Mo. Rev. Stat. ch. 556

Mo. Rev. Stat. ch. 556
in effect

Mo. Rev. Stat. § 556.001 Effective date, criminal code revision.

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 , 192.2490 , 192.2495 , 192.2500 , 192.2505 * , 302.400 , 302.405 , 302.410 , 302.415 , 302.420 , 302.425 , 302.426 , 302.440 , 302.442 , 302.454 , 302.456 , 302.458 , 302.460 , 302.462 , 302.574 , 302.580 **** , 302.584 , 302.592 , 305.125 , 305.126 , 311.315 , 351.493 , 479.172 , 513.660 , 537.123 , 537.127 , 542.425 , 544.218 , 544.472 , 545.940 , 556.038 , 556.101 , 557.051 , 558.002 , 558.004 , 558.006 , 558.008 , 562.012 , 562.014 , 565.010 , 565.027 , 565.029 , 565.052 , 565.054 , 565.056 , 565.076 , 565.079 , 565.091 , 565.189 , 565.222 , 565.227 , 565.240 , 566.069 , 566.071 , 566.115 , 566.116 , 566.125 , 566.210 , 566.211 , 569.053 , 569.075 , 569.132 , 569.135 , 569.137 , 570.023 , 570.025 , 570.039 , 570.053 , 570.057 , 570.302 , 570.350 , 570.375 , 570.400 , 570.402 , 570.404 , 570.406 , 570.408 , 570.410 , 572.015 , 573.200 , 573.205 , 573.215 , 574.005 , 574.080 , 574.120 , 574.125 , 574.130 , 574.140 , 575.095 , 575.133 , 575.155 , 575.157 , 577.013 , 577.014 , 577.015 , 577.016 , 577.024 , 577.025 , 577.078 , 577.300 , 577.599 , 577.605 , 577.700 , 577.703 , 577.706 , 577.709 , 577.712 , 577.715 , 577.718 , 578.026 , 578.398 , 578.399 , 578.475 , 579.015 , 579.020 , 579.030 , 579.040 , 579.045 , 579.050 , 579.055 , 579.060 , 579.065 , 579.068 , 579.070 , 579.072 , 579.074 , 579.076 , 579.078 , 579.080 , 579.082 , 579.084 , 579.086 , 579.090 , 579.095 , 579.097 , 579.099 , 579.101 , 579.103 , 579.105 , 579.107 , 579.110 , 579.115 , 579.150 , 579.155 , 579.170 , 579.175 , 579.180 , 579.185 , 595.223 , 595.226 , 595.229 , 595.232 , 610.130 , 630.161 , 630.162 , 630.164 , 650.150 , 650.153 , 650.156 , 650.159 , 650.161 , 650.165 , and 660.360 , and the repeal and reenactment of sections 32.057 , 105.478 , 115.631 , 130.028 *** , 142.909 , 142.911 , 143.1001 , 143.1003 , 149.200 , 160.261 , 167.115 , 167.171 , 168.071 , 188.030 , 190.621 , 191.905 , 191.914 , 193.315 , 194.410 , 194.425 , 195.005 , 195.010 , 195.015 , 195.016 , 195.017 , 195.030 , 195.040 , 195.050 , 195.060 , 195.080 , 195.100 , 195.140 , 195.150 , 195.190 , 195.195 , 195.198 , 195.375 , 195.417 , 195.418 , 196.979 , 197.266 , 197.326 , 198.015 , 198.070 , 198.097 , 198.158 , 205.965 , 210.117 , 210.165 , 210.1012 , 211.038 , 214.410 , 217.010 , 217.364 , 217.385 , 217.400 , 217.405 , 217.541 , 217.542 , 217.543 , 217.692 , 217.703 , 217.735 , 217.785 ***** , 221.025 , 221.111 , 221.353 , 252.235 , 253.080 , 260.207 , 260.208 , 260.211 , 260.212 , 270.260 , 276.421 , 276.536 , 277.180 , 285.306 , 285.308 , 287.128 , 287.129 , 288.250 , 288.395 , 301.390 , 301.400 , 301.401 , 301.570 , 301.640 , 302.015 , 302.020 , 302.060 *** , 302.304 *** , 302.309 , 302.321 , 302.500 , 302.540 , 302.541 , 302.605 , 302.700 , 302.705 , 302.710 , 302.727 , 302.745 , 302.750 , 302.755 , 302.780 , 303.024 , 303.025 , 304.070 , 306.420 , 311.325 , 313.004 , 313.040 , 313.290 , 313.550 , 313.660 , 313.830 , 317.018 , 320.089 , 320.161 , 324.1142 , 324.1148 , 334.250 , 335.096 , 338.195 , 338.315 , 338.370 , 354.320 , 362.170 , 367.031 , 367.045 , 374.210 , 374.216 , 374.702 , 374.757 , 374.789 , 375.310 , 375.537 , 375.720 , 375.786 , 375.991 , 375.1176 , 375.1287 , 380.391 , 382.275 , 389.653 , 407.020 , 407.095 , 407.420 , 407.436 , 407.516 , 407.521 , 407.536 , 407.544 , 407.740 , 407.1082 , 407.1252 , 411.260 , 411.287 , 411.371 , 411.517 , 411.770 , 413.229 , 429.012 , 429.013 , 429.014 , 436.485 , 443.810 , 443.819 , 453.110 , 455.085 , 455.538 , 476.055 *** , 542.402 , 544.665 , 556.011 , 556.021 , 556.026 , 556.036 , 556.037 , 556.041 , 556.046 , 556.061 , 557.016 , 557.021 , 557.026 , 557.031 , 557.035 , 557.036 , 558.011 , 558.016 , 558.019 , 558.031 , 558.041 , 558.046 , 559.012 , 559.021 , 559.036 , 559.100 , 559.106 , 559.110 , 559.115 , 559.120 , 559.125 , 559.600 , 559.604 , 559.633 , 561.016 , 561.021 , 561.026 , 562.011 , 562.016 , 562.031 , 562.036 , 562.041 , 562.051 , 562.056 , 562.061 , 562.066 , 562.071 , 562.076 , 562.086 , 563.021 , 563.026 , 563.046 , 563.051 , 563.056 , 563.061 , 563.070 , 565.002 , 565.004 , 565.021 , 565.023 , 565.024 , 565.035 , 565.050 , 565.072 , 565.073 , 565.074 , 565.090 , 565.110 , 565.115 , 565.120 , 565.130 , 565.140 , 565.150 , 565.153 , 565.156 , 565.160 , 565.163 , 565.184 , 565.188 , 565.218 , 565.225 , 565.252 , 565.300 , 566.010 , 566.020 , 566.023 , 566.030 , 566.031 , 566.032 , 566.034 , 566.060 , 566.061 , 566.062 , 566.064 , 566.067 , 566.068 , 566.083 , 566.086 , 566.093 , 566.100 , 566.101 , 566.111 , 566.145 , 566.147 , 566.148 , 566.149 , 566.150 , 566.151 , 566.153 , 566.155 , 566.203 , 566.206 , 566.209 , 566.215 , 566.218 , 567.010 , 567.020 , 567.030 , 567.050 , 567.060 , 567.070 , 567.080 , 567.085 , 567.087 , 567.110 , 567.120 , 568.010 , 568.020 , 568.030 , 568.032 , 568.040 , 568.045 , 568.050 , 568.060 , 568.065 , 568.070 , 568.175 , 569.010 , 569.040 , 569.050 , 569.055 , 569.060 , 569.065 , 569.080 , 569.090 , 569.095 , 569.097 , 569.099 , 569.100 , 569.120 , 569.140 , 569.145 , 569.150 , 569.155 , 569.160 , 569.170 , 569.180 , 570.010 , 570.020 , 570.030 , 570.070 , 570.085 , 570.090 , 570.100 , 570.103 , 570.110 , 570.120 , 570.125 , 570.130 , 570.135 , 570.140 , 570.145 , 570.150 , 570.180 , 570.210 , 570.217 , 570.219 , 570.220 , 570.223 , 570.224 , 570.225 , 570.300 , 570.310 , 570.380 , 572.010 , 572.020 , 572.030 , 572.040 , 572.050 , 572.060 , 572.070 , 573.010 , 573.020 , 573.023 , 573.025 , 573.030 , 573.035 , 573.037 , 573.040 , 573.050 , 573.052 , 573.060 , 573.065 , 573.090 , 573.100 , 573.509 , 573.531 , 574.010 , 574.020 , 574.035 , 574.040 , 574.050 , 574.060 , 574.070 , 574.075 , 574.085 , 574.105 , 574.115 , 575.020 , 575.030 , 575.040 , 575.050 , 575.060 , 575.070 , 575.080 , 575.090 , 575.100 , 575.110 , 575.120 , 575.130 , 575.145 , 575.150 , 575.153 , 575.159 , 575.160 , 575.170 , 575.180 , 575.190 , 575.195 , 575.200 , 575.205 , 575.206 , 575.210 , 575.220 , 575.230 , 575.240 , 575.250 , 575.260 , 575.270 , 575.280 , 575.290 , 575.300 , 575.310 , 575.320 , 575.353 , 576.010 , 576.020 , 576.030 , 576.040 , 576.050 , 576.060 , 576.070 , 576.080 , 577.001 , 577.010 , 577.012 , 577.017 , 577.020 , 577.021 , 577.023 , 577.029 , 577.031 , 577.037 , 577.041 *** , 577.060 , 577.068 , 577.070 , 577.073 , 577.075 , 577.076 , 577.080 , 577.100 , 577.150 , 577.155 , 577.161 , 577.600 , 577.612 , 577.675 , 578.009 , 578.012 , 578.018 , 578.021 , 578.023 , 578.024 , 578.025 , 578.027 , 578.028 , 578.029 , 578.030 , 578.050 , 578.095 , 578.151 , 578.152 , 578.153 , 578.173 , 578.176 , 578.350 , 578.365 , 578.405 , 578.421 , 578.425 , 578.430 , 578.437 , 578.520 , 578.525 , 578.614 , 589.015 , 589.400 , 589.425 , 590.700 , 610.125 , 630.155 , 630.165 , 632.480 , and 701.320 , and the repeal of sections 130.028 *** , 130.031 *** , 195.025 , 195.110 , 195.130 , 195.135 , 195.180 , 195.202 , 195.204 , 195.211 , 195.212 , 195.213 , 195.214 , 195.217 , 195.218 , 195.219 , 195.222 , 195.223 , 195.226 , 195.233 , 195.235 , 195.241 , 195.242 , 195.246 , 195.248 , 195.252 , 195.254 , 195.256 , 195.275 , 195.280 , 195.285 , 195.291 , 195.292 , 195.295 , 195.296 , 195.367 , 195.369 , 195.371 , 195.420 , 195.501 , 195.503 , 195.505 , 195.507 , 195.509 , 195.511 , 195.515 , 217.360 , 302.060 *** , 302.304 *** , 306.110 , 306.111 , 306.112 , 306.114 , 306.116 , 306.117 , 306.118 , 306.119 , 306.141 , 476.055 *** , 556.016 , 556.022 , 556.051 , 556.056 , 556.063 , 557.041 , 557.046 , 558.018 , 560.011 , 560.016 , 560.021 , 560.026 , 560.031 , 560.036 , 564.011 , 564.016 , 565.025 , 565.060 , 565.063 , 565.065 , 565.070 , 565.075 , 565.080 , 565.081 , 565.082 , 565.083 , 565.084 , 565.085 , 565.086 , 565.092 , 565.095 , 565.100 , 565.149 , 565.165 , 565.169 , 565.180 , 565.182 , 565.186 , 565.190 , 565.200 , 565.210 , 565.212 , 565.214 , 565.216 , 565.220 , 565.250 , 565.253 , 565.255 , 565.350 , 566.013 , 566.135 , 566.140 , 566.141 , 566.212 , 566.213 , 566.221 , 566.224 , 566.226 , 566.265 , 567.040 , 568.052 , 568.080 , 568.090 , 568.100 , 568.110 , 568.120 , 569.020 , 569.025 , 569.030 , 569.035 , 569.067 , 569.070 , 569.072 , 569.094 , 570.033 , 570.040 , 570.050 , 570.055 , 570.080 , 570.087 , 570.123 , 570.155 , 570.160 , 570.170 , 570.190 , 570.200 , 570.215 , 570.222 , 570.226 , 570.230 , 570.235 , 570.240 , 570.241 , 570.245 , 570.255 , 572.110 , 572.120 , 573.013 , 573.500 , 573.528 , 574.030 , 575.021 , 575.350 , 577.005 , 577.006 , 577.026 , 577.039 , 577.041 *** , 577.049 , 577.051 , 577.052 , 577.054 , 577.065 , 577.071 , 577.090 , 577.105 , 577.110 , 577.160 , 577.201 , 577.203 , 577.206 , 577.208 , 577.211 , 577.214 , 577.217 , 577.221 , 577.500 , 577.505 , 577.510 , 577.515 , 577.520 , 577.525 , 577.530 , 577.602 , 577.604 , 577.606 , 577.608 , 577.610 , 577.614 , 577.625 , 577.628 , 577.680 , 578.008 , 578.075 , 578.150 , 578.154 , 578.200 , 578.205 , 578.210 , 578.215 , 578.220 , 578.225 , 578.250 , 578.255 , 578.260 , 578.265 , 578.300 , 578.305 , 578.310 , 578.315 , 578.320 , 578.325 , 578.330 , 578.353 , 578.360 , 578.363 , 578.375 , 578.377 , 578.379 , 578.381 , 578.383 , 578.385 , 578.387 , 578.389 , 578.390 , 578.392 , 578.407 , 578.409 , 578.412 , 578.414 , 578.416 , 578.418 , 578.420 , 578.433 , 578.445 , 578.450 , 578.500 , 578.510 , 578.530 , 578.570 , ** 660.250 , 660.255 , 660.260 , 660.261 , 660.263 , 660.265 , 660.270 , 660.275 , 660.280 , 660.285 , 660.290 , 660.295 , 660.300 , 660.305 , 660.310 , 660.315 , 660.317 , 660.320 , and 660.321 ** shall become effective January 1, 2017. (L. 2014 S.B. 491 § B merged with H.B. 1371 § B) *...*These sections appeared as sections 197.1000, 197.1002, 197.1004, 197.1006, 197.1008, 197.1010, 197.1012, 197.1014, 197.1016, 197.1018, 197.1020, 197.1022, 197.1024, 197.1026, 197.1028, 197.1030, 197.1032, 197.1034, 197.1036, 197.1038, 197.1040, and 197.1042 in S.B. 491 and H.B. 1371. **...**These sections were repealed by H.B. 1299 Revision, 2014, effective 8-28-14. ***These sections were multiple versions. ****Revisor's Note: Due to the delayed effective date of SB 491 and HB 1371, Section B of both bills were merged and codified by inserting the statutory section numbers for the sections contained in SB 491 and HB 1371. Section 305.580 , which was not contained in either SB 491 or HB 1371, was inadvertently codified in this section instead of Section 302.580 , which was contained in SB 491, due to an apparent typographical error. *****This section was repealed by S.B. 103, 2023.

Mo. Rev. Stat. § 556.011 Short title.

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.

Mo. Rev. Stat. § 556.021 Infractions - procedure - default judgment, when.

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 provided by law, the procedure for infractions shall be the same as for a misdemeanor. 3. If a person fails to appear in court either solely for an infraction or for an infraction which is committed in the same course of conduct as a criminal offense for which the person is charged, or if a person fails to respond to notice of an infraction from the central violations bureau established in section 476.385 , the court may issue a default judgment for court costs and fines for the infraction which shall be enforced in the same manner as other default judgments, including enforcement under sections 488.5028 and 488.5030 , unless the court determines that good cause or excusable neglect exists for the person's failure to appear for the infraction. The notice of entry of default judgment and the amount of fines and costs imposed shall be sent to the person by first class mail. The default judgment may be set aside for good cause if the person files a motion to set aside the judgment within six months of the date the notice of entry of default judgment is mailed. 4. Notwithstanding subsection 3 of this section or any provisions of law to the contrary, a court may issue a warrant for failure to appear for any violation that is classified or charged as an infraction; except that, a court shall not issue a warrant for failure to appear for any violation that is classified or charged as an infraction under chapter 307 . 5. Judgment against the defendant for an infraction shall be in the amount of the fine authorized by law and the court costs for the offense. (L. 1977 S.B. 60, A.L. 2009 H.B. 683, A.L. 2010 H.B. 1540, A.L. 2014 S.B. 491, A.L. 2024 S.B. 754, et al.)

Mo. Rev. Stat. § 556.026 Offenses and infractions to be defined by statute.

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

Mo. Rev. Stat. § 556.031 Application to offenses committed before and after enactment.

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 defense to a prosecution for such an offense. 2. Offenses defined outside of this code and not repealed shall remain in effect, but unless otherwise expressly provided or unless the context otherwise requires, the provisions of this code shall govern the construction of any such offenses committed after January 1, 1979, as well as the construction and application of any defense to a prosecution for such offenses. 3. The provisions of this code do not apply to or govern the construction of and punishment for any offense committed prior to January 1, 1979, or the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been enacted, the provisions of section 1.160 notwithstanding. (L. 1977 S.B. 60) Effective 1-01-79

Mo. Rev. Stat. § 556.036 Time limitations.

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 class A felony may be commenced at any time. 2. Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods of limitation: (1) For any felony, three years, except as provided in subdivision (4) of this subsection; (2) For any misdemeanor, one year; (3) For any infraction, six months; (4) For any violation of section 569.040 , when classified as a class B felony, or any violation of section 569.050 or 569.055 , five years. 3. If the period prescribed in subsection 2 of this section has expired, a prosecution may nevertheless be commenced for: (1) Any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense, but in no case shall this provision extend the period of limitation by more than three years. As used in this subdivision, the term "person who has a legal duty to represent an aggrieved party" shall mean the attorney general or the prosecuting or circuit attorney having jurisdiction pursuant to section 407.553 , for purposes of offenses committed pursuant to sections 407.511 to 407.556 ; and (2) Any offense based upon misconduct in office by a public officer or employee at any time when the person is in public office or employment or within two years thereafter, but in no case shall this provision extend the period of limitation by more than three years; and (3) Any offense based upon an intentional and willful fraudulent claim of child support arrearage to a public servant in the performance of his or her duties within one year after discovery of the offense, but in no case shall this provision extend the period of limitation by more than three years. 4. An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the person's complicity therein is terminated. Time starts to run on the day after the offense is committed. 5. A prosecution is commenced for a misdemeanor or infraction when the information is filed and for a felony when the complaint or indictment is filed. 6. The period of limitation does not run: (1) During any time when the accused is absent from the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years; (2) During any time when the accused is concealing himself or herself from justice either within or without this state; (3) During any time when a prosecution against the accused for the offense is pending in this state; (4) During any time when the accused is found to lack mental fitness to proceed pursuant to section 552.020 ; or (5) During any period of time after which a DNA profile is developed from evidence collected in relation to the commission of a crime and included in a published laboratory report until the date upon which the accused is identified by name based upon a match between that DNA evidence profile and the known DNA profile of the accused. For purposes of this section, the term "DNA profile" means the collective results of the DNA analysis of an evidence sample. (L. 1977 S.B. 60, A.L. 1986 S.B. 685, A.L. 1997 S.B. 56, A.L. 1999 H.B. 487, A.L. 2002 H.B. 1037, et al. merged with S.B. 650, A.L. 2005 H.B. 353, A.L. 2006 H.B. 1857, A.L. 2009 H.B. 62, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491, A.L. 2018 S.B. 819) (1987) Subsection 2 of this section does not apply and defendant was entitled to have jury determine punishment rather than judge where defendant was charged with felony and being a prior offender and jury returned verdict on lesser included charge that was misdemeanor. State v. Meeks, 734 S.W.2d 282 (Mo.App.W.D.). (2012) Tolling of statute of limitations upon filing of a felony complaint does not conflict with Article I, Section 17 provision prohibiting felony prosecutions otherwise than by indictment or information. State v. Mixon, 391 S.W.3d 881 (Mo.banc).

Mo. Rev. Stat. § 556.037 Time limitations for prosecutions for sexual offenses involving a person ...

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. For purposes of this section, "sexual offenses" include, but are not limited to, all offenses for which registration is required under sections 589.400 to 589.425 . (L. 1987 H.B. 598 § 18, A.L. 1990 H.B. 1370, et al., A.L. 1997 H.B. 104, A.L. 2004 H.B. 1055 merged with H.B. 1487, A.L. 2011 S.B. 54, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491, A.L. 2018 S.B. 655 merged with S.B. 819) CROSS REFERENCES: Childhood sexual abuse damage action, time limitation on bringing action after August 28, 1990, 537.046 Statute of limitation in action for damages for sexual contact with person within third degree of consanguinity or affinity, 516.371

Mo. Rev. Stat. § 556.038 Time limitation to prosecute.

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, photographing or filming occurred; or (2) If the person who was viewed, photographed or filmed did not realize at the time that he was being viewed, photographed or filmed, within three years of the time the person who was viewed or in the photograph or film first learns that he was viewed, photographed or filmed. (L. 1995 H.B. 160 § 1 subsec. 4, A.L. 2014 S.B. 491) Transferred 2014; formerly 565.255; Effective 1-01-17

Mo. Rev. Stat. § 556.041 Limitation on conviction for multiple offenses.

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 offense is included in the other, as defined in section 556.046 ; or (2) Inconsistent findings of fact are required to establish the commission of the offenses; or (3) The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct; or (4) The offense is defined as a continuing course of conduct and the person's course of conduct was uninterrupted, unless the law provides that specific periods of such conduct constitute separate offenses. (L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17 (1981) Kidnapping and rape were separate offenses and defendant thus was not punished twice for same offense because confinement and movement of victim were not incidental to commission of rape but increased risk of harm and danger to victim. State v. Stewart (A.), 615 S.W.2d 600. (1997) Conviction for both rape and child abuse did not subject defendant to double jeopardy. Bass v. State, 950 S.W.2d 940 (Mo.App.W.D.).

Mo. Rev. Stat. § 556.046 Conviction of included offenses - jury instructions.

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 required to establish the commission of the offense charged; or (2) It is specifically denominated by statute as a lesser degree of the offense charged; or (3) It consists of an attempt to commit the offense charged or to commit an offense otherwise included therein. 2. The court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the person of the offense charged and convicting him or her of the included offense. An offense is charged for purposes of this section if: (1) It is in an indictment or information; or (2) It is an offense submitted to the jury because there is a rational basis for a verdict acquitting the person of the offense charged and convicting the person of the included offense. 3. The court shall be obligated to instruct the jury with respect to a particular included offense only if the instruction is requested and there is a rational basis in the evidence for acquitting the person of the immediately higher included offense and convicting the person of that particular included offense. (L. 1977 S.B. 60, A.L. 2001 S.B. 223, A.L. 2014 S.B. 491, A.L. 2022 S.B. 775, et al.) (1981) Statute providing that defendant may be convicted of offense included in offense charged is legislative determination that offense can be a lesser offense of another offense so that charge of greater will support conviction of lesser although lesser is not necessarily included in greater; declining to follow State v. Handley, 585 S.W.2d 458, to extent of conflict. State v. Wilkerson (Mo.), 616 S.W.2d 829. (1981) Statute must be construed as requiring an instruction on a lesser-included offense only where there is evidence of probative value which could form basis of an acquittal of greater offense and a conviction of lesser-included offense. State v. Hill (A.), 614 S.W.2d 744.

Mo. Rev. Stat. § 556.061 Code definitions.

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, computer system, or computer network; (2) "Affirmative defense" : (a) The defense referred to is not submitted to the trier of fact unless supported by evidence; and (b) If the defense is submitted to the trier of fact the defendant has the burden of persuasion that the defense is more probably true than not; (3) "Burden of injecting the issue" : (a) The issue referred to is not submitted to the trier of fact unless supported by evidence; and (b) If the issue is submitted to the trier of fact any reasonable doubt on the issue requires a finding for the defendant on that issue; (4) "Commercial film and photographic print processor" , any person who develops exposed photographic film into negatives, slides or prints, or who makes prints from negatives or slides, for compensation. The term commercial film and photographic print processor shall include all employees of such persons but shall not include a person who develops film or makes prints for a public agency; (5) "Computer" , the box that houses the central processing unit (CPU), along with any internal storage devices, such as internal hard drives, and internal communication devices, such as internal modems capable of sending or receiving email or fax cards, along with any other hardware stored or housed internally. Thus, computer refers to hardware, software and data contained in the main unit. Printers, external modems attached by cable to the main unit, monitors, and other external attachments will be referred to collectively as peripherals and discussed individually when appropriate. When the computer and all peripherals are referred to as a package, the term "computer system" is used. Information refers to all the information on a computer system including both software applications and data; (6) "Computer equipment" , computers, terminals, data storage devices, and all other computer hardware associated with a computer system or network; (7) "Computer hardware" , all equipment which can collect, analyze, create, display, convert, store, conceal or transmit electronic, magnetic, optical or similar computer impulses or data. Hardware includes, but is not limited to, any data processing devices, such as central processing units, memory typewriters and self-contained laptop or notebook computers; internal and peripheral storage devices, transistor-like binary devices and other memory storage devices, such as floppy disks, removable disks, compact disks, digital video disks, magnetic tape, hard drive, optical disks and digital memory; local area networks, such as two or more computers connected together to a central computer server via cable or modem; peripheral input or output devices, such as keyboards, printers, scanners, plotters, video display monitors and optical readers; and related communication devices, such as modems, cables and connections, recording equipment, RAM or ROM units, acoustic couplers, automatic dialers, speed dialers, programmable telephone dialing or signaling devices and electronic tone-generating devices; as well as any devices, mechanisms or parts that can be used to restrict access to computer hardware, such as physical keys and locks; (8) "Computer network" , two or more interconnected computers or computer systems; (9) "Computer program" , a set of instructions, statements, or related data that directs or is intended to direct a computer to perform certain functions; (10) "Computer software" , digital information which can be interpreted by a computer and any of its related components to direct the way they work. Software is stored in electronic, magnetic, optical or other digital form. The term commonly includes programs to run operating systems and applications, such as word processing, graphic, or spreadsheet programs, utilities, compilers, interpreters and communications programs; (11) "Computer-related documentation" , written, recorded, printed or electronically stored material which explains or illustrates how to configure or use computer hardware, software or other related items; (12) "Computer system" , a set of related, connected or unconnected, computer equipment, data, or software; (13) "Confinement" : (a) A person is in confinement when such person is held in a place of confinement pursuant to arrest or order of a court, and remains in confinement until: a. A court orders the person's release; or b. The person is released on bail, bond, or recognizance, personal or otherwise; or c. A public servant having the legal power and duty to confine the person authorizes his release without guard and without condition that he return to confinement; (b) A person is not in confinement if: a. The person is on probation or parole, temporary or otherwise; or b. The person is under sentence to serve a term of confinement which is not continuous, or is serving a sentence under a work-release program, and in either such case is not being held in a place of confinement or is not being held under guard by a person having the legal power and duty to transport the person to or from a place of confinement; (14) "Consent" : consent or lack of consent may be expressed or implied. Assent does not constitute consent if: (a) It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor; or (b) It is given by a person who by reason of youth, mental disease or defect, intoxication, a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or (c) It is induced by force, duress or deception; (15) "Controlled substance" , a drug, substance, or immediate precursor in Schedules I through V as defined in chapter 195 ; (16) "Criminal negligence" , failure to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation; (17) "Custody" , a person is in custody when he or she has been arrested but has not been delivered to a place of confinement; (18) "Damage" , when used in relation to a computer system or network, means any alteration, deletion, or destruction of any part of the computer system or network; (19) "Dangerous felony" , the felonies requiring eighty-five percent of the imposed sentence to be served prior to parole eligibility, which are arson in the first degree, assault in the first degree, attempted rape in the first degree if physical injury results, attempted forcible rape if physical injury results, attempted sodomy in the first degree if physical injury results, attempted forcible sodomy if physical injury results, rape in the first degree, forcible rape, sodomy in the first degree, forcible sodomy, assault in the second degree if the victim of such assault is a special victim as defined in subdivision (16) * of section 565.002 , kidnapping in the first degree, kidnapping, murder in the second degree, assault of a law enforcement officer in the first degree, domestic assault in the first degree, elder abuse in the first degree, robbery in the first degree, armed criminal action, conspiracy to commit an offense when the offense is a dangerous felony, vehicle hijacking when punished as a class A felony, statutory rape in the first degree, statutory sodomy in the first degree, child molestation in the first or second degree, abuse of a child if the child dies as a result of injuries sustained from conduct chargeable under section 568.060 , child kidnapping, parental kidnapping committed by detaining or concealing the whereabouts of the child for not less than one hundred twenty days under section 565.153 , bus hijacking when punished as a class A felony, planting a bomb or explosive in or near a bus or terminal, an "intoxication-related traffic offense" or "intoxication-related boating offense" if the person is found to be a "habitual offender" or "habitual boating offender" as such terms are defined in section 577.001 , abuse through forced labor when punished under subsection 4 of section 566.203 , trafficking for the purposes of slavery, involuntary servitude, peonage, or forced labor or the attempt of such when punished under subsection 4 of section 566.206 , trafficking for the purposes of sexual exploitation or the attempt of such when the offense was effected by force, abduction, or coercion, sexual trafficking of a child in the first degree, sexual trafficking of a child in the second degree, a third violation of failure to register as a sexual offender, and endangering the welfare of a child in the first degree when punished under section 568.045 ; (20) "Dangerous instrument" , any instrument, article or substance, which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury; (21) "Data" , a representation of information, facts, knowledge, concepts, or instructions prepared in a formalized or other manner and intended for use in a computer or computer network. Data may be in any form including, but not limited to, printouts, microfiche, magnetic storage media, punched cards and as may be stored in the memory of a computer; (22) "Deadly weapon" , any firearm, loaded or unloaded, or any weapon from which a shot, readily capable of producing death or serious physical injury, may be discharged, or a switchblade knife, dagger, billy club, blackjack or metal knuckles; (23) "Digital camera" , a camera that records images in a format which enables the images to be downloaded into a computer; (24) "Disability" , a mental, physical, or developmental impairment that substantially limits one or more major life activities or the ability to provide adequately for one's care or protection, whether the impairment is congenital or acquired by accident, injury or disease, where such impairment is verified by medical findings; (25) "Elderly person" , a person sixty years of age or older; (26) "Felony" , an offense so designated or an offense for which persons found guilty thereof may be sentenced to death or imprisonment for a term of more than one year; (27) "Forcible compulsion" either: (a) Physical force that overcomes reasonable resistance; or (b) A threat, express or implied, that places a person in reasonable fear of death, serious physical injury or kidnapping of such person or another person; (28) "Incapacitated" , a temporary or permanent physical or mental condition in which a person is unconscious, unable to appraise the nature of his or her conduct, or unable to communicate unwillingness to an act; (29) "Infraction" , a violation defined by this code or by any other statute of this state if it is so designated or if no sentence other than a fine, or fine and forfeiture or other civil penalty, is authorized upon conviction; (30) "Inhabitable structure" , a vehicle, vessel or structure: (a) Where any person lives or carries on business or other calling; or (b) Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; or (c) Which is used for overnight accommodation of persons. Any such vehicle, vessel, or structure is inhabitable regardless of whether a person is actually present. If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an inhabitable structure of another; (31) "Knowingly" , when used with respect to: (a) Conduct or attendant circumstances, means a person is aware of the nature of his or her conduct or that those circumstances exist; or (b) A result of conduct, means a person is aware that his or her conduct is practically certain to cause that result; (32) "Law enforcement officer" , any public servant having both the power and duty to make arrests for violations of the laws of this state, and federal law enforcement officers authorized to carry firearms and to make arrests for violations of the laws of the United States; (33) "Misdemeanor" , an offense so designated or an offense for which persons found guilty thereof may be sentenced to imprisonment for a term of which the maximum is one year or less; (34) "Of another" , property that any entity, including but not limited to any natural person, corporation, limited liability company, partnership, association, governmental subdivision or instrumentality, other than the actor, has a possessory or proprietary interest therein, except that property shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security arrangement; (35) "Offense" , any felony or misdemeanor; (36) "Physical injury" , slight impairment of any function of the body or temporary loss of use of any part of the body; (37) "Place of confinement" , any building or facility and the grounds thereof wherein a court is legally authorized to order that a person charged with or convicted of a crime be held; (38) "Possess" or "possessed" , having actual or constructive possession of an object with knowledge of its presence. A person has actual possession if such person has the object on his or her person or within easy reach and convenient control. A person has constructive possession if such person has the power and the intention at a given time to exercise dominion or control over the object either directly or through another person or persons. Possession may also be sole or joint. If one person alone has possession of an object, possession is sole. If two or more persons share possession of an object, possession is joint; (39) "Property" , anything of value, whether real or personal, tangible or intangible, in possession or in action; (40) "Public servant" , any person employed in any way by a government of this state who is compensated by the government by reason of such person's employment, any person appointed to a position with any government of this state, or any person elected to a position with any government of this state. It includes, but is not limited to, legislators, jurors, members of the judiciary and law enforcement officers. It does not include witnesses; (41) "Purposely" , when used with respect to a person's conduct or to a result thereof, means when it is his or her conscious object to engage in that conduct or to cause that result; (42) "Recklessly" , consciously disregarding a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation; (43) "Serious emotional injury" , an injury that creates a substantial risk of temporary or permanent medical or psychological damage, manifested by impairment of a behavioral, cognitive or physical condition. Serious emotional injury shall be established by testimony of qualified experts upon the reasonable expectation of probable harm to a reasonable degree of medical or psychological certainty; (44) "Serious physical injury" , physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body; (45) "Services" , when used in relation to a computer system or network, means use of a computer, computer system, or computer network and includes, but is not limited to, computer time, data processing, and storage or retrieval functions; (46) "Sexual orientation" , male or female heterosexuality, homosexuality or bisexuality by inclination, practice, identity or expression, or having a self-image or identity not traditionally associated with one's gender; (47) "Vehicle" , a self-propelled mechanical device designed to carry a person or persons, excluding vessels or aircraft; (48) "Vessel" , any boat or craft propelled by a motor or by machinery, whether or not such motor or machinery is a principal source of propulsion used or capable of being used as a means of transportation on water, or any boat or craft more than twelve feet in length which is powered by sail alone or by a combination of sail and machinery, and used or capable of being used as a means of transportation on water, but not any boat or craft having, as the only means of propulsion, a paddle or oars; (49) "Voluntary act" : (a) A bodily movement performed while conscious as a result of effort or determination. Possession is a voluntary act if the possessor knowingly procures or receives the thing possessed, or having acquired control of it was aware of his or her control for a sufficient time to have enabled him or her to dispose of it or terminate his or her control; or (b) An omission to perform an act of which the actor is physically capable. A person is not guilty of an offense based solely upon an omission to perform an act unless the law defining the offense expressly so provides, or a duty to perform the omitted act is otherwise imposed by law; (50) "Vulnerable person" , any person in the custody, care, or control of the department of mental health who is receiving services from an operated, funded, licensed, or certified program. (L. 1977 S.B. 60, A.L. 1982 H.B. 1201, A.L. 1983 S.B. 44 & 45, S.B. 276, A.L. 1984 S.B. 448 § A, H.B. 1255, A.L. 1987 S.B. 372, A.L. 1990 H.B. 1370, et al., A.L. 1994 S.B. 763, A.L. 1999 H.B. 165 merged with S.B. 177, A.L. 2002 S.B. 969, et al., A.L. 2003 S.B. 5, A.L. 2006 H.B. 1698, et al., A.L. 2008 S.B. 714, et al., A.L. 2013 H.B. 215 merged with H.B. 505, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371, A.L. 2020 S.B. 600, A.L. 2025 H.B. 495, A.L. 2026 H.B. 2637 & 3155 merged with S.B. 888) *Subdivision "(14)" renumbered to subdivision "(16)" by H.B. 2637 & 3155 and S.B. 999, 2026, effective 7-01-27. Severability clause, see §§ 1.1005 and 1.1006

Mo. Rev. Stat. § 556.101 Lack of consent in kidnapping and crimes involving restraint.

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) Forcible compulsion; or (2) Incapacity to consent. 3. A person is deemed incapable of consent if he is: (1) Less than fourteen years of age; or (2) Incapacitated. (L. 1977 S.B. 60, A.L. 2014 S.B. 491) Transferred 2014; formerly 565.100; Effective 1-01-17
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://revisor.mo.gov/main/OneChapter.aspx?chapter=556Fetched: 10/17/2026