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Missouri Criminal Codes 01/2012. Objectives Identify a Felony, Misdemeanor, or Infraction Identify a Felony, Misdemeanor, or Infraction Know the penalties.

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Presentation on theme: "Missouri Criminal Codes 01/2012. Objectives Identify a Felony, Misdemeanor, or Infraction Identify a Felony, Misdemeanor, or Infraction Know the penalties."— Presentation transcript:

1 Missouri Criminal Codes 01/2012

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

3 Felony RSMO Classes of Crimes RSMO 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. 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 } Ex{ Murder Assault Burglary Fraud }

4 Misdemeanor RSMO Classes of Crimes RSMO 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 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 } Ex{ Assault Stealing Harassment DWI DWR }

5 Infraction RSMO Infractions RSMO 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. 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 } Ex{ Traffic }

6 Time Limitations RSMO Felony – 3 years Felony – 3 years Misdemeanor – 1 year Misdemeanor – 1 year Infraction – 6 months 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. 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: years or Life in MODOC Felony Class A: years or Life in MODOC Felony Class B: 5-15 years 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 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 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 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 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 Misdemeanor Class C: 1-15 days in County Jail, and/or a fine $1-$300 Infractions: $1-$200 Fine Infractions: $1-$200 Fine

9 1st Degree Assault RSMO Class B Felony unless physical injury has been inflicted, then Class A Felony RSMO 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 1) attempts to kill another person, OR cause serious physical injury to another person; OR 2) knowingly causes serious physical injury to another person 2) knowingly causes serious physical injury to another person

10 2 nd Degree Assault RSMO Class C Felony RSMO Class C Felony 1) commits what would otherwise be 1 st degree assault but the suspect was; acting under the influence of sudden passion arising out of adequate cause; OR 1) commits what would otherwise be 1 st 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 2) knowingly causes or attempts to cause physical injury by means of a deadly weapon or dangerous instrument; Or

11 2 nd Degree Assault (cont.) 3) the suspect recklessly causes serious physical injury to another person; OR 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; 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 2 nd Degree Assault (cont.) 5) the person recklessly causes physical injury to another person by means of discharging of a firearm 5) the person recklessly causes physical injury to another person by means of discharging of a firearm

13 3 rd Degree Assault RSMO Class A Misdemeanor RSMO 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. 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 3 rd 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. 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 Class A Misdemeanor RSMO Class A Misdemeanor For the purpose of frightening or disturbing another person, (s)he does any of the following: 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 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 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 C. Makes an anonymous phone call to the victim D. Makes repeated phone calls D. Makes repeated phone calls

17 Peace Disturbance RSMO Class A or B Misdemeanor RSMO 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 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 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 Class A or Class B Felony RSMO 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, 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, 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) 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 Class A Felony RSMO 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 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. 2) unlawfully confines a child under the age of fourteen without the consent of such child’s parent or guardian.

22 Stealing RSMO Penalties Vary RSMO 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 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 2 nd Degree Robbery RSMO Class B Felony RSMO 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 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 1 st Degree Robbery RSMO Class A Felony RSMO 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 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 2 nd Degree Tampering RSMO Penalties Vary RSMO Penalties Vary Unlawfully rides in or upon another’s automobile, motorcycle, or other motor- propelled vehicle Unlawfully rides in or upon another’s automobile, motorcycle, or other motor- propelled vehicle

26 1 st Degree Tampering RSMO Class C Felony RSMO 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 (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 2 nd Degree RSMO Class B Misdemeanor RSMO Class B Misdemeanor Knowingly damages property of another; OR damages property with the purpose to defraud an insurer Knowingly damages property of another; OR damages property with the purpose to defraud an insurer

28 Property Damage 1 st Degree RSMO Class D Felony RSMO 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. 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 2 nd Degree RSMO Infraction RSMO Infraction Enters unlawfully upon real property of another Enters unlawfully upon real property of another

30 Trespassing 1 st Degree RSMO Class B Misdemeanor RSMO 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 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 2 nd Degree RSMO Class C Felony RSMO Class C Felony Knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein Knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein

32 Burglary 1 st Degree RSMO Class B Felony RSMO 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 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 Penalties vary RSMO Penalties vary 1) knew of the presence of the substance; AND 1) knew of the presence of the substance; AND 2) knew of the illegal nature of the substance; AND 2) knew of the illegal nature of the substance; AND 3) had actual or constructive possession of the substance; AND 3) had actual or constructive possession of the substance; AND 4) the substance was a controlled substance. 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 Distribution, Delivery, Manufacture, Production, or Possession with Intent to Distribute, Deliver, Manufacture, or Produce a Controlled Substance RSMO Penalties Vary RSMO Penalties Vary Class A Felony within 2000 feet of a school Class A Felony within 2000 feet of a school

35 Drug Paraphernalia Use or Possession of Drug Paraphernalia Use or Possession of Drug Paraphernalia RSMO Class A Misdemeanor or Class D Felony RSMO 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. 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 WhereWhen Number of People Weapons Suspect Description Vehicle Description Direction of Travel


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