reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.029 - Lesser degree offenses in homicide cases — instruction on lesser offenses, when.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, see footnote
565.029. Lesser degree offenses in homicide cases — instruction on lesser offenses, when. —
1. With the exceptions provided in subsection 3 of this section and subsection 3 of section 565.021, section 556.046 shall be used for the purpose of consideration of lesser offenses by the trier in all homicide cases.
2. The following lists shall comprise, in the order listed, the lesser degree offenses:
(1) The lesser degree offenses of murder in the first degree are:
(a) Murder in the second degree under subdivisions (1) and (2) of subsection 1 of section 565.021;
(b) Voluntary manslaughter under subdivision (1) of subsection 1 of section 565.023;
(c) Involuntary manslaughter in the first degree; and
(d) Involuntary manslaughter in the second degree;
(2) The lesser degree offenses of murder in the second degree are:
(a) Voluntary manslaughter under subdivision (1) of subsection 1 of section 565.023;
(b) Involuntary manslaughter in the first degree; and
(c) Involuntary manslaughter in the second degree.
3. No instruction on a lesser included offense shall be submitted unless 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)
Transferred 2014; formerly 565.025; 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 565.033 - Person under eighteen, sentencing — factors to be considered, jury instructions.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 13 Jul 2016, see footnote
565.033. Person under eighteen, sentencing — factors to be considered, jury instructions. —
1. A person found guilty of murder in the first degree who was under the age of eighteen at the time of the commission of the offense shall be sentenced to a term of life without eligibility for probation or parole as provided in section 565.034, life imprisonment with eligibility for parole, or not less than thirty years and not to exceed forty years imprisonment.
2. When assessing punishment in all first degree murder cases in which the defendant was under the age of eighteen at the time of the commission of the offense or offenses, the judge in a jury-waived trial shall consider, or the judge shall include in instructions to the jury for it to consider, the following factors:
(1) The nature and circumstances of the offense committed by the defendant;
(2) The degree of the defendant's culpability in light of his or her age and role in the offense;
(3) The defendant's age, maturity, intellectual capacity, and mental and emotional health and development at the time of the offense;
(4) The defendant's background, including his or her family, home, and community environment;
(5) The likelihood for rehabilitation of the defendant;
(6) The extent of the defendant's participation in the offense;
(7) The effect of familial pressure or peer pressure on the defendant's actions;
(8) The nature and extent of the defendant's prior criminal history, including whether the offense was committed by a person with a prior record of conviction for murder in the first degree, or one or more serious assaultive criminal convictions;
(9) The effect of characteristics attributable to the defendant's youth on the defendant's judgment; and
(10) A statement by the victim or the victim's family member as provided by section 557.041 until December 31, 2016, and beginning January 1, 2017, section 595.229.
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(L. 2016 S.B. 590)
Effective 7-13-16
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.040 - Death penalty, if held unconstitutional, resentencing procedure.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
Effective - 28 Aug 2016, 2 histories
565.040. Death penalty, if held unconstitutional, resentencing procedure. —
1. In the event that the death penalty provided in this chapter is held to be unconstitutional, any person convicted of murder in the first degree shall be sentenced by the court to life imprisonment without eligibility for probation, parole, or release except by act of the governor, with the exception that when a specific aggravating circumstance found in a case is held to be unconstitutional or invalid for another reason, the supreme court of Missouri is further authorized to remand the case for resentencing or retrial of the punishment pursuant to subsection 5 of section 565.035.
2. In the event that any death sentence imposed pursuant to this chapter is held to be unconstitutional, the trial court which previously sentenced the defendant to death shall cause the defendant to be brought before the court and shall sentence the defendant to life imprisonment without eligibility for probation, parole, or release except by act of the governor, with the exception that when a specific aggravating circumstance found in a case is held to be inapplicable, unconstitutional or invalid for another reason, the supreme court of Missouri is further authorized to remand the case for retrial of the punishment pursuant to subsection 5 of section 565.035.
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(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2016 H.B. 2332 merged with S.B. 590)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.050 - Assault, first degree, penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 2 histories, see footnote
565.050. Assault, first degree, penalty. —
1. A person commits the offense of assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to another person.
2. The offense of assault in the first degree is a class B felony unless in the course thereof the person inflicts serious physical injury on the victim, or if the victim of such assault is a special victim, as the term "special victim" is defined under section 565.002, in which case it is a class A felony.
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(L. 1977 S.B. 60, A.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
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.052 - Assault, second degree, penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, see footnote
565.052. Assault, second degree, penalty. —
1. A person commits the offense of assault in the second degree if he or she:
(1) Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or
(2) Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument; or
(3) Recklessly causes serious physical injury to another person; or
(4) Recklessly causes physical injury to another person by means of discharge of a firearm.
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 assault in the second degree is a class D felony, unless the victim of such assault is a special victim, as the term "special victim" is defined under section 565.002, in which case it is a class B felony.
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(L. 1977 S.B. 60, A.L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, S.B. 602, A.L. 1993 S.B. 180, A.L. 2006 S.B. 872, et al., A.L. 2014 S.B. 491)
Transferred 2014; formerly 565.060; 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 565.054 - Assault in the third degree.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, see footnote
565.054. Assault in the third degree. —
1. A person commits the offense of assault in the third degree if he or she knowingly causes physical injury to another person.
2. The offense of assault in the third degree is a class E felony, unless the victim of such assault is a special victim, as the term "special victim" is defined under section 565.002, in which case it is a class D felony.
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(L. 1977 S.B. 60, A.L. 1998 H.B. 1918, A.L. 2014 S.B. 491)
Transferred 2014; formerly 565.070; Effective 1-01-17
(2015) Offense of third-degree assault is a "nested" lesser included offense within the offense of second-degree assault; therefore, defendant is entitled upon proper request to jury instruction on issue. State v. Randle, 465 S.W.3d 477 (Mo.).
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.056 - Assault in the fourth degree.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, see footnote
565.056. Assault in the fourth degree. —
1. A person commits the offense of assault in the fourth degree if:
(1) The person attempts to cause or recklessly causes physical injury, physical pain, or illness to another person;
(2) With criminal negligence the person causes physical injury to another person by means of a firearm;
(3) The person purposely places another person in apprehension of immediate physical injury;
(4) The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person;
(5) The person knowingly causes or attempts to cause physical contact with a person with a disability, which a reasonable person, who does not have a disability, would consider offensive or provocative; or
(6) The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.
2. Except as provided in subsection 3 of this section, assault in the fourth degree is a class A misdemeanor.
3. Violation of the provisions of subdivision (3) or (6) of subsection 1 of this section is a class C misdemeanor unless the victim is a special victim, as the term "special victim" is defined under section 565.002, in which case a violation of such provisions is a class A misdemeanor.
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(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 565.058 - Special victims — confidentiality of address or place of residence — use of initials in petition.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
Effective - 28 Aug 2021
565.058. Special victims — confidentiality of address or place of residence — use of initials in petition. —
1. Any special victim as defined under section 565.002 shall not be required to reveal any current address or place of residence except to the court in camera for the purpose of determining jurisdiction and venue.
2. Any special victim as defined under section 565.002 may file a petition with the court alleging assault in any degree by using his or her identifying initials instead of his or her legal name if said petition alleges that he or she would be endangered by such disclosure.
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(L. 2021 S.B. 26 merged with S.B. 53 & 60)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.072 - Domestic assault, first degree — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 3 histories, see footnote
565.072. Domestic assault, first degree — penalty. —
1. A person commits the offense of domestic assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to a domestic victim, as the term "domestic victim" is defined under section 565.002.
2. The offense of domestic assault in the first degree is a class B felony unless in the course thereof the person inflicts serious physical injury on the victim, in which case it is a class A felony.
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(L. 2000 H.B. 1677, et al., A.L. 2007 H.B. 583, A.L. 2012 S.B. 628, A.L. 2014 S.B. 491)
Effective 1-01-17
CROSS REFERENCE:
Domestic assault, batterer intervention program ordered, costs, how paid, 595.320
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.073 - Domestic assault, second degree — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 2 histories, see footnote
565.073. Domestic assault, second degree — penalty. —
1. A person commits the offense of domestic assault in the second degree if the act involves a domestic victim, as the term "domestic victim" is defined under section 565.002, and he or she:
(1) Knowingly causes physical injury to such domestic victim by any means, including but not limited to, use of a deadly weapon or dangerous instrument, or by choking or strangulation; or
(2) Recklessly causes serious physical injury to such domestic victim; or
(3) Recklessly causes physical injury to such domestic victim by means of any deadly weapon.
2. The offense of domestic assault in the second degree is a class D felony.
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(L. 2000 H.B. 1677, et al., A.L. 2012 S.B. 628, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371)
Effective 1-01-17
CROSS REFERENCE:
Domestic assault, batterer intervention program ordered, costs, how paid, 595.320
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.074 - Domestic assault, third degree — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 3 histories, see footnote
565.074. Domestic assault, third degree — penalty. —
1. A person commits the offense of domestic assault in the third degree if he or she attempts to cause physical injury or knowingly causes physical pain or illness to a domestic victim, as the term "domestic victim" is defined under section 565.002.
2. The offense of domestic assault in the third degree is a class E felony.
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(L. 2000 H.B. 1677, et al., A.L. 2011 S.B. 320, A.L. 2012 S.B. 628, A.L. 2014 S.B. 491)
Effective 1-01-17
CROSS REFERENCE:
Domestic assault, batterer intervention program ordered, costs, how paid, 595.320
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.076 - Domestic assault in the fourth degree, penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 28 Aug 2017, 2 histories
565.076. Domestic assault in the fourth degree, penalty. —
1. A person commits the offense of domestic assault in the fourth degree if the act involves a domestic victim, as the term "domestic victim" is defined under section 565.002, and:
(1) The person attempts to cause or recklessly causes physical injury, physical pain, or illness to such domestic victim;
(2) With criminal negligence the person causes physical injury to such domestic victim by means of a deadly weapon or dangerous instrument;
(3) The person purposely places such domestic victim in apprehension of immediate physical injury by any means;
(4) The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to such domestic victim;
(5) The person knowingly causes physical contact with such domestic victim knowing he or she will regard the contact as offensive; or
(6) The person knowingly attempts to cause or causes the isolation of such domestic victim by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices or transportation for the purpose of isolation.
2. The offense of domestic assault in the fourth degree is a class A misdemeanor, unless the person has previously been found guilty of the offense of domestic assault, of any assault offense under this chapter, or of any offense against a domestic victim committed in violation of any county or municipal ordinance in any state, any state law, any federal law, or any military law which if committed in this state two or more times would be a violation of this section, in which case it is a class E felony. The offenses described in this subsection may be against the same domestic victim or against different domestic victims.
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(L. 2014 S.B. 491, A.L. 2017 S.B. 34)
CROSS REFERENCE:
Domestic assault, batterer intervention program ordered, costs, how paid, 595.320
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.090 - Harassment, first degree, penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 2 histories, see footnote
565.090. Harassment, first degree, penalty. —
1. A person commits the offense of harassment in the first degree if he or she, without good cause, engages in any act with the purpose to cause emotional distress to another person, and such act does cause such person to suffer emotional distress.
2. The offense of harassment in the first degree is a class E felony.
3. This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of violation of federal, state, county, or municipal law.
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(L. 1977 S.B. 60, A.L. 2008 S.B. 818 & 795, A.L. 2014 S.B. 491)
Effective 1-01-17
(1981) Statute defining offense of harassment was not unconstitutionally vague, and was not overbroad and did not deny due process. State v. Koetting (Mo.), 616 S.W.2d 822.
1985) Held not unconstitutionally overbroad. The caller's intent to disturb or frighten need not be the sole intent or purpose of the call. State v. Koetting (A.), 691 S.W.2d 328.
(1987) Four harassing phone calls made directly to an individual's telephone answering machine falls within the purview of this section. State v. Placke, 733 S.W.2d 847 (Mo.App.).
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.091 - Harassment, second degree, penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 28 Aug 2017, 2 histories
565.091. Harassment, second degree, penalty. —
1. A person commits the offense of harassment in the second degree if he or she, without good cause, engages in any act with the purpose to cause emotional distress to another person.
2. The offense of harassment in the second degree is a class A misdemeanor, unless the person has previously pleaded guilty to or been found guilty of a violation of this section, of any offense committed in violation of any county or municipal ordinance in any state, any state law, any federal law, or any military law which if committed in this state would be chargeable or indictable as a violation of any offense listed in this subsection, in which case it is a class E felony.
3. This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of violations of federal, state, county, or municipal law.
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(L. 2014 S.B. 491, A.L. 2017 S.B. 34)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.110 - Kidnapping, first degree, penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 2 histories, see footnote
565.110. Kidnapping, first degree, penalty. —
1. A person commits the offense of kidnapping in the first degree if he or she unlawfully removes another person without his or her consent from the place where he or she is found or unlawfully confines another person without his or her consent for a substantial period, for the purpose of:
(1) Holding that person for ransom or reward, or for any other act to be performed or not performed for the return or release of that person; or
(2) Using the person as a shield or as a hostage; or
(3) Interfering with the performance of any governmental or political function; or
(4) Facilitating the commission of any felony or flight thereafter; or
(5) Inflicting physical injury on or terrorizing the victim or another.
2. The offense of kidnapping in the first degree is a class A felony unless committed under subdivision (4) or (5) of subsection 1 of this section in which cases it is a class B felony.
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(L. 1977 S.B. 60, A.L. 2004 H.B. 1487, A.L. 2014 S.B. 491)
Effective 1-01-17
CROSS REFERENCE:
Conviction of offense, on release registration requirements and penalty for failure to comply (Megan's Law), 589.400 to 589.426
(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.
(1993) For purposes of definition of "forcible compulsion" in section 556.061, age of victim, relationship to defendant and testimony of victim that defendant guided her head and mouth, or that defendant threatened to ground victim, was not sufficient evidence to establish that victim was in reasonable fear of death, serious physical injury or kidnapping under this section as required by conviction for forcible sodomy under section 566.060, RSMo. State v. Daleske, 866 S.W.2d 476 (Mo. App. W.D.).
(1994) Although, under Missouri statute, crime of kidnapping does not require proof of injury and where kidnapping is not intrinsically violent, crime entails serious potential risk of physical injury to another based on requirement that kidnapping be without person's consent; therefore, kidnapping under Missouri law is violent felony for purposes of enhanced sentencing under federal law. United States v. Phelps, 17 F.3d 1334 (10th Cir.).
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.115 - Child kidnapping — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 2 histories, see footnote
565.115. Child kidnapping — penalty. —
1. A person commits the offense of child kidnapping if he or she is not a relative of the child within the third degree and, knowing he or she has no right to do so, removes a child under the age of fourteen without consent of the child's parents or guardian, or confines such child for a substantial period of time without such consent.
2. In determining whether the child was removed or confined unlawfully, it is an affirmative defense that the person reasonably believed that the person's actions were necessary to preserve the child from danger to his or her welfare.
3. The offense of child kidnapping is a class A felony.
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(L. 2004 H.B. 1487, 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 565.120 - Kidnapping, second degree, penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 2 histories, see footnote
565.120. Kidnapping, second degree, penalty. —
1. A person commits the offense of kidnapping in the second degree if he or she knowingly restrains another unlawfully and without consent so as to interfere substantially with his or her liberty and exposes him or her to a substantial risk of serious physical injury.
2. The offense of kidnapping in the second degree is a class D felony.
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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 565 - Offenses Against the Person › Section 565.130 - Kidnapping, third degree, penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 2 histories, see footnote
565.130. Kidnapping, third degree, penalty. —
1. A person commits the offense of kidnapping in the third degree if he or she knowingly restrains another unlawfully and without consent so as to interfere substantially with his or her liberty.
2. The offense of kidnapping in the third degree is a class A misdemeanor unless the person unlawfully restrained is removed from this state, in which case it is a class E felony.
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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 565 - Offenses Against the Person › Section 565.140 - Defenses to kidnapping in the third degree.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 2 histories, see footnote
565.140. Defenses to kidnapping in the third degree. —
1. A person does not commit the offense of kidnapping in the third degree under section 565.130 if the person restrained is a child less than seventeen years of age and:
(1) A parent, guardian or other person responsible for the general supervision of the child's welfare has consented to the restraint; or
(2) The person is a relative of the child; and
(a) The person's sole purpose is to assume control of the child; and
(b) The child is not taken out of the state of Missouri.
2. For the purpose of this section,
"relative"
means a parent or stepparent, ancestor, sibling, uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.
3. The defendant shall have the burden of injecting the issue of a defense 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 565 - Offenses Against the Person › Section 565.150 - Interference with custody — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 2 histories, see footnote
565.150. Interference with custody — penalty. —
1. A person commits the offense of interference with custody if, knowing that he or she has no legal right to do so, he or she takes or entices from legal custody any person entrusted by order of a court to the custody of another person or institution.
2. The offense of interference with custody is a class A misdemeanor unless the person taken or enticed away from legal custody is removed from this state, detained in another state or concealed, in which case it is a class E felony.
3. Upon a finding of guilt for an offense under this section, the court may, in addition to or in lieu of any sentence or fine imposed, assess as restitution against the defendant and in favor of the legal custodian or parent, any reasonable expenses incurred by the legal custodian or parent in searching for or returning the child.
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(L. 1977 S.B. 60, A.L. 1988 H.B. 1272, et al., A.L. 2014 S.B. 491)
Effective 1-01-17
(1984) "Takes...from lawful custody" is construed to include unlawful retention of any person following a period of temporary lawful custody. State v. Edmisten (Mo.App.), 674 S.W.2d 576.
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.153 - Parental kidnapping — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 2 histories, see footnote
565.153. Parental kidnapping — penalty. —
1. In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the offense of parental kidnapping if he or she removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child.
2. Parental kidnapping is a class E felony, unless committed by detaining or concealing the whereabouts of the child for:
(1) Not less than sixty days but not longer than one hundred nineteen days, in which case, the offense is a class D felony;
(2) Not less than one hundred twenty days, in which case, the offense is a class B felony.
3. A subsequently obtained court order for custody or visitation shall not affect the application of this section.
4. Upon a finding of guilt for an offense under this section, the court may, in addition to or in lieu of any sentence or fine imposed, assess as restitution against the defendant and in favor of the legal custodian or parent, any reasonable expenses incurred by the legal custodian or parent in searching for or returning the child.
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(L. 1988 H.B. 1272, et al. § 2, A.L. 2008 S.B. 714, et al., 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 565.156 - Child abduction — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 2 histories, see footnote
565.156. Child abduction — penalty. —
1. A person commits the offense of child abduction if he or she:
(1) Intentionally takes, detains, entices, conceals or removes a child from a parent after being served with process in an action affecting marriage or paternity but prior to the issuance of a temporary or final order determining custody; or
(2) At the expiration of visitation rights outside the state, intentionally fails or refuses to return or impedes the return of the child to the legal custodian in Missouri; or
(3) Conceals, detains, or removes the child for payment or promise of payment at the instruction of a person who has no legal right to custody; or
(4) Retains in this state for thirty days a child removed from another state without the consent of the legal custodian or in violation of a valid court order of custody; or
(5) Having legal custody of the child pursuant to a valid court order, removes, takes, detains, conceals or entices away that child within or without the state, without good cause, and with the intent to deprive the custody or visitation rights of another person, without obtaining written consent as is provided under section 452.377.
2. The offense of child abduction is a class E felony.
3. Upon a finding of guilt for an offense under this section, the court may, in addition to or in lieu of any sentence or fine imposed, assess as restitution against the defendant and in favor of the legal custodian or parent, any reasonable expenses incurred by the legal custodian or parent in searching for or returning the child.
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(L. 1988 H.B. 1272, et al. § 3, 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 565.160 - Defenses to interference with custody, parental kidnapping, and child abduction.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 2 histories, see footnote
565.160. Defenses to interference with custody, parental kidnapping, and child abduction. —
It shall be an absolute defense to the offenses of interference with custody, parental kidnapping, and child abduction that:
(1) The person had custody of the child pursuant to a valid court order granting legal custody or visitation rights which existed at the time of the alleged violation, except that this defense is not available to persons charged with child abduction under subdivision (5) of subsection 1 of section 565.156;
(2) After expiration of a period of custody or visitation granted by court order, the person failed to return the child as a result of circumstances beyond such person's control, and the person notified or made a reasonable attempt to notify the other parent or legal custodian of the child of such circumstance within twenty-four hours after the expiration of the period of custody or visitation and returned the child as soon as possible; or
(3) The person was fleeing an incident or pattern of domestic violence.
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(L. 1988 H.B. 1272, et al. § 4, 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 565.163 - Venue.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 2 histories, see footnote
565.163. Venue. —
Persons accused of committing the offense of interference with custody, parental kidnapping or child abduction may be prosecuted by the prosecuting attorney or circuit attorney:
(1) In the county in which the child was taken or enticed away from legal custody;
(2) In any county in which the child who was taken or enticed away from legal custody was taken or held by the defendant;
(3) The county in which lawful custody of the child taken or enticed away was granted; or
(4) The county in which the defendant is found.
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(L. 1988 H.B. 1272, et al. § 5, 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 565.167 - Custody of child — peace officer to take child into protective custody, when.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
Effective - 28 Aug 1988
565.167. Custody of child — peace officer to take child into protective custody, when. —
1. A peace officer investigating a report of a violation of section 565.150, or section 565.153 or 565.156, may take the child into temporary protective custody if it reasonably appears to the officer that any person unlawfully will flee the jurisdictional territory with the child.
2. If during the course of an investigation under section 565.150, or section 565.153 or 565.156, the child is found in the physical custody of the defendant or another, the law enforcement officer shall return the child to the parent or legal custodian from whom the child was concealed, detained or removed, unless there is good cause for the law enforcement officer to retain temporary protective custody of the child pursuant to section 210.125.
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(L. 1988 H.B. 1272, et al. § 7)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.184 - Abuse of an elderly person, a person with disability, or a vulnerable person — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 2 histories, see footnote
565.184. Abuse of an elderly person, a person with disability, or a vulnerable person — penalty. —
1. A person commits the offense of abuse of an elderly person, a person with a disability, or a vulnerable person if he or she:
(1) Purposely engages in conduct involving more than one incident that causes emotional distress to an elderly person, a person with a disability, or a vulnerable person. The course of conduct shall be such as would cause a reasonable elderly person, person with a disability, or vulnerable person to suffer substantial emotional distress; or
(2) Intentionally fails to provide care, goods or services to an elderly person, a person with a disability, or a vulnerable person. The result of the conduct shall be such as would cause a reasonable elderly person, person with a disability, or vulnerable person to suffer physical or emotional distress; or
(3) Knowingly acts or knowingly fails to act in a manner which results in a substantial risk to the life, body or health of an elderly person, a person with a disability, or a vulnerable person.
2. The offense of abuse of an elderly person, a person with a disability, or a vulnerable person is a class A misdemeanor. Nothing in this section shall be construed to mean that an elderly person, a person with a disability, or a vulnerable person is abused solely because such person chooses to rely on spiritual means through prayer, in lieu of medical care, for his or her health care, as evidence by such person's explicit consent, advance directive for health care, or practice.
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(L. 1992 S.B. 573 & 634 § 3, A.L. 2007 S.B. 3, 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 565.188 - Failure to report elder abuse or neglect — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 3 histories, see footnote
565.188. Failure to report elder abuse or neglect — penalty. —
1. A person commits the offense of failure to report elder abuse or neglect if he or she is required to make a report as required under subdivision (2) of subsection 1 of section 192.2405, and knowingly fails to make a report.
2. The offense of failure to report elder abuse or neglect is a class A misdemeanor.
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(L. 1992 S.B. 573 & 634 § 5, A.L. 2003 S.B. 556 & 311, 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 565.189 - Filing a false elder abuse or neglect report — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, see footnote
565.189. Filing a false elder abuse or neglect report — penalty. —
1. A person commits the offense of filing a false elder abuse or neglect report if he or she knowingly files a false report of elder abuse or neglect.
2. The offense of filing a false elder abuse or neglect report is a class A misdemeanor, unless the person has previously been found guilty of making a false report to the department and is subsequently found guilty of making a false report under this section, in which case it is a class E felony.
3. Evidence of prior findings of guilt of false reporting shall be heard by the court, out of the hearing of the jury, prior to the submission of the case to the jury, and the court shall determine the existence of the prior findings of guilt.
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(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 565.218 - Failure to report vulnerable person abuse — or neglect — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 2 histories, see footnote
565.218. Failure to report vulnerable person abuse — or neglect — penalty. —
1. A person commits the offense of failure to report vulnerable person abuse or neglect if he or she is required to make a report under section 630.162 and knowingly fails to make a report.
2. The offense of knowingly failing to make a report as required in this section is a class A misdemeanor and the offender shall be subject to a fine of up to one thousand dollars, unless the offender has previously been found guilty of failing to make a report as required in this section, in which case the offense is a class E felony and the offender shall be subject to a fine of up to five thousand dollars. Penalties collected for violations of this section shall be transferred to the state school moneys fund as established in section 166.051 and distributed to the public schools of this state in the manner provided in section 163.031. Such penalties shall not be considered charitable for tax purposes.
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(L. 2007 S.B. 3, 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 565.222 - Filing a false vulnerable person abuse report — penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, see footnote
565.222. Filing a false vulnerable person abuse report — penalty. —
1. A person commits the offense of filing a false vulnerable person abuse report if he or she knowingly files a false report of vulnerable person abuse or neglect.
2. The offense of filing a false report of vulnerable person abuse or neglect is a class A misdemeanor and the offender shall be subject to a fine of up to one thousand dollars, unless the offender has previously been found guilty of making a false report to the department, in which case the offense is a class E felony and the offender shall be subject to a fine of up to five thousand dollars. Penalties collected for violations of this subsection shall be transferred to the state school moneys fund as established in section 166.051 and distributed to the public schools of this state in the manner provided in section 163.031. Such penalties shall not be considered charitable for tax purposes.
3. Evidence of prior findings of guilt under this section shall be heard by the court, out of the hearing of the jury, prior to the submission of the case to the jury, and the court shall determine the existence of the prior findings of guilt.
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(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 565.227 - Stalking, second degree, penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 28 Aug 2017, 2 histories
565.227. Stalking, second degree, penalty. —
1. A person commits the offense of stalking in the second degree if he or she purposely, through his or her course of conduct, disturbs, or follows with the intent to disturb another person.
2. This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of any violation of federal, state, county, or municipal law.
3. Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.
4. The offense of stalking in the second degree is a class A misdemeanor, unless the defendant has previously been found guilty of a violation of this section or section 565.225, or of any offense committed in another jurisdiction which, if committed in this state, would be chargeable or indictable as a violation of any offense listed in this section or section 565.225, or 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 stalking in the second degree is a class E felony.
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(L. 2014 S.B. 491, A.L. 2017 S.B. 34)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 565 - Offenses Against the Person › Section 565.240 - Unlawful posting of certain information over the internet, offense of — violation, penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 28 Aug 2023, 3 histories
565.240. Unlawful posting of certain information over the internet, offense of — violation, penalty. —
1. A person commits the offense of unlawful posting of certain information over the internet if he or she knowingly posts the name, home address, Social Security number, telephone number, or any other personally identifiable information of any person on the internet intending to cause great bodily harm or death, or threatening to cause great bodily harm or death to such person.
2. The offense of unlawful posting of certain information over the internet is a class C misdemeanor, unless the person knowingly posts on the internet the name, home address, Social Security number, telephone number, or any other personally identifiable information of any law enforcement officer, corrections officer, parole officer, judge, commissioner, or prosecuting attorney, or of any immediate family member of such law enforcement officer, corrections officer, parole officer, judge, commissioner, or prosecuting attorney, intending to cause great bodily harm or death, or threatening to cause great bodily harm or death, in which case it is a class E felony, and if such intention or threat results in bodily harm or death to such person or immediate family member, the offense of unlawful posting of certain information over the internet is a class D felony.
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(L. 2005 S.B. 420 & 344 § 1, A.L. 2005 1st Ex. Sess. H.B. 3 § 1, A.L. 2014 S.B. 491, A.L. 2021 S.B. 53 & 60, A.L. 2023 S.B. 103)
Transferred 2014; formerly 578.450; 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 565.252 - Invasion of privacy, penalty.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 565
• Effective - 01 Jan 2017, 2 histories, see footnote
565.252. Invasion of privacy, penalty. —
1. A person commits the offense of invasion of privacy if he or she knowingly:
(1) Photographs, films, videotapes, produces, or otherwise creates an image of another person, without the person's consent, while the person is in a state of full or partial nudity and is in a place where one would have a reasonable expectation of privacy; or
(2) Photographs, films, videotapes, produces, or otherwise creates an image of another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent.
2. Invasion of privacy is a class A misdemeanor unless:
(1) A person who creates an image in violation of this section distributes the image to another or transmits the image in a manner that allows access to that image via computer;
(2) A person disseminates or permits the dissemination by any means, to another person, of a videotape, photograph, or film obtained in violation of this section;
(3) More than one person is viewed, photographed, filmed or videotaped during the same course of conduct; or
(4) The offense was committed by a person who has previously been found guilty of invasion of privacy
­­in which case invasion of privacy is a class E felony.
3. Prior findings of guilt shall be pleaded and proven in the same manner required by the provisions of section 558.021.
4. As used in this section,
"same course of conduct"
means more than one person has been viewed, photographed, filmed, or videotaped under the same or similar circumstances pursuant to one scheme or course of conduct, whether at the same or different times.
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(L. 2002 S.B. 969, et al., A.L. 2014 S.B. 491)
Effective 1-01-17