reglab/housing_qa huggingface dataset:
MO Rev Stat § 556.041 (2021)
2021 Missouri Revised Statutes|Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders|Chapter 556 - Preliminary Provisions (Criminal Code)|Section 556.041 - Limitation on conviction for multiple offenses.

Effective - 01 Jan 2017, 2 histories   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 (2021)
2021 Missouri Revised Statutes|Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders|Chapter 556 - Preliminary Provisions (Criminal Code)|Section 556.046 - Conviction of included offenses — jury instructions.

Effective - 01 Jan 2017, 2 histories   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 basis for a verdict acquitting the person of the offense charged and convicting him 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 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 there is a basis in the evidence for acquitting the person of the immediately higher included offense and there is a basis in the evidence for 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)  Effective 1-01-17  (1980) Although policy is to give the jury in a homicide case the right to commute punishment for an offense actually committed and to impose the punishment it finds proper, such right is not unrestricted since if an acquittal of the higher degree of crime necessarily requires a fact finding that is also necessary for a finding of guilt of a lesser crime, the acquittal serves to preclude conviction of either. State v. Martin (A.), 602 S.W.2d 772. (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 § 556.101 (2021)
2021 Missouri Revised Statutes|Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders|Chapter 556 - Preliminary Provisions (Criminal Code)|Section 556.101 - Lack of consent in kidnapping and crimes involving restraint.

Effective - 01 Jan 2017   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
MO Rev Stat § 557.016 (2021)
2021 Missouri Revised Statutes|Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders|Chapter 557 - General Sentencing Provisions|Section 557.016 - Classification of offenses.

Effective - 01 Jan 2017, 2 histories   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 the purpose of sentencing into the following four categories:  (1) Class A misdemeanors;  (2) Class B misdemeanors;  (3) Class C misdemeanors; and  (4) Class D misdemeanors.  3. Infractions are not further classified. ­­-------- (L. 1977 S.B. 60, A.L. 2014 S.B. 491)  Effective 1-01-17
MO Rev Stat § 557.021 (2021)
2021 Missouri Revised Statutes|Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders|Chapter 557 - General Sentencing Provisions|Section 557.021 - Classification of offenses outside this code.

Effective - 28 Aug 2020, 4 histories   557.021. Classification of offenses outside this code. — 1. Any offense defined outside this code which is declared to be a misdemeanor without specification of the penalty therefor is a class A misdemeanor.  2. Any offense defined outside this code which is declared to be a felony without specification of the penalty therefor is a class E felony.  3. For the purpose of applying the extended term provisions of section 558.016 and the minimum prison term provisions of section 558.019 and for determining the penalty for attempts, offenses defined outside of this code shall be classified as follows:  (1) If the offense is a felony:  (a) It is a class A felony if the authorized penalty includes death, life imprisonment or imprisonment for a term of twenty years or more;  (b) It is a class B felony if the maximum term of imprisonment authorized exceeds ten years but is less than twenty years;  (c) It is a class C felony if the maximum term of imprisonment authorized is ten years;  (d) It is a class D felony if the maximum term of imprisonment exceeds four years but is less than ten years;  (e) It is a class E felony if the maximum term of imprisonment is four years or less;  (2) If the offense is a misdemeanor:  (a) It is a class A misdemeanor if the authorized imprisonment exceeds six months in jail;  (b) It is a class B misdemeanor if the authorized imprisonment exceeds thirty days but is not more than six months;  (c) It is a class C misdemeanor if the authorized imprisonment is thirty days or less;  (d) It is a class D misdemeanor if it includes a mental state as an element of the offense and there is no authorized imprisonment;  (e) It is an infraction if there is no authorized imprisonment. ­­-------- (L. 1977 S.B. 60, A.L. 1988 H.B. 1340 & 1348, A.L. 2014 S.B. 491, A.L. 2016 H.B. 2332, A.L. 2020 S.B. 600)  (1990) Absence of a stated maximum penalty merely indicates legislative intent that defendant convicted of that offense may be sentenced to any term of years above the minimum, including life imprisonment. Thurston v. State, 791 S.W.2d 893 (Mo.App.E.D.).
MO Rev Stat § 557.026 (2021)
2021 Missouri Revised Statutes|Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders|Chapter 557 - General Sentencing Provisions|Section 557.026 - Presentence investigation and sentencing assessment report — inquiry of victim, when.

Effective - 01 Jan 2017, 2 histories   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 sentencing assessment report to the court before any authorized disposition is made under section 557.011. In all class A misdemeanor cases a probation officer shall, if directed by the court, conduct a presentence investigation and make a sentencing assessment report to the court before any authorized disposition is made under section 557.011. The report shall not be submitted to the court or its contents disclosed to anyone until the defendant has been found guilty.  2. The sentencing assessment report shall be prepared, presented and utilized as provided by rule of court, except that no court shall prevent the defendant or the attorney for the defendant from having access to the complete sentencing assessment report and recommendations before any authorized disposition is made under section 557.011.  3. The defendant shall not be obligated to make any statement to a probation officer in connection with any sentencing assessment report.  4. When the jury enters a finding of guilt and assesses punishment, the probation officer shall, as part of the presentence investigation, inquire of the victim of the offense for which such punishment was assessed of the facts of the offense and any personal injury or financial loss incurred by the victim. If the victim is dead or otherwise unable to make a statement, the probation officer shall attempt to obtain such information from a member of the immediate family of the victim. ­­-------- (L. 1977 S.B. 60, A.L. 1984 S.B. 611, A.L. 1986 S.B. 618 & 562, A.L. 2014 S.B. 491)  Effective 1-01-17  CROSS REFERENCE:  Juvenile court records available for presentence investigation, certain cases, 211.321
MO Rev Stat § 557.031 (2021)
2021 Missouri Revised Statutes|Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders|Chapter 557 - General Sentencing Provisions|Section 557.031 - Presentence commitment for study.

Effective - 01 Jan 2017, 2 histories   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 disorder, and the court desires more detailed information about the defendant's mental condition before making an authorized disposition under section 557.011, it may order the commitment of the defendant for mental examination.  2. The court may commit the defendant to a facility of the department of mental health or to a hospital and order the defendant examined by such person or persons as the court or that department or hospital may designate. The cost of guarding and transporting any confined defendant to and from any such facility or other place of examination shall be borne by the county. Any commitment shall be for a period not exceeding thirty days unless extended by the order of the court.  3. Within forty days after the order the person or persons making such examination or examinations shall transmit to the court a report thereof including answers to any specific questions submitted by the court. The clerk of the court shall immediately supply copies of the report to the prosecuting attorney and to the defendant or his attorney.  4. Any period of commitment to a facility of the department of mental health or to a hospital for the purpose of this section shall be credited against any term of imprisonment imposed upon the defendants. ­­-------- (L. 1977 S.B. 60, A.L. 2014 S.B. 491)  Effective 1-01-17
MO Rev Stat § 557.035 (2021)
2021 Missouri Revised Statutes|Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders|Chapter 557 - General Sentencing Provisions|Section 557.035 - Hate offenses — provides enhanced penalties for motivational factors in certain offenses.

Effective - 28 Aug 2017, 3 histories   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 section 571.030, which the state believes to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation or disability of the victim or victims, the state may charge the offense or offenses under this section, and the violation is a class D felony.  2. For all violations of section 565.056; subdivision (1) of subsection 1 of section 569.090; subdivision (1) of subsection 1 of section 569.120; section 569.140; or section 574.050; which the state believes to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation or disability of the victim or victims, the state may charge the offense or offenses under this section, and the violation is a class E felony.  3. The court shall assess punishment in all of the cases in which the state pleads and proves any of the motivating factors listed in this section. ­­-------- (L. 1999 S.B. 328, et al., A.L. 2014 S.B. 491, A.L. 2017 S.B. 34)
MO Rev Stat § 557.045 (2021)
2021 Missouri Revised Statutes|Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders|Chapter 557 - General Sentencing Provisions|Section 557.045 - Ineligibility for probation, SIS, SES, or conditional release, certain offenses.

Effective - 28 Aug 2021, 2 histories   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 be sentenced to a term of imprisonment pursuant to subdivision (1) of subsection 2 of section 557.011:  (1) Second degree murder when a person knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person, as defined in subdivision (1) of subsection 1 of section 565.021;  (2) Any dangerous felony, as the term is defined in section 556.061, where the person has been previously found guilty of a class A or B felony or a dangerous felony;  (3) Any dangerous felony, as the term is defined in section 556.061, where the commission of the felony involves the use of a deadly weapon, as that term is defined in section 556.061; or  (4) Any dangerous felony, as the term is defined in section 556.061, where the victim is a law enforcement officer, firefighter, or an emergency service provider while in the performance of his or her duties. ­­-------- (L. 2020 S.B. 600, A.L. 2021 S.B. 26)
MO Rev Stat § 558.002 (2021)
2021 Missouri Revised Statutes|Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders|Chapter 558 - Imprisonment|Section 558.002 - Fines for felonies.

Effective - 01 Jan 2017   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 misdemeanor, two thousand dollars;  (3) For a class B misdemeanor, one thousand dollars;  (4) For a class C misdemeanor, seven hundred fifty dollars;  (5) For a class D misdemeanor, five hundred dollars;  (6) For an infraction, four hundred dollars; or  (7) If the person has gained money or property through the commission of the offense, to pay an amount, fixed by the court, not exceeding double the amount of the person's gain from the commission of the offense.  2. A sentence to pay a fine, when imposed on a corporation for an offense defined in this code or for any offense defined outside this code for which no specific corporate fine is specified, shall be a sentence to pay an amount, fixed by the court, which does not exceed:  (1) For a felony, twenty thousand dollars;  (2) For a misdemeanor, ten thousand dollars;  (3) For an infraction, one thousand dollars; or  (4) If the corporation has gained money or property through the commission of the offense, to pay an amount, fixed by the court, not exceeding double the amount of the corporation's gain from the commission of the offense.  3. As used in this section the term "gain" means the amount of money or the value of property derived from the commission of the offense. The amount of money or value of property returned to the victim of the offense or seized by or surrendered to lawful authority prior to the time sentence is imposed shall be deducted from the fine. When the court imposes a fine based on gain the court shall make a finding as to the amount of the offender's gain from the crime. If the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue. ­­-------- (L. 1977 S.B. 60, A.L. 2014 S.B. 491)  Transferred 2014; formerly 560.011; Effective 1-01-17
MO Rev Stat § 558.003 (2021)
2021 Missouri Revised Statutes|Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders|Chapter 558 - Imprisonment|Section 558.003 - Fine for juvenile justice preservation fund, when, amount.

Effective - 28 Aug 2018   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 in the juvenile justice preservation fund, created under section 211.435. The provisions of this section shall expire if the provisions of subsection 1 of section 211.435 expire. ­­-------- (L. 2018 S.B. 793 merged with S.B. 800)
MO Rev Stat § 558.004 (2021)
2021 Missouri Revised Statutes|Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders|Chapter 558 - Imprisonment|Section 558.004 - Imposition of fines.

Effective - 01 Jan 2017   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 an offender to pay a fine in any amount which will prevent him or her from making restitution or reparation to the victim of the offense.  2. When any other disposition is authorized by statute, the court shall not sentence an individual to pay a fine only unless, having regard to the nature and circumstances of the offense and the history and character of the offender, it is of the opinion that the fine alone will suffice for the protection of the public.  3. The court shall not sentence an individual to pay a fine in addition to any other sentence authorized by section 557.011 unless:  (1) He or she has derived a pecuniary gain from the offense; or  (2) The court is of the opinion that a fine is uniquely adapted to deterrence of the type of offense involved or to the correction of the defendant.  4. When an offender is sentenced to pay a fine, the court may provide for the payment to be made within a specified period of time or in specified installments. If no such provision is made a part of the sentence, the fine shall be payable forthwith.  5. When an offender is sentenced to pay a fine, the court shall not impose at the same time an alternative sentence to be served in the event that the fine is not paid. The response of the court to nonpayment shall be determined only after the fine has not been paid, as provided in section 558.006. ­­-------- (L. 1977 S.B. 60, A.L. 2014 S.B. 491)  Transferred 2014; formerly 560.026; Effective 1-01-17
MO Rev Stat § 558.006 (2021)
2021 Missouri Revised Statutes|Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders|Chapter 558 - Imprisonment|Section 558.006 - Nonpayment of fine, means to collect.

Effective - 28 Aug 2019, 2 histories   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 real estate, or may be waived at the discretion of the sentencing judge. ­­-------- (L. 1977 S.B. 60, A.L. 2014 S.B. 491, A.L. 2019 H.B. 192)  Transferred 2014; formerly 560.031; Effective 1-01-17
MO Rev Stat § 558.008 (2021)
2021 Missouri Revised Statutes|Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders|Chapter 558 - Imprisonment|Section 558.008 - Revocation of a fine.

Effective - 01 Jan 2017   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 imposition of the fine no longer exist or that it would otherwise be unjust to require payment of the fine, the court may revoke the fine or the unpaid portion in whole or in part or may modify the method of payment. ­­-------- (L. 1977 S.B. 60, A.L. 2014 S.B. 491)  Transferred 2014; formerly 560.036; Effective 1-01-17