reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 562 - General Principles of Liability › Section 562.021 - Culpable mental state, application.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 562
Effective - 28 Aug 1997
562.021. Culpable mental state, application. —
1. If the definition of any offense prescribes a culpable mental state but does not specify the conduct, attendant circumstances or result to which it applies, the prescribed culpable mental state applies to each such material element.
2. If the definition of an offense prescribes a culpable mental state with regard to a particular element or elements of that offense, the prescribed culpable mental state shall be required only as to specified element or elements, and a culpable mental state shall not be required as to any other element of the offense.
3. Except as provided in subsection 2 of this section and section 562.026, if the definition of any offense does not expressly prescribe a culpable mental state for any elements of the offense, a culpable mental state is nonetheless required and is established if a person acts purposely or knowingly; but reckless or criminally negligent acts do not establish such culpable mental state.
4. If the definition of an offense prescribes criminal negligence as the culpable mental state, it is also established if a person acts purposely or knowingly or recklessly. When recklessness suffices to establish a culpable mental state, it is also established if a person acts purposely or knowingly. When acting knowingly suffices to establish a culpable mental state, it is also established if a person acts purposely.
5. Knowledge that conduct constitutes an offense, or knowledge of the existence, meaning or application of the statute defining an offense is not an element of an offense unless the statute clearly so provides.
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(L. 1977 S.B. 60, A.L. 1993 S.B. 167, A.L. 1997 S.B. 89)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 562 - General Principles of Liability › Section 562.026 - Culpable mental state, when not required.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 562
• Effective - 28 Aug 1997
562.026. Culpable mental state, when not required. —
A culpable mental state is not required:
(1) If the offense is an infraction and no culpable mental state is prescribed by the statute defining the offense; or
(2) If the offense is a felony or misdemeanor and no culpable mental state is prescribed by the statute defining the offense, and imputation of a culpable mental state to the offense is clearly inconsistent with the purpose of the statute defining the offense or may lead to an absurd or unjust result.
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(L. 1977 S.B. 60, A.L. 1997 S.B. 89)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 562 - General Principles of Liability › Section 562.031 - Ignorance and mistake.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 562
• Effective - 01 Jan 2017, 2 histories, see footnote
562.031. Ignorance and mistake. —
1. A person is not relieved of criminal liability for conduct because he or she engages in such conduct under a mistaken belief of fact or law unless such mistake negatives the existence of the mental state required by the offense.
2. A person is not relieved of criminal liability for conduct because he or she believes his or her conduct does not constitute an offense unless his or her belief is reasonable and:
(1) The offense is defined by an administrative regulation or order which is not known to him or her and has not been published or otherwise made reasonably available to him or her, and he or she could not have acquired such knowledge by the exercise of due diligence pursuant to facts known to him or her; or
(2) He or she acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in:
(a) A statute;
(b) An opinion or order of an appellate court; or
(c) An official interpretation of the statute, regulation or order defining the offense made by a public official or agency legally authorized to interpret such statute, regulation or order.
3. The burden of injecting the issue of reasonable belief that conduct does not constitute an offense under subdivisions (1) and (2) of subsection 2 of this section is on the defendant.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 562 - General Principles of Liability › Section 562.036 - Accountability for conduct.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 562
• Effective - 01 Jan 2017, 2 histories, see footnote
562.036. Accountability for conduct. —
A person with the required culpable mental state is guilty of an offense if it is committed by his or her own conduct or by the conduct of another person for which he or she is criminally responsible, or both.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 562 - General Principles of Liability › Section 562.041 - Responsibility for the conduct of another.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 562
• Effective - 01 Jan 2017, 2 histories, see footnote
562.041. Responsibility for the conduct of another. —
1. A person is criminally responsible for the conduct of another when:
(1) The statute defining the offense makes him or her so responsible; or
(2) Either before or during the commission of an offense with the purpose of promoting the commission of an offense, he or she aids or agrees to aid or attempts to aid such other person in planning, committing or attempting to commit the offense.
2. However, a person is not so responsible if:
(1) He or she is the victim of the offense committed or attempted;
(2) The offense is so defined that his or her conduct was necessarily incident to the commission or attempt to commit the offense. If his or her conduct constitutes a related but separate offense, he or she is criminally responsible for that offense but not for the conduct or offense committed or attempted by the other person;
(3) Before the commission of the offense such person abandons his or her purpose and gives timely warning to law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense.
3. The defense provided by subdivision (3) of subsection 2 of this section is an affirmative defense.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
(1997) Female can be held guilty of rape where she aids a male in committing the rape, even though she cannot commit a rape individually. Bass v. State, 950 S.W.2d 940 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 562 - General Principles of Liability › Section 562.046 - Defense precluded.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 562
Effective - 01 Jan 1979, see footnote
562.046. Defense precluded. —
It is no defense to any prosecution for an offense in which the criminal responsibility of the defendant is based upon the conduct of another that
(1) Such other person has been acquitted or has not been convicted or has been convicted of some other offense or degree of offense or lacked criminal capacity or was unaware of the defendant's criminal purpose or is immune from prosecution or is not amenable to justice; or
(2) The defendant does not belong to that class of persons who was legally capable of committing the offense in an individual capacity.
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(L. 1977 S.B. 60)
Effective 1-01-79
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 562 - General Principles of Liability › Section 562.051 - Conviction of different degrees of offenses.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 562
• Effective - 01 Jan 2017, 2 histories, see footnote
562.051. Conviction of different degrees of offenses. —
Except as otherwise provided, when two or more persons are criminally responsible for an offense which is divided into degrees, each person is guilty of such degree as is compatible with his or her own culpable mental state and with his or her own accountability for an aggravating or mitigating fact or circumstance.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 562 - General Principles of Liability › Section 562.056 - Liability of corporations and unincorporated associations.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 562
• Effective - 01 Jan 2017, 2 histories, see footnote
562.056. Liability of corporations and unincorporated associations. —
1. A corporation is guilty of an offense if:
(1) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or
(2) The conduct constituting the offense is engaged in by an agent of the corporation while acting within the scope of his or her employment and in behalf of the corporation, and the offense is a misdemeanor or an infraction, or the offense is one defined by a statute that clearly indicates a legislative intent to impose such criminal liability on a corporation; or
(3) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of his or her employment and in behalf of the corporation.
2. An unincorporated association is guilty of an offense if:
(1) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on the association by law; or
(2) The conduct constituting the offense is engaged in by an agent of the association while acting within the scope of his or her employment and in behalf of the association and the offense is one defined by a statute that clearly indicates a legislative intent to impose such criminal liability on the association.
3. As used in this section:
(1)
"Agent"
means any director, officer or employee of a corporation or unincorporated association or any other person who is authorized to act in behalf of the corporation or unincorporated association;
(2)
"High managerial agent"
means an officer of a corporation or any other agent in a position of comparable authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 562 - General Principles of Liability › Section 562.061 - Liability of individual for conduct of corporation or unincorporated association.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 562
• Effective - 01 Jan 2017, 2 histories, see footnote
562.061. Liability of individual for conduct of corporation or unincorporated association. —
A person is criminally liable for conduct constituting an offense which he or she performs or causes to be performed in the name of or in behalf of a corporation or unincorporated association to the same extent as if such conduct were performed in his or her own name or behalf.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 562 - General Principles of Liability › Section 562.066 - Entrapment.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 562
• Effective - 01 Jan 2017, 2 histories, see footnote
562.066. Entrapment. —
1. The commission of acts which would otherwise constitute an offense is not criminal if the actor engaged in the prescribed conduct because he or she was entrapped by a law enforcement officer or a person acting in cooperation with such an officer.
2. An
"entrapment"
is perpetuated if a law enforcement officer or a person acting in cooperation with such an officer, for the purpose of obtaining evidence of the commission of an offense, solicits, encourages or otherwise induces another person to engage in conduct when he or she was not ready and willing to engage in such conduct.
3. The relief afforded by subsection 1 of this section is not available as to any crime which involves causing physical injury to or placing in danger of physical injury a person other than the person perpetrating the entrapment.
4. The defendant shall have the burden of injecting the issue of entrapment.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 562 - General Principles of Liability › Section 562.071 - Duress.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 562
• Effective - 01 Jan 2017, 2 histories, see footnote
562.071. Duress. —
1. It is an affirmative defense that the defendant engaged in the conduct charged to constitute an offense because he or she was coerced to do so, by the use of, or threatened imminent use of, unlawful physical force upon him or her or a third person, which force or threatened force a person of reasonable firmness in his situation would have been unable to resist.
2. The defense of
"duress"
as defined in subsection 1 is not available:
(1) As to the crime of murder;
(2) As to any offense when the defendant recklessly places himself or herself in a situation in which it is probable that he or she will be subjected to the force or threatened force described in subsection 1 of this section.
­­--------
(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
(1984) Duress is not available as a defense to first degree felony murder. State v. Rumble (Mo. banc), 680 S.W.2d 939.
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 562 - General Principles of Liability › Section 562.076 - Intoxicated or drugged condition.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 562
• Effective - 01 Jan 2017, 2 histories, see footnote
562.076. Intoxicated or drugged condition. —
1. A person who is in an intoxicated or drugged condition, whether from alcohol, drugs or other substance, is criminally responsible for conduct unless such condition is involuntarily produced and deprived him or her of the capacity to know or appreciate the nature, quality or wrongfulness of his or her conduct.
2. The defendant shall have the burden of injecting the issue of intoxicated or drugged condition.
3. Evidence that a person was in a voluntarily intoxicated or drugged condition may be admissible when otherwise relevant on issues of conduct but in no event shall it be admissible for the purpose of negating a mental state which is an element of the offense. In a trial by jury, the jury shall be so instructed when evidence that a person was in a voluntarily intoxicated or drugged condition has been received into evidence.
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(L. 1977 S.B. 60, A.L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A--effective 10-1-84, A.L. 1993 S.B. 167, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 562 - General Principles of Liability › Section 562.086 - Lack of responsibility because of mental disease or defect.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 562
• Effective - 01 Jan 2017, 2 histories, see footnote
562.086. Lack of responsibility because of mental disease or defect. —
1. A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he was incapable of knowing and appreciating the nature, quality or wrongfulness of his or her conduct.
2. The procedures for the defense of lack of responsibility because of mental disease or defect are governed by the provisions of chapter 552.
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(L. 1977 S.B. 60, A.L. 1993 S.B. 180, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 563 - Defense of Justification › Section 563.011 - Chapter definitions.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 563
• Effective - 28 Aug 2018, 3 histories
563.011. Chapter definitions. —
As used in this chapter the following terms shall mean:
(1)
"Armed nuclear security guard"
, a security guard who works at a nuclear power plant, who is employed as part of the security plan approved by the United States Nuclear Regulatory Commission, and who meets the requirements mandated by the United States Nuclear Regulatory Commission for carrying a firearm;
(2)
"Deadly force"
, physical force which the actor uses with the purpose of causing or which he or she knows to create a substantial risk of causing death or serious physical injury;
(3)
"Dwelling"
, any building, inhabitable structure, or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night;
(4)
"Forcible felony"
, any felony involving the use or threat of physical force or violence against any individual, including but not limited to murder, robbery, burglary, arson, kidnapping, assault, and any forcible sexual offense;
(5)
"Premises"
, includes any building, inhabitable structure and any real property;
(6)
"Private person"
, any person other than a law enforcement officer;
(7)
"Private property"
, any real property in this state that is privately owned or leased;
(8)
"Remain after unlawfully entering"
, to remain in or upon premises after unlawfully entering as defined in this section;
(9)
"Residence"
, a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest;
(10)
"Structure or fenced yard"
, any structure, fenced yard, wall, building, other similar barrier, or any combination of the foregoing that is located on the real property of a nuclear power plant and that is posted with signage indicating it is a felony to trespass;
(11)
"Unlawfully enter"
, a person unlawfully enters in or upon premises or private property when he or she enters such premises or private property and is not licensed or privileged to do so. A person who, regardless of his or her purpose, enters in or upon private property or premises that are at the time open to the public does so with license unless he or she defies a lawful order not to enter, personally communicated to him or her by the owner of such premises or by another authorized person. A license to enter in a building that is only partly open to the public is not a license to enter in that part of the building that is not open to the public.
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(L. 1977 S.B. 60, A.L. 2007 S.B. 62 & 41, A.L. 2010 H.B. 1692, et al., A.L. 2018 H.B. 1797)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 563 - Defense of Justification › Section 563.016 - Civil remedies unaffected.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 563
• Effective - 01 Jan 1979, see footnote
563.016. Civil remedies unaffected. —
The fact that conduct is justified under this chapter does not abolish or impair any remedy for such conduct which is available in any civil actions.
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(L. 1977 S.B. 60)
Effective 1-01-79
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 563 - Defense of Justification › Section 563.021 - Execution of public duty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 563
• Effective - 01 Jan 2017, 2 histories, see footnote
563.021. Execution of public duty. —
1. Unless inconsistent with the provisions of this chapter defining the justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when such conduct is required or authorized by a statutory provision or by a judicial decree. Among the kinds of such provisions and decrees are:
(1) Laws defining duties and functions of public servants;
(2) Laws defining duties of private persons to assist public servants in the performance of their functions;
(3) Laws governing the execution of legal process;
(4) Laws governing the military services and the conduct of war;
(5) Judgments and orders of courts.
2. The defense of justification afforded by subsection 1 of this section applies:
(1) When a person reasonably believes his or her conduct to be required or authorized by the judgment or directions of a competent court or tribunal or in the legal execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process;
(2) When a person reasonably believes his or her conduct to be required or authorized to assist a public servant in the performance of his or her duties, notwithstanding that the public servant exceeded his or her legal authority.
3. The defendant shall have the burden of injecting the issue of justification under this section.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 563 - Defense of Justification › Section 563.026 - Justification generally.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 563
• Effective - 01 Jan 2017, 2 histories, see footnote
563.026. Justification generally. —
1. Unless inconsistent with other provisions of this chapter defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute any offense other than a class A felony or murder is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no fault of the actor, and which is of such gravity that, according to ordinary standards of intelligence and morality, the desirability of avoiding the injury outweighs the desirability of avoiding the injury sought to be prevented by the statute defining the offense charged.
2. The necessity and justifiability of conduct under subsection 1 of this section may not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. Whenever evidence relating to the defense of justification under this section is offered, the court shall rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.
3. The defense of justification under this section is an affirmative defense.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 563 - Defense of Justification › Section 563.046 - Law enforcement officer's use of force in making an arrest.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 563
• Effective - 01 Jan 2017, 4 histories, see footnote
563.046. Law enforcement officer's use of force in making an arrest. —
1. A law enforcement officer need not retreat or desist from efforts to effect the arrest, or from efforts to prevent the escape from custody, of a person he or she reasonably believes to have committed an offense because of resistance or threatened resistance of the arrestee. In addition to the use of physical force authorized under other sections of this chapter, a law enforcement officer is, subject to the provisions of subsections 2 and 3, justified in the use of such physical force as he or she reasonably believes is immediately necessary to effect the arrest or to prevent the escape from custody.
2. The use of any physical force in making an arrest is not justified under this section unless the arrest is lawful or the law enforcement officer reasonably believes the arrest is lawful, and the amount of physical force used was objectively reasonable in light of the totality of the particular facts and circumstances confronting the officer on the scene, without regard to the officer's underlying intent or motivation.
3. In effecting an arrest or in preventing an escape from custody, a law enforcement officer is justified in using deadly force only:
(1) When deadly force is authorized under other sections of this chapter; or
(2) When the officer reasonably believes that such use of deadly force is immediately necessary to effect the arrest or prevent an escape from custody and also reasonably believes that the person to be arrested:
(a) Has committed or attempted to commit a felony offense involving the infliction or threatened infliction of serious physical injury; or
(b) Is attempting to escape by use of a deadly weapon or dangerous instrument; or
(c) May otherwise endanger life or inflict serious physical injury to the officer or others unless arrested without delay.
4. The defendant shall have the burden of injecting the issue of justification under this section.
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(L. 1977 S.B. 60, A.L. 2016 H.B. 2332)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 563 - Defense of Justification › Section 563.051 - Private person's use of force in making an arrest.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 563
• Effective - 01 Jan 2017, 2 histories, see footnote
563.051. Private person's use of force in making an arrest. —
1. A private person who has been directed by a person he or she reasonably believes to be a law enforcement officer to assist such officer to effect an arrest or to prevent escape from custody may, subject to the limitations of subsection 3 of this section, use physical force when and to the extent that he or she reasonably believes such to be necessary to carry out such officer's direction unless he or she knows or believes that the arrest or prospective arrest is not or was not authorized.
2. A private person acting on his or her own account may, subject to the limitations of subsection 3 of this section, use physical force to arrest or prevent the escape of a person whom such private person reasonably believes has committed an offense, and who in fact has committed such offense, when the private person's actions are immediately necessary to arrest the offender or prevent his or her escape from custody.
3. A private person in effecting an arrest or in preventing escape from custody is justified in using deadly force only:
(1) When deadly force is authorized under other sections of this chapter; or
(2) When he or she reasonably believes deadly force is authorized under the circumstances and he or she is directed or authorized by a law enforcement officer to use deadly force; or
(3) When he or she reasonably believes such use of deadly force is immediately necessary to arrest a person who at that time and in his or her presence:
(a) Committed or attempted to commit a class A felony or murder; or
(b) Is attempting to escape by use of a deadly weapon.
4. The defendant shall have the burden of injecting the issue of justification under this section.
­­--------
(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 563 - Defense of Justification › Section 563.056 - Use of force to prevent escape from confinement.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 563
• Effective - 01 Jan 2017, 2 histories, see footnote
563.056. Use of force to prevent escape from confinement. —
1. A guard or other law enforcement officer may, subject to the provisions of subsection 2 of this section, use physical force when he reasonably believes such to be immediately necessary to prevent escape from confinement or in transit thereto or therefrom.
2. A guard or other law enforcement officer may use deadly force under circumstances described in subsection 1 of this section only:
(1) When such use of deadly force is authorized under other sections of this chapter; or
(2) When he or she reasonably believes there is a substantial risk that the escapee will endanger human life or cause serious physical injury unless the escape is prevented.
3. The defendant shall have the burden of injecting the issue of justification under this section.
­­--------
(L. 1977 S.B. 60, A.L. 1983 H.B. 713 Revision, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 563 - Defense of Justification › Section 563.070 - Accidents an excuse for offense, when.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 563
• Effective - 01 Jan 2017, 3 histories, see footnote
563.070. Accidents an excuse for offense, when. —
1. Conduct which would otherwise constitute an offense under chapter 565 is excusable and not criminal when it is the result of accident in any lawful act by lawful means without knowingly causing or attempting to cause physical injury and without acting with criminal negligence.
2. The defendant shall have the burden of injecting the issue of excuse authorized under this section.
­­--------
(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 563 - Defense of Justification › Section 563.074 - Justification as an absolute defense, when.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 563
• Effective - 28 Aug 2007
563.074. Justification as an absolute defense, when. —
1. Notwithstanding the provisions of section 563.016, a person who uses force as described in sections 563.031, 563.041, 563.046, 563.051, 563.056, and 563.061 is justified in using such force and such fact shall be an absolute defense to criminal prosecution or civil liability.
2. The court shall award attorney's fees, court costs, and all reasonable expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant has an absolute defense as provided in subsection 1 of this section.
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(L. 2007 S.B. 62 & 41)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.001 - Procedure for chapter 565.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Oct 1984, 2 histories, see footnote
565.001. Procedure for chapter 565. —
1. The provisions of this chapter shall govern the construction and procedures for charging, trial, punishment and appellate review of any offense defined in this chapter and committed after July 1, 1984.
2. The provisions of this chapter shall not govern the construction or procedures for charging, trial, punishment or appellate review of any offense committed before the effective date of this chapter. Such an offense must be construed, punished, charged, tried and reviewed on appeal according to applicable provisions of law existing prior to the effective date of this chapter in the same manner as if this chapter had not been enacted, the provisions of section 1.160 notwithstanding.
3. All provisions of "The Criminal Code" or other law consistent with the provisions of this chapter shall apply to this chapter. In the event of a conflict, the provisions of this chapter shall govern the interpretation of the provisions of this chapter.
4. Persons accused of committing a homicide offense shall be prosecuted:
(1) In the county in which the offense is committed; or
(2) If the offense is committed partly in one county and partly in another, or if the elements of the offense occur in more than one county, then in any of the counties where any element of the offense occurred; or
(3) In the county in which the body of the deceased victim is found; or
(4) If subdivisions (1), (2), and (3) of this subsection do not apply, then in the county in which the victim lived.
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(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A)
Effective 10-01-84
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.003 - Culpable mental state may exist though different person killed — transfer of intent, when — time between act and death no defense.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 28 Aug 2023, 3 histories
565.003. Culpable mental state may exist though different person killed — transfer of intent, when — time between act and death no defense. —
1. (1) The culpable mental state necessary for a homicide offense may be found to exist if the only difference between what actually occurred and what was the object of the offender's state of mind is that a different person or persons were killed.
(2) It shall not be a defense to a homicide charge that the identity of the person the offender intended to kill cannot be established. If the state proves beyond a reasonable doubt that the offender had the requisite mental state toward a specific person or a general class of persons who are not identified or who are not identifiable, such intent shall be transferred to a person who is killed by the offender while such mental state existed.
2. The length of time which transpires between conduct which results in a death and is the basis of a homicide offense and the event of such death is no defense to any charge of homicide.
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(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2023 S.B. 227)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.005 - Prior to trial for first degree murder, opposing counsels to furnish requested information, rules applied.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
Effective - 01 Oct 1984, 2 histories, see footnote
565.005. Prior to trial for first degree murder, opposing counsels to furnish requested information, rules applied. —
1. At a reasonable time before the commencement of the first stage of any trial of murder in the first degree at which the death penalty is not waived, the state and defendant, upon request and without order of the court, shall serve counsel of the opposing party with:
(1) A list of all aggravating or mitigating circumstances as provided in subsection 1 of section 565.032, which the party intends to prove at the second stage of the trial;
(2) The names of all persons whom the party intends to call as witnesses at the second stage of the trial;
(3) Copies or locations and custodian of any books, papers, documents, photographs or objects which the party intends to offer at the second stage of the trial. If copies of such materials are not supplied to opposing counsel, the party shall cause them to be made available for inspection and copying without order of the court.
2. The disclosures required in subsection 1 of this section are supplemental to those required by rules of the supreme court relating to a continuing duty to disclose information, the use of matters disclosed, matters not subject to disclosure, protective orders, and sanctions for failure to comply with an applicable discovery rule or order, all of which shall also apply to any disclosure required by this section.
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(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A)
Effective 10-01-84
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.006 - Waiver of jury trial permitted, when.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
Effective - 01 Oct 1984, 2 histories, see footnote
565.006. Waiver of jury trial permitted, when. —
1. At any time before the commencement of the trial of a homicide offense, the defendant may, with the assent of the court, waive a trial by jury and agree to submit all issues in the case to the court, whose finding shall have the force and effect of a verdict of a jury. Such a waiver must include a waiver of a trial by jury of all issues and offenses charged in the case, including the punishment to be assessed and imposed if the defendant is found guilty.
2. No defendant who pleads guilty to a homicide offense or who is found guilty of a homicide offense after trial to the court without a jury shall be permitted a trial by jury on the issue of the punishment to be imposed, except by agreement of the state.
3. If a defendant is found guilty of murder in the first degree after a jury trial in which the state has not waived the death penalty, the defendant may not waive a jury trial of the issue of the punishment to be imposed, except by agreement with the state and the court.
4. Any waiver of a jury trial and agreement permitted by this section shall be entered in the court record.
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(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A)
Effective 10-01-84
(2002) Arizona statute allowing trial judge to determine presence or absence of aggravating factors required for imposition of death penalty violates Sixth Amendment right to a jury trial. Ring v. Arizona, 122 S.Ct. 2428 (U.S. Supreme Court).
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.010 - Consent as a defense.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, see footnote
565.010. Consent as a defense. —
1. When conduct is charged to constitute an offense because it causes or threatens physical injury, consent to that conduct or to the infliction of the injury is a defense only if:
(1) The physical injury consented to or threatened by the conduct is not serious physical injury; or
(2) The conduct and the harm are reasonably foreseeable hazards of:
(a) The victim's occupation or profession; or
(b) Joint participation in a lawful athletic contest or competitive sport; or
(3) The consent establishes a justification for the conduct under chapter 563 of this code.
2. The defendant shall have the burden of injecting the issue of consent.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Transferred 2014; formerly 565.080; Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.020 - First degree murder, penalty — person under eighteen years of age, penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 13 Jul 2016, 2 histories, see footnote
565.020. First degree murder, penalty — person under eighteen years of age, penalty. —
1. A person commits the offense of murder in the first degree if he or she knowingly causes the death of another person after deliberation upon the matter.
2. The offense of murder in the first degree is a class A felony, and, if a person is eighteen years of age or older at the time of the offense, the punishment shall be either death or imprisonment for life without eligibility for probation or parole, or release except by act of the governor. If a person has not reached his or her eighteenth birthday at the time of the commission of the offense, the punishment shall be as provided under section 565.033.
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(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 1990 H.B. 974, A.L. 2016 S.B. 590)
Effective 7-13-16
CROSS REFERENCE:
Execution, location, duties of the warden, 546.730
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.021 - Second degree murder, penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 3 histories, see footnote
565.021. Second degree murder, penalty. —
1. A person commits the offense of murder in the second degree if he or she:
(1) 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; or
(2) Commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony.
2. The offense of murder in the second degree is a class A felony, and the punishment for second degree murder shall be in addition to the punishment for commission of a related felony or attempted felony, other than murder or manslaughter.
3. Notwithstanding section 556.046 and section 565.029, in any charge of murder in the second degree, the jury shall be instructed on, or, in a jury-waived trial, the judge shall consider, any and all of the subdivisions in subsection 1 of this section which are supported by the evidence and requested by one of the parties or the court.
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(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2014 S.B. 491)
Effective 1-01-17
CROSS REFERENCE:
No bail, certain defendants, certain offenses, 544.671
(1990) Reduction in sentence was available to defendant when statute which limited maximum term of imprisonment became effective before state brought charges but after crime was committed. (Mo.App.) Searcy v. State, 784 S.W.2d 911.
(1998) Defendant may be charged under the felony murder statute instead of involuntary manslaughter at the prosecutor's discretion when both apply. State v. Pembleton, 978 S.W.2d 352 (E.D.Mo.).
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.023 - Voluntary manslaughter, penalty — under influence of sudden passion, defendant's burden to inject.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 2 histories, see footnote
565.023. Voluntary manslaughter, penalty — under influence of sudden passion, defendant's burden to inject. —
1. A person commits the offense of voluntary manslaughter if he or she:
(1) Causes the death of another person under circumstances that would constitute murder in the second degree under subdivision (1) of subsection 1 of section 565.021, except that he or she caused the death under the influence of sudden passion arising from adequate cause; or
(2) Knowingly assists another in the commission of self-murder.
2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section.
3. The offense of voluntary manslaughter is a class B felony.
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(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.024 - Involuntary manslaughter, first degree, penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 28 Aug 2017, 6 histories
565.024. Involuntary manslaughter, first degree, penalty. —
1. A person commits the offense of involuntary manslaughter in the first degree if he or she recklessly causes the death of another person.
2. The offense of involuntary manslaughter in the first degree is a class C felony, unless the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which case it is a class B felony.
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(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 1986 H.B. 1596, A.L. 1999 S.B. 328, et al., A.L. 2005 H.B. 972 merged with S.B. 37, et al., A.L. 2005 1st Ex. Sess. H.B. 2, A.L. 2006 S.B. 872, et al., A.L. 2008 H.B. 1715, A.L. 2014 S.B. 491, A.L. 2017 S.B. 34)
(1992) Definition of "person" in section 1.205, RSMo, which includes unborn children is applicable to other statutes and court concludes that it applies at least to this section, the involuntary manslaughter statute. State v. Knapp, 843 S.W.2d 345 (Mo. en banc).
(2018) Amended version of section, which repealed provision requiring prisoner to serve a mandatory minimum of eighty-five percent of sentence before becoming parole eligible, was not retroactively applicable to prisoner entering Alford plea under prior version of section. Fields v. Missouri Bd. of Probation and Parole, 559 S.W.3d 12 (Mo.App. W.D.).
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.027 - Involuntary manslaughter, second degree, penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 28 Aug 2017, 2 histories
565.027. Involuntary manslaughter, second degree, penalty. —
1. A person commits the offense of involuntary manslaughter in the second degree if he or she acts with criminal negligence to cause the death of any person.
2. The offense of involuntary manslaughter in the second degree is a class E felony, unless the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which case it is a class D felony.
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(L. 2014 S.B. 491, A.L. 2017 S.B. 34)