Missouri Criminal Codes

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Missouri Criminal
Codes
01/2012
Objectives

Identify a Felony, Misdemeanor, or Infraction

Know the penalties for such crimes
Felony

RSMO 556.016 Classes of Crimes

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.

Ex{ Murder Assault Burglary Fraud }
Misdemeanor

RSMO 556.016 Classes of Crimes

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

Ex{ Assault Stealing Harassment DWI DWR }
Infraction

RSMO 556.021 Infractions

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.

Ex{ Traffic }
Time Limitations RSMO 556.036

Felony – 3 years

Misdemeanor – 1 year

Infraction – 6 months

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

Felony Class B: 5-15 years in MODOC

Felony Class C: 1 day to 1 yr in County Jail, or up to 7
years in MODOC, and/or a fine $1-$5000

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

Misdemeanor Class B: 1 day up to 6 months in
County Jail, and/or a fine $1-$500

Misdemeanor Class C: 1-15 days in County Jail,
and/or a fine $1-$300

Infractions: $1-$200 Fine
1st Degree Assault

RSMO 565.050 Class B Felony unless physical
injury has been inflicted, then Class A Felony

1) attempts to kill another person, OR cause
serious physical injury to another person; OR

2) knowingly causes serious physical injury to
another person
nd
2
Degree Assault

RSMO 565.060 Class C Felony

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

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

RSMO 565.070 Class A Misdemeanor

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

For the purpose of frightening or disturbing
another person, (s)he does any of the following:

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

C. Makes an anonymous phone call to the victim

D. Makes repeated phone calls
Peace Disturbance

RSMO 574.010 Class A or B Misdemeanor

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

1) unlawfully removes another from where
he/she is found; OR unlawfully confines
another for a substantial period of time,

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

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

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

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

RSMO 569.030 Class B Felony

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

RSMO 569.020 Class A Felony

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

RSMO 569.090 Penalties Vary

Unlawfully rides in or upon another’s
automobile, motorcycle, or other motorpropelled vehicle
st
1
Degree Tampering

RSMO 569.080 Class C Felony

(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

RSMO 569.120 Class B Misdemeanor

Knowingly damages property of another; OR
damages property with the purpose to defraud
an insurer
Property Damage
st
1
Degree

RSMO 569.100 Class D Felony

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

RSMO 569.150 Infraction

Enters unlawfully upon real property of another
Trespassing
st
1
Degree

RSMO 569.140 Class B Misdemeanor

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

RSMO 569.170 Class C Felony

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

RSMO 569.170 Class B Felony

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

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.



Drug Sale Law

Distribution, Delivery, Manufacture, Production,
or Possession with Intent to Distribute, Deliver,
Manufacture, or Produce a Controlled Substance

RSMO 195.211 Penalties Vary

Class A Felony within 2000 feet of a school
Drug Paraphernalia

Use or Possession of Drug Paraphernalia

RSMO 195.233 Class A Misdemeanor or Class D
Felony

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
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