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

556.001. Effective date, criminal code revision. — The enactment of sections 27.105, 43.544, *192.2400, 192.2405, 192.2410, 192.2415, 192.2420, 192.2425, 192.2430, 192.2435, 192.2440, 192.2445, 192.2450, 192.2455, 192.2460, 192.2465, 192.2470, 192.2475, 192.2480, 192.2485, 192.24…

556.011. Short title. — Chapters 556 to 580* shall be known and may be cited as "The Revised Criminal Code". ­­-------- (L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17 *Chapter 580 does not exist.

556.021. Infractions — procedure — default judgment, when. — 1. An infraction does not constitute a criminal offense and conviction of an infraction shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. 2. Except as otherwise provi…

556.026. Offenses and infractions to be defined by statute. — No conduct constitutes an offense or infraction unless made so by this code or by other applicable statute. ­­-------- (L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17

556.031. Application to offenses committed before and after enactment. — 1. The provisions of this code shall govern the construction and punishment for any offense defined in this code and committed after January 1, 1979, as well as the construction and application of any defens…

556.036. Time limitations. — 1. A prosecution for murder, rape in the first degree, forcible rape, attempted rape in the first degree, attempted forcible rape, sodomy in the first degree, forcible sodomy, attempted sodomy in the first degree, attempted forcible sodomy, or any cla…

556.037. Time limitations for prosecutions for sexual offenses involving a person under eighteen. — 1. Notwithstanding the provisions of section 556.036, prosecutions for unlawful sexual offenses involving a person eighteen years of age or under may be commenced at any time. 2. F…

556.038. Time limitation to prosecute. — Notwithstanding the provisions of section 556.036, either misdemeanor or felony prosecutions under sections 565.252 to 565.257 shall be commenced within the following periods of limitation: (1) Three years from the date the viewing, photog…

556.041. Limitation on conviction for multiple offenses. — When the same conduct of a person may establish the commission of more than one offense he or she may be prosecuted for each such offense. Such person may not, however, be convicted of more than one offense if: (1) One of…

556.046. Conviction of included offenses — jury instructions. — 1. A person may be convicted of an offense included in an offense charged in the indictment or information. An offense is so included when: (1) It is established by proof of the same or less than all the facts requir…

556.061. Code definitions. — In this code, unless the context requires a different definition, the following terms shall mean: (1) "Access", to instruct, communicate with, store data in, retrieve or extract data from, or otherwise make any use of any resources of, a computer, com…

556.101. Lack of consent in kidnapping and crimes involving restraint. — 1. It is an element of the offenses described in sections 565.110 to 565.130 that the confinement, movement or restraint be committed without the consent of the victim. 2. Lack of consent results from: (1) F…

557.011. Authorized dispositions. — 1. Every person found guilty of an offense shall be dealt with by the court in accordance with the provisions of this chapter, except that for offenses defined outside this code and not repealed, the term of imprisonment or the fine that may be…

557.014. Prosecution diversion program — definitions — authority of prosecuting attorney — requirements and provisions applicable to prosecution diversion — completion and disposition of charges. — 1. As used in this section, the following terms shall mean: (1) "Accusatory instru…

557.016. Classification of offenses. — 1. Felonies are classified for the purpose of sentencing into the following five categories: (1) Class A felonies; (2) Class B felonies; (3) Class C felonies; (4) Class D felonies; and (5) Class E felonies. 2. Misdemeanors are classified for…

557.021. Classification of offenses outside this code. — 1. Any offense defined outside this code that is declared to be a misdemeanor without specification of the penalty therefor is a class A misdemeanor. 2. Any offense defined outside this code that is declared to be a felony …

557.026. Presentence investigation and sentencing assessment report — inquiry of victim, when. — 1. When a probation officer is available to any court, such probation officer shall, unless waived by the defendant, conduct a presentence investigation in all felony cases and make a…

557.031. Presentence commitment for study. — 1. In felony cases where the circumstances surrounding the commission of the offense or other circumstances brought to the attention of the court indicate a strong likelihood that the defendant is suffering from a mental disease or dis…

557.035. Hate offenses — provides enhanced penalties for motivational factors in certain offenses. — 1. For all violations of section 565.054 or 565.090, subdivision (1) of subsection 1 of section 569.100, or subdivision (1), (2), (3), (4), (6), (7) or (8) of subsection 1 of sect…

557.036. Role of court and jury in sentencing — two stages of trial — punishment assessed by jury, when. — 1. Upon a finding of guilt, the court shall decide the extent or duration of sentence or other disposition to be imposed under all the circumstances, having regard to the na…

557.045. Ineligibility for probation, SIS, SES, or conditional release, certain offenses. — No person found guilty of, or pleading guilty to, the following offenses shall be eligible for probation, suspended imposition or execution of sentence, or conditional release, and shall b…

557.051. Program for perpetrators of sexual offenses, participation required, when — restrictions for persons providing assessments and reports, penalty for violation, exception. — 1. A person who has been found guilty of an offense under chapter 566, or any sex offense involving…

558.002. Fines for felonies. — 1. Except as otherwise provided for an offense outside this code, a person who has been convicted of an offense may be sentenced to pay a fine which does not exceed: (1) For a class C, D, or E felony, ten thousand dollars; (2) For a class A misdemea…

558.003. Fine for juvenile justice preservation fund, when, amount. — The prosecuting attorney shall have discretion to charge an offender convicted of an offense in which the victim was a child a fine of up to five hundred dollars for each offense. Such fine shall be deposited i…

558.004. Imposition of fines. — 1. In determining the amount and the method of payment of a fine, the court shall, insofar as practicable, proportion the fine to the burden that payment will impose in view of the financial resources of an individual. The court shall not sentence …

558.006. Nonpayment of fine, means to collect. — When an offender sentenced to pay a fine defaults in the payment of the fine or in any installment, the fine or installment shall be collected by any means authorized for the collection of money judgments, other than a lien against…

558.008. Revocation of a fine. — A defendant who has been sentenced to pay a fine may at any time petition the sentencing court for a revocation of a fine or any unpaid portion thereof. If it appears to the satisfaction of the court that the circumstances which warranted the impo…

558.011. Sentence of imprisonment, terms — conditional release. — 1. The authorized terms of imprisonment, including both prison and conditional release terms, for all offenses are as follows: (1) For a class A felony, a term of years not less than ten years and not to exceed thi…

558.016. Extended terms for prior criminal conduct — definitions — sentencing. — 1. The court may sentence a person who has been found guilty of an offense to a term of imprisonment as authorized by section 558.011 or to a term of imprisonment authorized by a statute governing th…

558.019. Sentencing commission created, members, duties — expenses — cooperation with commission — restorative justice methods — restitution fund. — 1. (1) A sentencing advisory commission is hereby created to consist of eleven members. One member shall be appointed by the speake…

558.021. Extended term procedures. — 1. The court shall find the defendant to be a prior offender, persistent offender, dangerous offender, persistent sexual offender or predatory sexual offender if: (1) The indictment or information, original or amended, or the information in li…

558.026. Concurrent and consecutive terms of imprisonment. — 1. Multiple sentences of imprisonment shall run concurrently unless the court specifies that they shall run consecutively; except in the case of multiple sentences of imprisonment imposed for any offense committed durin…

558.031. Calculation of terms of imprisonment — jail time credit calculation, requirements. — 1. A sentence of imprisonment shall commence when a person convicted of an offense in this state is received into the custody of the department of corrections or other place of confineme…

558.041. "Good time" credit, exceptions — rules, procedure. — 1. Any offender committed to the department of corrections, except those persons committed pursuant to subsection 7 of section 558.016, or subsection 3 of section 566.125, may receive additional credit in terms of days…

558.046. Reduction of term of sentence, conditions. — The sentencing court may, upon petition, reduce any term of sentence or probation pronounced by the court or a term of conditional release or parole pronounced by the parole board if the court determines that: (1) The convicte…

558.047. Persons under eighteen, review of sentence, when, procedure. — 1. (1) Any person sentenced to a term of imprisonment for life without eligibility for parole before August 28, 2016, who was under eighteen years of age at the time of the commission of the offense or offens…

559.012. Eligible for probation, when. — The court may place a person on probation for a specific period upon conviction of any offense or upon suspending imposition of sentence if, having regard to the nature and circumstances of the offense and to the history and character of t…

559.016. Terms of probation — extension. — 1. Unless terminated as provided in section 559.036 or modified under section 217.703, the terms during which each probation shall remain conditional and be subject to revocation are: (1) A term of years not less than one year and not to…

559.021. Conditions of probation — compensation of victims — free work, public or charitable — defendant not an employee for workers' compensation purposes — payment to county restitution fund, when. — 1. The conditions of probation shall be such as the court in its discretion de…

559.026. Detention condition of probation. — Except in infraction cases, when probation is granted, the court, in addition to conditions imposed pursuant to section 559.021, may require as a condition of probation that the offender submit to a period of detention up to forty-eigh…

559.029. Transfer of supervision. — Any criminal case under probation supervision may be transferred to another judge in the circuit in the manner provided by local circuit rule. ­­-------- (L. 1996 S.B. 869, A.L. 1997 S.B. 248)

559.031. Transfer to another court. — Jurisdiction over a probationer may be transferred from the court which imposed probation to a court having equal jurisdiction over offenders in any other part of the state, with the concurrence of both courts. Retransfers of jurisdiction may…

559.036. Duration of probation — revocation. — 1. A term of probation commences on the day it is imposed. Multiple terms of Missouri probation, whether imposed at the same time or at different times, shall run concurrently. Terms of probation shall also run concurrently with any …

559.100. Circuit courts, power to place on probation or parole — revocation — conditions — restitution. — 1. The circuit courts of this state shall have power, herein provided, to place on probation or to parole persons convicted of any offense over which they have jurisdiction, …

559.105. Restitution may be ordered, when — limitation on release from probation — amount of restitution. — 1. Any person who has been found guilty of or has pled guilty to an offense may be ordered by the court to make restitution to the victim for the victim's losses due to suc…

559.106. Lifetime supervision of certain sexual offenders — electronic monitoring — termination at age sixty-five permitted, when. — 1. Notwithstanding any statutory provision to the contrary, when a court grants probation to an offender who has been found guilty of an offense in…

559.107. Notification of monitoring to highway patrol — information entered into MULES and sexual offender registry. — 1. The department of corrections shall notify the highway patrol of any offender who is required as a mandatory condition of lifetime supervision to be electroni…

559.110. Bond may be required — forfeiture. — When the defendant is granted probation or parole by the court, the court before or at the time of granting the probation or parole, may in its discretion require the defendant, with one or more sureties, to enter into bond to the sta…

559.115. Appeals, probation not to be granted, when — probation granted after delivery to department of corrections, time limitation, assessment — one hundred twenty day program — notification to state, when, hearing — no probation in certain cases. — 1. Neither probation nor par…

559.117. Mental health assessment pilot program — offenders eligible — report to sentencing court — no probation, when — report to governor and general assembly. — 1. The director of the department of corrections is authorized to establish, as a three-year pilot program, a mental…