reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 556 - Preliminary Provisions (Criminal Code) › Section 556.031 - Application to offenses committed before and after enactment.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 556
Effective - 01 Jan 1979, see footnote
556.031. Application to offenses committed before and after enactment. —
1. The provisions of this code shall govern the construction and punishment for any offense defined in this code and committed after January 1, 1979, as well as the construction and application of any defense to a prosecution for such an offense.
2. Offenses defined outside of this code and not repealed shall remain in effect, but unless otherwise expressly provided or unless the context otherwise requires, the provisions of this code shall govern the construction of any such offenses committed after January 1, 1979, as well as the construction and application of any defense to a prosecution for such offenses.
3. The provisions of this code do not apply to or govern the construction of and punishment for any offense committed prior to January 1, 1979, or the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been enacted, the provisions of section 1.160 notwithstanding.
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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 556 - Preliminary Provisions (Criminal Code) › Section 556.037 - Time limitations for prosecutions for sexual offenses involving a person under eighteen.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 556
• Effective - 28 Aug 2018, 5 histories
556.037. Time limitations for prosecutions for sexual offenses involving a person under eighteen. —
1. Notwithstanding the provisions of section 556.036, prosecutions for unlawful sexual offenses involving a person eighteen years of age or under may be commenced at any time.
2. For purposes of this section,
"sexual offenses"
include, but are not limited to, all offenses for which registration is required under sections 589.400 to 589.425.
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(L. 1987 H.B. 598 § 18, A.L. 1990 H.B. 1370, et al., A.L. 1997 H.B. 104, A.L. 2004 H.B. 1055 merged with H.B. 1487, A.L. 2011 S.B. 54, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491, A.L. 2018 S.B. 655 merged with S.B. 819)
CROSS REFERENCES:
Childhood sexual abuse damage action, time limitation on bringing action after August 28, 1990, 537.046
Statute of limitation in action for damages for sexual contact with person within third degree of consanguinity or affinity, 516.371
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 556 - Preliminary Provisions (Criminal Code) › Section 556.038 - Time limitation to prosecute.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 556
• Effective - 01 Jan 2017, see footnote
556.038. Time limitation to prosecute. —
Notwithstanding the provisions of section 556.036, either misdemeanor or felony prosecutions under sections 565.252 to 565.257 shall be commenced within the following periods of limitation:
(1) Three years from the date the viewing, photographing or filming occurred; or
(2) If the person who was viewed, photographed or filmed did not realize at the time that he was being viewed, photographed or filmed, within three years of the time the person who was viewed or in the photograph or film first learns that he was viewed, photographed or filmed.
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(L. 1995 H.B. 160 § 1 subsec. 4, A.L. 2014 S.B. 491)
Transferred 2014; formerly 565.255; Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 556 - Preliminary Provisions (Criminal Code) › Section 556.041 - Limitation on conviction for multiple offenses.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 556
• Effective - 01 Jan 2017, 2 histories, see footnote
556.041. Limitation on conviction for multiple offenses. —
When the same conduct of a person may establish the commission of more than one offense he or she may be prosecuted for each such offense. Such person may not, however, be convicted of more than one offense if:
(1) One offense is included in the other, as defined in section 556.046; or
(2) Inconsistent findings of fact are required to establish the commission of the offenses; or
(3) The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct; or
(4) The offense is defined as a continuing course of conduct and the person's course of conduct was uninterrupted, unless the law provides that specific periods of such conduct constitute separate offenses.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
(1981) Kidnapping and rape were separate offenses and defendant thus was not punished twice for same offense because confinement and movement of victim were not incidental to commission of rape but increased risk of harm and danger to victim. State v. Stewart (A.), 615 S.W.2d 600.
(1997) Conviction for both rape and child abuse did not subject defendant to double jeopardy. Bass v. State, 950 S.W.2d 940 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 556 - Preliminary Provisions (Criminal Code) › Section 556.046 - Conviction of included offenses — jury instructions.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 556
• Effective - 28 Aug 2022, 3 histories
556.046. Conviction of included offenses — jury instructions. —
1. A person may be convicted of an offense included in an offense charged in the indictment or information. An offense is so included when:
(1) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or
(2) It is specifically denominated by statute as a lesser degree of the offense charged; or
(3) It consists of an attempt to commit the offense charged or to commit an offense otherwise included therein.
2. The court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the person of the offense charged and convicting him or her of the included offense. An offense is charged for purposes of this section if:
(1) It is in an indictment or information; or
(2) It is an offense submitted to the jury because there is a rational basis for a verdict acquitting the person of the offense charged and convicting the person of the included offense.
3. The court shall be obligated to instruct the jury with respect to a particular included offense only if the instruction is requested and there is a rational basis in the evidence for acquitting the person of the immediately higher included offense and convicting the person of that particular included offense.
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(L. 1977 S.B. 60, A.L. 2001 S.B. 223, A.L. 2014 S.B. 491, A.L. 2022 S.B. 775, et al.)
(1981) Statute providing that defendant may be convicted of offense included in offense charged is legislative determination that offense can be a lesser offense of another offense so that charge of greater will support conviction of lesser although lesser is not necessarily included in greater; declining to follow State v. Handley, 585 S.W.2d 458, to extent of conflict. State v. Wilkerson (Mo.), 616 S.W.2d 829.
(1981) Statute must be construed as requiring an instruction on a lesser-included offense only where there is evidence of probative value which could form basis of an acquittal of greater offense and a conviction of lesser-included offense. State v. Hill (A.), 614 S.W.2d 744.
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 556 - Preliminary Provisions (Criminal Code) › Section 556.101 - Lack of consent in kidnapping and crimes involving restraint.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 556
• Effective - 01 Jan 2017, see footnote
556.101. Lack of consent in kidnapping and crimes involving restraint. —
1. It is an element of the offenses described in sections 565.110 to 565.130 that the confinement, movement or restraint be committed without the consent of the victim.
2. Lack of consent results from:
(1) Forcible compulsion; or
(2) Incapacity to consent.
3. A person is deemed incapable of consent if he is:
(1) Less than fourteen years of age; or
(2) Incapacitated.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Transferred 2014; formerly 565.100; Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 557 - General Sentencing Provisions › Section 557.016 - Classification of offenses.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 557
• Effective - 01 Jan 2017, 2 histories, see footnote
557.016. Classification of offenses. —
1. Felonies are classified for the purpose of sentencing into the following five categories:
(1) Class A felonies;
(2) Class B felonies;
(3) Class C felonies;
(4) Class D felonies; and
(5) Class E felonies.
2. Misdemeanors are classified for the purpose of sentencing into the following four categories:
(1) Class A misdemeanors;
(2) Class B misdemeanors;
(3) Class C misdemeanors; and
(4) Class D misdemeanors.
3. Infractions are not further classified.
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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 557 - General Sentencing Provisions › Section 557.021 - Classification of offenses outside this code.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 557
• Effective - 28 Aug 2020, 4 histories
557.021. Classification of offenses outside this code. —
1. Any offense defined outside this code which is declared to be a misdemeanor without specification of the penalty therefor is a class A misdemeanor.
2. Any offense defined outside this code which is declared to be a felony without specification of the penalty therefor is a class E felony.
3. For the purpose of applying the extended term provisions of section 558.016 and the minimum prison term provisions of section 558.019 and for determining the penalty for attempts, offenses defined outside of this code shall be classified as follows:
(1) If the offense is a felony:
(a) It is a class A felony if the authorized penalty includes death, life imprisonment or imprisonment for a term of twenty years or more;
(b) It is a class B felony if the maximum term of imprisonment authorized exceeds ten years but is less than twenty years;
(c) It is a class C felony if the maximum term of imprisonment authorized is ten years;
(d) It is a class D felony if the maximum term of imprisonment exceeds four years but is less than ten years;
(e) It is a class E felony if the maximum term of imprisonment is four years or less;
(2) If the offense is a misdemeanor:
(a) It is a class A misdemeanor if the authorized imprisonment exceeds six months in jail;
(b) It is a class B misdemeanor if the authorized imprisonment exceeds thirty days but is not more than six months;
(c) It is a class C misdemeanor if the authorized imprisonment is thirty days or less;
(d) It is a class D misdemeanor if it includes a mental state as an element of the offense and there is no authorized imprisonment;
(e) It is an infraction if there is no authorized imprisonment.
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(L. 1977 S.B. 60, A.L. 1988 H.B. 1340 & 1348, A.L. 2014 S.B. 491, A.L. 2016 H.B. 2332, A.L. 2020 S.B. 600)
(1990) Absence of a stated maximum penalty merely indicates legislative intent that defendant convicted of that offense may be sentenced to any term of years above the minimum, including life imprisonment. Thurston v. State, 791 S.W.2d 893 (Mo.App.E.D.).
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 557 - General Sentencing Provisions › Section 557.026 - Presentence investigation and sentencing assessment report — inquiry of victim, when.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 557
• Effective - 01 Jan 2017, 2 histories, see footnote
557.026. Presentence investigation and sentencing assessment report — inquiry of victim, when. —
1. When a probation officer is available to any court, such probation officer shall, unless waived by the defendant, conduct a presentence investigation in all felony cases and make a sentencing assessment report to the court before any authorized disposition is made under section 557.011. In all class A misdemeanor cases a probation officer shall, if directed by the court, conduct a presentence investigation and make a sentencing assessment report to the court before any authorized disposition is made under section 557.011. The report shall not be submitted to the court or its contents disclosed to anyone until the defendant has been found guilty.
2. The sentencing assessment report shall be prepared, presented and utilized as provided by rule of court, except that no court shall prevent the defendant or the attorney for the defendant from having access to the complete sentencing assessment report and recommendations before any authorized disposition is made under section 557.011.
3. The defendant shall not be obligated to make any statement to a probation officer in connection with any sentencing assessment report.
4. When the jury enters a finding of guilt and assesses punishment, the probation officer shall, as part of the presentence investigation, inquire of the victim of the offense for which such punishment was assessed of the facts of the offense and any personal injury or financial loss incurred by the victim. If the victim is dead or otherwise unable to make a statement, the probation officer shall attempt to obtain such information from a member of the immediate family of the victim.
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(L. 1977 S.B. 60, A.L. 1984 S.B. 611, A.L. 1986 S.B. 618 & 562, A.L. 2014 S.B. 491)
Effective 1-01-17
CROSS REFERENCE:
Juvenile court records available for presentence investigation, certain cases, 211.321
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 557 - General Sentencing Provisions › Section 557.031 - Presentence commitment for study.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 557
• Effective - 01 Jan 2017, 2 histories, see footnote
557.031. Presentence commitment for study. —
1. In felony cases where the circumstances surrounding the commission of the offense or other circumstances brought to the attention of the court indicate a strong likelihood that the defendant is suffering from a mental disease or disorder, and the court desires more detailed information about the defendant's mental condition before making an authorized disposition under section 557.011, it may order the commitment of the defendant for mental examination.
2. The court may commit the defendant to a facility of the department of mental health or to a hospital and order the defendant examined by such person or persons as the court or that department or hospital may designate. The cost of guarding and transporting any confined defendant to and from any such facility or other place of examination shall be borne by the county. Any commitment shall be for a period not exceeding thirty days unless extended by the order of the court.
3. Within forty days after the order the person or persons making such examination or examinations shall transmit to the court a report thereof including answers to any specific questions submitted by the court. The clerk of the court shall immediately supply copies of the report to the prosecuting attorney and to the defendant or his attorney.
4. Any period of commitment to a facility of the department of mental health or to a hospital for the purpose of this section shall be credited against any term of imprisonment imposed upon the defendants.
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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 557 - General Sentencing Provisions › Section 557.035 - Hate offenses — provides enhanced penalties for motivational factors in certain offenses.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 557
• Effective - 28 Aug 2017, 3 histories
557.035. Hate offenses — provides enhanced penalties for motivational factors in certain offenses. —
1. For all violations of section 565.054 or 565.090, subdivision (1) of subsection 1 of section 569.100, or subdivision (1), (2), (3), (4), (6), (7) or (8) of subsection 1 of section 571.030, which the state believes to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation or disability of the victim or victims, the state may charge the offense or offenses under this section, and the violation is a class D felony.
2. For all violations of section 565.056; subdivision (1) of subsection 1 of section 569.090; subdivision (1) of subsection 1 of section 569.120; section 569.140; or section 574.050; which the state believes to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation or disability of the victim or victims, the state may charge the offense or offenses under this section, and the violation is a class E felony.
3. The court shall assess punishment in all of the cases in which the state pleads and proves any of the motivating factors listed in this section.
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(L. 1999 S.B. 328, et al., A.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 557 - General Sentencing Provisions › Section 557.045 - Ineligibility for probation, SIS, SES, or conditional release, certain offenses.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 557
• Effective - 28 Aug 2021, 2 histories
557.045. Ineligibility for probation, SIS, SES, or conditional release, certain offenses. —
No person found guilty of, or pleading guilty to, the following offenses shall be eligible for probation, suspended imposition or execution of sentence, or conditional release, and shall be sentenced to a term of imprisonment pursuant to subdivision (1) of subsection 2 of section 557.011:
(1) Second degree murder when a person knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person, as defined in subdivision (1) of subsection 1 of section 565.021;
(2) Any dangerous felony, as the term is defined in section 556.061, where the person has been previously found guilty of a class A or B felony or a dangerous felony;
(3) Any dangerous felony, as the term is defined in section 556.061, where the commission of the felony involves the use of a deadly weapon, as that term is defined in section 556.061; or
(4) Any dangerous felony, as the term is defined in section 556.061, where the victim is a law enforcement officer, firefighter, or an emergency service provider while in the performance of his or her duties.
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(L. 2020 S.B. 600, A.L. 2021 S.B. 26)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 558 - Imprisonment › Section 558.002 - Fines for felonies.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 558
• Effective - 01 Jan 2017, see footnote
558.002. Fines for felonies. —
1. Except as otherwise provided for an offense outside this code, a person who has been convicted of an offense may be sentenced to pay a fine which does not exceed:
(1) For a class C, D, or E felony, ten thousand dollars;
(2) For a class A misdemeanor, two thousand dollars;
(3) For a class B misdemeanor, one thousand dollars;
(4) For a class C misdemeanor, seven hundred fifty dollars;
(5) For a class D misdemeanor, five hundred dollars;
(6) For an infraction, four hundred dollars; or
(7) If the person has gained money or property through the commission of the offense, to pay an amount, fixed by the court, not exceeding double the amount of the person's gain from the commission of the offense.
2. A sentence to pay a fine, when imposed on a corporation for an offense defined in this code or for any offense defined outside this code for which no specific corporate fine is specified, shall be a sentence to pay an amount, fixed by the court, which does not exceed:
(1) For a felony, twenty thousand dollars;
(2) For a misdemeanor, ten thousand dollars;
(3) For an infraction, one thousand dollars; or
(4) If the corporation has gained money or property through the commission of the offense, to pay an amount, fixed by the court, not exceeding double the amount of the corporation's gain from the commission of the offense.
3. As used in this section the term
"gain"
means the amount of money or the value of property derived from the commission of the offense. The amount of money or value of property returned to the victim of the offense or seized by or surrendered to lawful authority prior to the time sentence is imposed shall be deducted from the fine. When the court imposes a fine based on gain the court shall make a finding as to the amount of the offender's gain from the crime. If the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Transferred 2014; formerly 560.011; Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 558 - Imprisonment › Section 558.003 - Fine for juvenile justice preservation fund, when, amount.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 558
• Effective - 28 Aug 2018
558.003. Fine for juvenile justice preservation fund, when, amount. —
The prosecuting attorney shall have discretion to charge an offender convicted of an offense in which the victim was a child a fine of up to five hundred dollars for each offense. Such fine shall be deposited in the juvenile justice preservation fund, created under section 211.435. The provisions of this section shall expire if the provisions of subsection 1 of section 211.435 expire.
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(L. 2018 S.B. 793 merged with S.B. 800)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 558 - Imprisonment › Section 558.004 - Imposition of fines.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 558
• Effective - 01 Jan 2017, see footnote
558.004. Imposition of fines. —
1. In determining the amount and the method of payment of a fine, the court shall, insofar as practicable, proportion the fine to the burden that payment will impose in view of the financial resources of an individual. The court shall not sentence an offender to pay a fine in any amount which will prevent him or her from making restitution or reparation to the victim of the offense.
2. When any other disposition is authorized by statute, the court shall not sentence an individual to pay a fine only unless, having regard to the nature and circumstances of the offense and the history and character of the offender, it is of the opinion that the fine alone will suffice for the protection of the public.
3. The court shall not sentence an individual to pay a fine in addition to any other sentence authorized by section 557.011 unless:
(1) He or she has derived a pecuniary gain from the offense; or
(2) The court is of the opinion that a fine is uniquely adapted to deterrence of the type of offense involved or to the correction of the defendant.
4. When an offender is sentenced to pay a fine, the court may provide for the payment to be made within a specified period of time or in specified installments. If no such provision is made a part of the sentence, the fine shall be payable forthwith.
5. When an offender is sentenced to pay a fine, the court shall not impose at the same time an alternative sentence to be served in the event that the fine is not paid. The response of the court to nonpayment shall be determined only after the fine has not been paid, as provided in section 558.006.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Transferred 2014; formerly 560.026; Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 558 - Imprisonment › Section 558.006 - Nonpayment of fine, means to collect.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 558
• Effective - 28 Aug 2019, 2 histories
558.006. Nonpayment of fine, means to collect. —
When an offender sentenced to pay a fine defaults in the payment of the fine or in any installment, the fine or installment shall be collected by any means authorized for the collection of money judgments, other than a lien against real estate, or may be waived at the discretion of the sentencing judge.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491, A.L. 2019 H.B. 192)
Transferred 2014; formerly 560.031; Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 558 - Imprisonment › Section 558.008 - Revocation of a fine.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 558
• Effective - 01 Jan 2017, see footnote
558.008. Revocation of a fine. —
A defendant who has been sentenced to pay a fine may at any time petition the sentencing court for a revocation of a fine or any unpaid portion thereof. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine no longer exist or that it would otherwise be unjust to require payment of the fine, the court may revoke the fine or the unpaid portion in whole or in part or may modify the method of payment.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Transferred 2014; formerly 560.036; Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 558 - Imprisonment › Section 558.021 - Extended term procedures.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 558
• Effective - 28 Aug 1996
558.021. Extended term procedures. —
1. The court shall find the defendant to be a prior offender, persistent offender, dangerous offender, persistent sexual offender or predatory sexual offender if:
(1) The indictment or information, original or amended, or the information in lieu of an indictment pleads all essential facts warranting a finding that the defendant is a prior offender, persistent offender, dangerous offender, persistent sexual offender or predatory sexual offender; and
(2) Evidence is introduced that establishes sufficient facts pleaded to warrant a finding beyond a reasonable doubt that the defendant is a prior offender, persistent offender, dangerous offender, persistent sexual offender or predatory sexual offender; and
(3) The court makes findings of fact that warrant a finding beyond a reasonable doubt by the court that the defendant is a prior offender, persistent offender, dangerous offender, persistent sexual offender or predatory sexual offender.
2. In a jury trial, the facts shall be pleaded, established and found prior to submission to the jury outside of its hearing, except the facts required by subdivision (1) of subsection 4 of section 558.016 may be established and found at a later time, but prior to sentencing, and may be established by judicial notice of prior testimony before the jury.
3. In a trial without a jury or upon a plea of guilty, the court may defer the proof and findings of such facts to a later time, but prior to sentencing. The facts required by subdivision (1) of subsection 4 of section 558.016 may be established by judicial notice of prior testimony or the plea of guilty.
4. The defendant shall be accorded full rights of confrontation and cross-examination, with the opportunity to present evidence, at such hearings.
5. The defendant may waive proof of the facts alleged.
6. Nothing in this section shall prevent the use of presentence investigations or commitments under sections 557.026 and 557.031.
7. At the sentencing hearing both the state and the defendant shall be permitted to present additional information bearing on the issue of sentence.
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(L. 1977 S.B. 60, A.L. 1981 H.B. 554, A.L. 1996 H.B. 974)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 558 - Imprisonment › Section 558.026 - Concurrent and consecutive terms of imprisonment.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 558
• Effective - 28 Aug 2021, 2 histories
558.026. Concurrent and consecutive terms of imprisonment. —
1. Multiple sentences of imprisonment shall run concurrently unless the court specifies that they shall run consecutively; except in the case of multiple sentences of imprisonment imposed for any offense committed during or at the same time as, or multiple offenses of, the following felonies:
(1) Rape in the first degree, forcible rape, or rape;
(2) Statutory rape in the first degree;
(3) Sodomy in the first degree, forcible sodomy, or sodomy;
(4) Statutory sodomy in the first degree; or
(5) An attempt to commit any of the felonies listed in this subsection. In such case, the sentence of imprisonment imposed for any felony listed in this subsection or an attempt to commit any of the aforesaid shall run consecutively to the other sentences. The sentences imposed for any other offense may run concurrently.
2. If a person who is on probation, parole or conditional release is sentenced to a term of imprisonment for an offense committed after the granting of probation or parole or after the start of his or her conditional release term, the court shall direct the manner in which the sentence or sentences imposed by the court shall run with respect to any resulting probation, parole or conditional release revocation term or terms. If the subsequent sentence to imprisonment is in another jurisdiction, the court shall specify how any resulting probation, parole or conditional release revocation term or terms shall run with respect to the foreign sentence of imprisonment.
3. A court may cause any sentence it imposes to run concurrently with a sentence an individual is serving or is to serve in another state or in a federal correctional center. If the Missouri sentence is served in another state or in a federal correctional center, subsection 4 of section 558.011 and section 217.690 shall apply as if the individual were serving his or her sentence within the department of corrections of the state of Missouri, except that a personal hearing before the parole board shall not be required for parole consideration.
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(L. 1977 S.B. 60, A.L. 1980 H.B. 1138, et al., A.L. 1982 H.B. 1196, A.L. 1983 H.B. 713 Revision, A.L. 1995 H.B. 424, A.L. 2013 H.B. 215, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)
(1985) Court construed this section to mandate consecutive sentences for rape and sodomy committed by defendant at the same time. Adams v. State, 688 S.W.2d 401 (Mo.App.).
(1991) Although statute requires consecutive sentences any time a sex crime is committed at the same time as any other felony, even if the additional felony is also a sex crime, the sentencing court has discretion to run sentences concurrently, when a defendant's convictions consist only of sex offenses. State v. Harger, 804 S.W.2d 35 (Mo. App.).
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 558 - Imprisonment › Section 558.041 - "Good time" credit, exceptions — rules, procedure.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 558
• Effective - 01 Jan 2017, 2 histories, see footnote
558.041. "Good time" credit, exceptions — rules, procedure. —
1. Any offender committed to the department of corrections, except those persons committed pursuant to subsection 7 of section 558.016, or subsection 3 of section 566.125, may receive additional credit in terms of days spent in confinement upon recommendation for such credit by the offender's institutional superintendent when the offender meets the requirements for such credit as provided in subsections 3 and 4 of this section. Good time credit may be rescinded by the director or his or her designee pursuant to the divisional policy issued pursuant to subsection 3 of this section.
2. Any credit extended to an offender shall only apply to the sentence which the offender is currently serving.
3. The director of the department of corrections shall issue a policy for awarding credit. The policy may reward an inmate who has served his or her sentence in an orderly and peaceable manner and has taken advantage of the rehabilitation programs available to him or her. Any violation of institutional rules or the laws of this state may result in the loss of all or a portion of any credit earned by the inmate pursuant to this section.
4. The department shall cause the policy to be published in the code of state regulations.
5. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1983 H.B. 671 § 1, A.L. 1986 S.B. 618 & 562, A.L. 1990 H.B. 974, A.L. 1993 S.B. 52, A.L. 1995 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 558 - Imprisonment › Section 558.046 - Reduction of term of sentence, conditions.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 558
• Effective - 28 Aug 2021, 3 histories
558.046. Reduction of term of sentence, conditions. —
The sentencing court may, upon petition, reduce any term of sentence or probation pronounced by the court or a term of conditional release or parole pronounced by the parole board if the court determines that:
(1) The convicted person was:
(a) Convicted of an offense that did not involve violence or the threat of violence; and
(b) Convicted of an offense that involved alcohol or illegal drugs; and
(2) Since the commission of such offense, the convicted person has successfully completed a detoxification and rehabilitation program; and
(3) The convicted person is not:
(a) A prior offender, a persistent offender, a dangerous offender or a persistent misdemeanor offender as defined by section 558.016; or
(b) A persistent sexual offender as defined in section 566.125; or
(c) A prior offender, a persistent offender or a class X offender
*
as defined in section 558.019.
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(L. 1993 S.B. 167, A.L. 2014 S.B. 491, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)
*Class X offender was repealed by H.B. 562, 1993.
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 558 - Imprisonment › Section 558.047 - Persons under eighteen, review of sentence, when, procedure.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 558
• Effective - 13 Jul 2016, see footnote
558.047. Persons under eighteen, review of sentence, when, procedure. —
1. (1) Any person sentenced to a term of imprisonment for life without eligibility for parole before August 28, 2016, who was under eighteen years of age at the time of the commission of the offense or offenses, may submit to the parole board a petition for a review of his or her sentence, regardless of whether the case is final for purposes of appeal, after serving twenty-five years of incarceration on the sentence of life without parole.
(2) Any person found guilty of murder in the first degree who was sentenced on or after August 28, 2016, to a term of life imprisonment with eligibility for parole or a term of imprisonment of not less than thirty years and not to exceed forty years, who was under eighteen years of age at the time of the commission of the offense or offenses may submit to the parole board a petition for a review of his or her sentence, regardless of whether the case is final for purposes of appeal, after serving twenty-five years of incarceration, and a subsequent petition after serving thirty-five years of incarceration.
2. A copy of the petition shall be served on the office of the prosecutor in the judicial circuit of original jurisdiction. The petition shall include the person's statement that he or she was under eighteen years of age at the time of the offense, is eligible to petition under this section, and requests that his or her sentence be reviewed.
3. If any of the information required in subsection 2 of this section is missing from the petition, or if proof of service on the prosecuting or circuit attorney is not provided, the parole board shall return the petition to the person and advise him or her that the matter cannot be considered without the missing information.
4. The parole board shall hold a hearing and determine if the defendant shall be granted parole. At such a hearing, the victim or victim's family members shall retain their rights under section 595.209.
5. In a parole review hearing under this section, the board shall consider, in addition to the factors listed in section 565.033:
(1) Efforts made toward rehabilitation since the offense or offenses occurred, including participation in educational, vocational, or other programs during incarceration, when available;
(2) The subsequent growth and increased maturity of the person since the offense or offenses occurred;
(3) Evidence that the person has accepted accountability for the offense or offenses, except in cases where the person has maintained his or her innocence;
(4) The person's institutional record during incarceration; and
(5) Whether the person remains the same risk to society as he or she did at the time of the initial sentencing.
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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 559 - Probation › Section 559.012 - Eligible for probation, when.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 01 Jan 2017, 2 histories, see footnote
559.012. Eligible for probation, when. —
The court may place a person on probation for a specific period upon conviction of any offense or upon suspending imposition of sentence if, having regard to the nature and circumstances of the offense and to the history and character of the defendant, the court is of the opinion that:
(1) Institutional confinement of the defendant is not necessary for the protection of the public; and
(2) The defendant is in need of guidance, training or other assistance which, in his or her case, can be effectively administered through probation supervision.
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(L. 1977 S.B. 60 § 559.011, 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 559 - Probation › Section 559.016 - Terms of probation — extension.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 28 Aug 2012, 2 histories
559.016. Terms of probation — extension. —
1. Unless terminated as provided in section 559.036 or modified under section 217.703, the terms during which each probation shall remain conditional and be subject to revocation are:
(1) A term of years not less than one year and not to exceed five years for a felony;
(2) A term not less than six months and not to exceed two years for a misdemeanor;
(3) A term not less than six months and not to exceed one year for an infraction.
2. The court shall designate a specific term of probation at the time of sentencing or at the time of suspension of imposition of sentence. Such term may be modified by the division of probation and parole under section 217.703.
3. The court may extend a period of probation, however, no more than one extension of any probation may be ordered except that the court may extend the total time on probation by one additional year by order of the court if the defendant admits he or she has violated the conditions of his or her probation or is found by the court to have violated the conditions of his or her probation. Total time on any probation term, including any extension, shall not exceed the maximum term as established in subsection 1 of this section plus one additional year if the defendant admits or the court finds that the defendant has violated the conditions of his or her probation.
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(L. 1977 S.B. 60, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424, A.L. 2005 H.B. 353, A.L. 2012 H.B. 1525)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.026 - Detention condition of probation.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 28 Aug 2021, 3 histories
559.026. Detention condition of probation. —
Except in infraction cases, when probation is granted, the court, in addition to conditions imposed pursuant to section 559.021, may require as a condition of probation that the offender submit to a period of detention up to forty-eight hours after the determination by a probation or parole officer that the offender violated a condition of continued probation or parole in an appropriate institution at whatever time or intervals within the period of probation, consecutive or nonconsecutive, the court shall designate, or the division of probation and parole shall direct. Any person placed on probation in a county of the first class or second class or in any city with a population of five hundred thousand or more and detained as herein provided shall be subject to all provisions of section 221.170, even though he or she was not convicted and sentenced to a jail or workhouse.
(1) In misdemeanor cases, the period of detention under this section shall not exceed the shorter of thirty days or the maximum term of imprisonment authorized for the misdemeanor by chapter 558.
(2) In felony cases, the period of detention under this section shall not exceed one hundred twenty days.
(3) If probation is revoked and a term of imprisonment is served by reason thereof, the time spent in a jail, half-way house, honor center, workhouse or other institution as a detention condition of probation shall be credited against the prison or jail term served for the offense in connection with which the detention condition was imposed.
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(L. 1977 S.B. 60, A.L. 1995 H.B. 424, A.L. 2003 S.B. 5, A.L. 2004 S.B. 1211, A.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 559 - Probation › Section 559.029 - Transfer of supervision.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 28 Aug 1997
559.029. Transfer of supervision. —
Any criminal case under probation supervision may be transferred to another judge in the circuit in the manner provided by local circuit rule.
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(L. 1996 S.B. 869, A.L. 1997 S.B. 248)
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.031 - Transfer to another court.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 01 Jan 1979, see footnote
559.031. Transfer to another court. —
Jurisdiction over a probationer may be transferred from the court which imposed probation to a court having equal jurisdiction over offenders in any other part of the state, with the concurrence of both courts. Retransfers of jurisdiction may also occur in the same manner. The court to which jurisdiction has been transferred under this section
*
shall be authorized to exercise all powers permissible under this chapter over the defendant, except that the term of probation shall not be terminated without the consent of the sentencing court.
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(L. 1977 S.B. 60)
Effective 1-01-79
*Word "subsection" appears in original rolls.
2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 559 - Probation › Section 559.105 - Restitution may be ordered, when — limitation on release from probation — amount of restitution.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 559
• Effective - 28 Aug 2021, 3 histories
559.105. Restitution may be ordered, when — limitation on release from probation — amount of restitution. —
1. Any person who has been found guilty of or has pled guilty to an offense may be ordered by the court to make restitution to the victim for the victim's losses due to such offense. Restitution pursuant to this section shall include, but not be limited to a victim's reasonable expenses to participate in the prosecution of the crime.
2. No person ordered by the court to pay restitution pursuant to this section shall be released from probation until such restitution is complete. If full restitution is not made within the original term of probation, the court shall order the maximum term of probation allowed for such offense.
3. Any person eligible to be released on parole shall be required, as a condition of parole, to make restitution pursuant to this section. The parole board shall not release any person from any term of parole for such offense until the person has completed such restitution, or until the maximum term of parole for such offense has been served.
4. The court may set an amount of restitution to be paid by the defendant. Said amount may be taken from the inmate's account at the department of corrections while the defendant is incarcerated. Upon conditional release or parole, if any amount of such court-ordered restitution is unpaid, the payment of the unpaid balance may be collected as a condition of conditional release or parole by the prosecuting attorney or circuit attorney under section 559.100. The prosecuting attorney or circuit attorney may refer any failure to make such restitution as a condition of conditional release or parole to the parole board for enforcement.
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(L. 2005 H.B. 353, A.L. 2013 H.B. 215, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)
(2017) Application of section, amended in 2013 to allow sentencing court to require both payment of restitution as well as serving a prison term, to defendant who pleaded guilty prior to effective date of amended section was unconstitutional ex post facto law. Bellamy v. State, 525 S.W.3d 166 (Mo.App.W.D.).