Missouri Criminal Codes

1. Missouri Criminal Codes 01/2012

2. Objectives • Identify a Felony, Misdemeanor, or Infraction • Know the penalties for such crimes

3. 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 }

4. 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 }

5. 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 }

6. 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.

7. 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

8. 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

9. 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

10. 2nd 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

11. 2nd 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;

12. 2nd Degree Assault (cont.) • 5) the person recklessly causes physical injury to another person by means of discharging of a firearm

13. 3rd 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.

14. 3rd 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.

15. 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

16. 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

17. 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

18. 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

19. 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,

20. 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)

21. 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.

22. 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

23. 2nd 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

24. 1st 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

25. 2nd Degree Tampering • RSMO 569.090 Penalties Vary • Unlawfully rides in or upon another’s automobile, motorcycle, or other motor-propelled vehicle

26. 1st 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

27. Property Damage 2nd Degree • RSMO 569.120 Class B Misdemeanor • Knowingly damages property of another; OR damages property with the purpose to defraud an insurer

28. Property Damage 1st 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.

29. Trespassing 2nd Degree • RSMO 569.150 Infraction • Enters unlawfully upon real property of another

30. Trespassing 1st 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

31. Burglary 2nd 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

32. Burglary 1st 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

33. 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.

34. 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

35. 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.

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