561.026. Disqualification from voting and jury service. — Notwithstanding any other provision of law except for section 610.140, a person who is convicted: (1) Of any offense shall be disqualified from registering and voting in any election under the laws of this state while conf…

561.031. Physical appearance in court of a prisoner may be made by using two-way audio-visual communication including closed circuit television, when — requirements. — 1. In the following proceedings, the provisions of section 544.250, 544.270, 544.275, 546.030, or of any other s…

562.011. Voluntary act. — 1. A person is not guilty of an offense unless his or her liability is based on conduct which includes a voluntary act. 2. A "voluntary act" is: (1) A bodily movement performed while conscious as a result of effort or determination; or (2) An omission to…

562.012. Attempt — guilt for an offense may be based on. — 1. Guilt for an offense may be based upon an attempt to commit an offense if, with the purpose of committing the offense, a person performs any act which is a substantial step towards the commission of the offense. A "sub…

562.014. Conspiracy, offense of — penalty. — 1. A person commits the offense of conspiracy to commit, in any manner or for any purpose, an offense if the person agrees, with one or more persons, to commit any class A, B, or C felony offense, or any unclassified felony offenses if…

562.016. Culpable mental state. — 1. Except as provided in section 562.026, a person is not guilty of an offense unless he or she acts with a culpable mental state, that is, unless he or she acts purposely or knowingly or recklessly or with criminal negligence, as the statute def…

562.021. Culpable mental state, application. — 1. If the definition of any offense prescribes a culpable mental state but does not specify the conduct, attendant circumstances or result to which it applies, the prescribed culpable mental state applies to each such material elemen…

562.026. Culpable mental state, when not required. — A culpable mental state is not required: (1) If the offense is an infraction and no culpable mental state is prescribed by the statute defining the offense; or (2) If the offense is a felony or misdemeanor and no culpable menta…

562.031. Ignorance and mistake. — 1. A person is not relieved of criminal liability for conduct because he or she engages in such conduct under a mistaken belief of fact or law unless such mistake negatives the existence of the mental state required by the offense. 2. A person is…

562.036. Accountability for conduct. — A person with the required culpable mental state is guilty of an offense if it is committed by his or her own conduct or by the conduct of another person for which he or she is criminally responsible, or both. ­­-------- (L. 1977 S.B. 60, A.…

562.041. Responsibility for the conduct of another. — 1. A person is criminally responsible for the conduct of another when: (1) The statute defining the offense makes him or her so responsible; or (2) Either before or during the commission of an offense with the purpose of promo…

562.046. Defense precluded. — It is no defense to any prosecution for an offense in which the criminal responsibility of the defendant is based upon the conduct of another that (1) Such other person has been acquitted or has not been convicted or has been convicted of some other …

562.051. Conviction of different degrees of offenses. — Except as otherwise provided, when two or more persons are criminally responsible for an offense which is divided into degrees, each person is guilty of such degree as is compatible with his or her own culpable mental state …

562.056. Liability of corporations and unincorporated associations. — 1. A corporation is guilty of an offense if: (1) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or (2) The c…

562.061. Liability of individual for conduct of corporation or unincorporated association. — A person is criminally liable for conduct constituting an offense which he or she performs or causes to be performed in the name of or in behalf of a corporation or unincorporated associa…

562.066. Entrapment. — 1. The commission of acts which would otherwise constitute an offense is not criminal if the actor engaged in the prescribed conduct because he or she was entrapped by a law enforcement officer or a person acting in cooperation with such an officer. 2. An "…

562.071. Duress. — 1. It is an affirmative defense that the defendant engaged in the conduct charged to constitute an offense because he or she was coerced to do so, by the use of, or threatened imminent use of, unlawful physical force upon him or her or a third person, which for…

562.076. Intoxicated or drugged condition. — 1. A person who is in an intoxicated or drugged condition, whether from alcohol, drugs or other substance, is criminally responsible for conduct unless such condition is involuntarily produced and deprived him or her of the capacity to…

562.086. Lack of responsibility because of mental disease or defect. — 1. A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he was incapable of knowing and appreciating the nature, quality or wrongfulness of hi…

563.011. Chapter definitions. — As used in this chapter the following terms shall mean: (1) "Armed nuclear security guard", a security guard who works at a nuclear power plant, who is employed as part of the security plan approved by the United States Nuclear Regulatory Commissio…

563.016. Civil remedies unaffected. — The fact that conduct is justified under this chapter does not abolish or impair any remedy for such conduct which is available in any civil actions. ­­-------- (L. 1977 S.B. 60) Effective 1-01-79

563.021. Execution of public duty. — 1. Unless inconsistent with the provisions of this chapter defining the justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when such condu…

563.026. Justification generally. — 1. Unless inconsistent with other provisions of this chapter defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute any offense other than a class A felony or murder is justifia…

*563.031. Use of force in defense of persons. — 1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a thi…

563.033. Battered spouse syndrome evidence that defendant acted in self-defense or defense of another — procedure. — 1. Evidence that the actor was suffering from the battered spouse syndrome shall be admissible upon the issue of whether the actor lawfully acted in self-defense o…

563.041. Use of physical force in defense of property. — 1. A person may, subject to the limitations of subsection 2, use physical force upon another person when and to the extent that he or she reasonably believes it necessary to prevent what he or she reasonably believes to be …

563.046. Law enforcement officer's use of force in making an arrest. — 1. A law enforcement officer need not retreat or desist from efforts to effect the arrest, or from efforts to prevent the escape from custody, of a person he or she reasonably believes to have committed an off…