Modifies provisions relating to criminal offenses, including minimum prison terms and conditional release

5319S.06C
1
SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILLS NOS. 882, 894 & 1294
AN ACT
To repeal sections 217.362, 217.655, 217.690,
217.760, 556.061, 557.011, 557.021, 558.011, 558.019,
558.026, 558.031, 558.046, 559.115, 566.030, 566.032,
566.060, 566.067, 566.103, 566.125, 566.151, 566.203,
566.209, 566.210, 566.211, 568.060, 571.015, and
589.425, RSMo, and to enact in lieu thereof twenty -
seven new sections relating to criminal offenses,
with penalty provisions and an effective date for
certain sections.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 217.362, 217.655, 217.690, 217.760,
556.061, 557.011, 557.021, 558.011, 558.019, 558.026, 558.031,
558.046, 559.115, 566.030, 566.032, 566.060, 566.067, 566.103,
566.125, 566.151, 566.203, 566.209, 566.210, 566.211, 568.060,
571.015, and 589.425, RSMo, are repealed and twenty -seven new
sections enacted in lieu thereof, to be known as sections
217.362, 217.655, 217.690, 217.760, 556.061, 557.011, 557.021,
558.011, 558.019, 558.026, 558.031, 558.046, 559.115, 566.030,
566.032, 566.060, 566.067, 566.103, 566.125, 566.151, 566.203,
566.209, 566.210, 566.211, 568.060, 571.015, and 589.425, to
read as follows:
217.362. 1. The department of corrections shall
design and implement an intensive long-term program for the
treatment of chronic nonviolent offenders with serious
substance abuse addictions who have not [pleaded] pled
guilty to or been convicted of a dangerous felony as defined
in section 556.061.

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2. Prior to sentencing, any judge considering an
offender for this program shall notify the department. The
potential candidate for the program shall be screened by the
department to determine eligibility. The department shall,
by regulation, establish eligibility criteria and inform the
court of such criteria. The department shall notify the
court as to the offender's eligibility and the availability
of space in the program. Notwithstanding any other
provision of law to the contrary, except as provided for in
section 558.019, if an offender is eligible and there is
adequate space, the court may sentence a person to the
program which shall consist of institutional drug or alcohol
treatment for a period of at least twelve and no more than
twenty-four months, as well as a term of incarceration. The
department shall determine the nature, intensity, duration,
and completion criteria of the education, treatment, and
aftercare portions of any program services provided.
Execution of the offender's term of incarceration shall be
suspended pending completion of said program. Allocation of
space in the program may be distributed by the department in
proportion to drug arrest patterns in the state. If the
court is advised that an offender is not eligible or that
there is no space available, the court shall consider other
authorized dispositions.
3. Upon successful completion of the program, the
division of probation and parole shall advise the sentencing
court of an offender's probationary release date thirty days
prior to release. If the court determines that probation is
not appropriate the court may order the execution of the
offender's sentence.
4. If it is determined by the department that the
offender has not successfully completed the program, or that
the offender is not cooperatively participating in the

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program, the offender shall be removed from the program and
the court shall be advised. Failure of an offender to
complete the program shall cause the offender to serve the
sentence prescribed by the court and void the right to be
considered for probation on this sentence.
[5. An offender's first incarceration in a department
of corrections program pursuant to this section prior to
release on probation shall not be considered a previous
prison commitment for the purpose of determining a minimum
prison term pursuant to the provisions of section 558.019.]
217.655. 1. Subject to other applicable provisions,
the parole board shall be responsible for determining
whether a person confined in the department shall be paroled
[or released conditionally as provided by section 558.011].
The parole board shall receive administrative support from
the division of probation and parole. The division of
probation and parole shall provide supervision to all
persons referred by the circuit courts of the state as
provided by sections 217.750 and 217.760. The parole board
shall exercise independence in making decisions about
individual cases, but operate cooperatively within the
department and with other agencies, officials, courts, and
stakeholders to achieve systemic improvement including the
requirements of this section.
2. The parole board shall adopt parole guidelines to:
(1) Preserve finite prison capacity for the most
serious and violent offenders;
(2) Release supervision-manageable cases consistent
with section 217.690;
(3) Use finite resources guided by validated risk and
needs assessments;
(4) Support a seamless reentry process;
(5) Set appropriate conditions of supervision; and

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(6) Develop effective strategies for responding to
violation behaviors.
3. The parole board shall collect, analyze, and apply
data in carrying out its responsibilities to achieve its
mission and end goals. The parole board shall establish
agency performance and outcome measures that are directly
responsive to statutory responsibilities and consistent with
agency goals for release decisions, supervision, revocation,
recidivism, and caseloads.
4. The parole board shall publish parole data,
including grant rates, revocation and recidivism rates,
length of time served, and successful supervision
completions, and other performance metrics.
5. The chairperson of the parole board shall employ
such employees as necessary to carry out its
responsibilities, serve as the appointing authority over
such employees, and provide for appropriate training to
members and staff, including communication skills.
6. The division of probation and parole shall provide
such programs as necessary to carry out its responsibilities
consistent with its goals and statutory obligations.
217.690. 1. All releases or paroles shall issue upon
order of the parole board, duly adopted.
2. Before ordering the parole of any offender, the
parole board shall conduct a validated risk and needs
assessment and evaluate the case under the rules governing
parole that are promulgated by the parole board. The parole
board shall then have the offender appear before a hearing
panel and shall conduct a personal interview with him or
her, unless waived by the offender, or if the guidelines
indicate the offender may be paroled without need for an
interview. The guidelines and rules shall not allow for the
waiver of a hearing if a victim requests a hearing. The

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appearance or presence may occur by means of a
videoconference at the discretion of the parole board. A
parole may be ordered for the best interest of society when
there is a reasonable probability, based on the risk
assessment and indicators of release readiness, that the
person can be supervised under parole supervision and
successfully reintegrated into the community, not as an
award of clemency; it shall not be considered a reduction of
sentence or a pardon. Every offender while on parole shall
remain in the legal custody of the department but shall be
subject to the orders of the parole board.
3. The division of probation and parole has
discretionary authority to require the payment of a fee, not
to exceed sixty dollars per month, from every offender
placed under division supervision on probation, parole, or
conditional release, to waive all or part of any fee, to
sanction offenders for willful nonpayment of fees, and to
contract with a private entity for fee collections
services. All fees collected shall be deposited in the
inmate fund established in section 217.430. Fees collected
may be used to pay the costs of contracted collections
services. The fees collected may otherwise be used to
provide community corrections and intervention services for
offenders. Such services include substance abuse assessment
and treatment, mental health assessment and treatment,
electronic monitoring services, residential facilities
services, employment placement services, and other offender
community corrections or intervention services designated by
the division of probation and parole to assist offenders to
successfully complete probation, parole, or conditional
release. The division of probation and parole shall adopt
rules not inconsistent with law, in accordance with section

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217.040, with respect to sanctioning offenders and with
respect to establishing, waiving, collecting, and using fees.
4. The parole board shall adopt rules not inconsistent
with law, in accordance with section 217.040, with respect
to the eligibility of offenders for parole, the conduct of
parole hearings or conditions to be imposed upon paroled
offenders. Whenever an order for parole is issued it shall
recite the conditions of such parole.
5. When considering parole for an offender with
consecutive sentences, the minimum term for eligibility for
parole shall be calculated by adding the minimum terms for
parole eligibility for each of the consecutive sentences,
except the minimum term for parole eligibility shall not
exceed the minimum term for parole eligibility for an
ordinary life sentence.
6. Any offender sentenced to a term of imprisonment
amounting to fifteen years or more or multiple terms of
imprisonment that, taken together, amount to fifteen or more
years who was under eighteen years of age at the time of the
commission of the offense or offenses may be eligible for
parole after serving fifteen years of incarceration,
regardless of whether the case is final for the purposes of
appeal, and may be eligible for reconsideration hearings in
accordance with regulations promulgated by the parole board.
7. The provisions of subsection 6 of this section
shall not apply to an offender found guilty of capital
murder, murder in the first degree or murder in the second
degree, when murder in the second degree is committed
pursuant to subdivision (1) of subsection 1 of section
565.021, who was under eighteen years of age when the
offender committed the offense or offenses who may be found
ineligible for parole or whose parole eligibility may be
controlled by section 558.047 or 565.033.

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8. Any offender under a sentence for first degree
murder who has been denied release on parole after a parole
hearing shall not be eligible for another parole hearing
until at least three years from the month of the parole
denial[; however, this subsection shall not prevent a
release pursuant to subsection 4 of section 558.011].
9. A victim who has requested an opportunity to be
heard shall receive notice that the parole board is
conducting an assessment of the offender's risk and
readiness for release and that the victim's input will be
particularly helpful when it pertains to safety concerns and
specific protective measures that may be beneficial to the
victim should the offender be granted release.
10. Parole hearings shall, at a minimum, contain the
following procedures:
(1) The victim or person representing the victim who
attends a hearing may be accompanied by one other person;
(2) The victim or person representing the victim who
attends a hearing shall have the option of giving testimony
in the presence of the inmate or to the hearing panel
without the inmate being present;
(3) The victim or person representing the victim may
call or write the parole board rather than attend the
hearing;
(4) The victim or person representing the victim may
have a personal meeting with a parole board member at the
parole board's central office;
(5) The judge, prosecuting attorney or circuit
attorney and a representative of the local law enforcement
agency investigating the crime shall be allowed to attend
the hearing or provide information to the hearing panel in
regard to the parole consideration; and

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(6) The parole board shall evaluate information listed
in the juvenile sex offender registry pursuant to section
211.425, provided the offender is between the ages of
seventeen and twenty-one, as it impacts the safety of the
community.
11. The parole board shall notify any person of the
results of a parole eligibility hearing if the person
indicates to the parole board a desire to be notified.
12. The parole board may, at its discretion, require
any offender seeking parole to meet certain conditions
during the term of that parole so long as said conditions
are not illegal or impossible for the offender to perform.
These conditions may include an amount of restitution to the
state for the cost of that offender's incarceration.
13. Special parole conditions shall be responsive to
the assessed risk and needs of the offender or the need for
extraordinary supervision, such as electronic monitoring.
The parole board shall adopt rules to minimize the
conditions placed on low-risk cases, to frontload conditions
upon release, and to require the modification and reduction
of conditions based on the person's continuing stability in
the community. Parole board rules shall permit parole
conditions to be modified by parole officers with review and
approval by supervisors.
14. Nothing contained in this section shall be
construed to require the release of an offender on parole
nor to reduce the sentence of an offender heretofore
committed.
15. Beginning January 1, 2001, the parole board shall
not order a parole unless the offender has obtained a high
school diploma or its equivalent, or unless the parole board
is satisfied that the offender, while committed to the
custody of the department, has made an honest good-faith

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effort to obtain a high school diploma or its equivalent;
provided that the director may waive this requirement by
certifying in writing to the parole board that the offender
has actively participated in mandatory education programs or
is academically unable to obtain a high school diploma or
its equivalent.
16. Any rule or portion of a rule, as that term is
defined in section 536.010, that is created under the
authority delegated in this section shall become effective
only if it complies with and is subject to all of the
provisions of chapter 536 and, if applicable, section
536.028. This section and chapter 536 are nonseverable and
if any of the powers vested with the general assembly
pursuant to chapter 536 to review, to delay the effective
date, or to disapprove and annul a rule are subsequently
held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after August 28,
2005, shall be invalid and void.
17. When concurrent sentences are imposed by a court,
the person shall serve the minimum required percentage for
each offense prior to parole eligibility.
217.760. 1. In all felony cases and class A
misdemeanor cases, the basis of which misdemeanor cases are
contained in chapters 565 and 566 and section 577.023, at
the request of a [circuit] sentencing judge of any circuit
court, the division of probation and parole shall assign one
or more state probation and parole officers to make an
investigation of the person convicted of the crime or
offense before sentence is imposed. In all felony cases in
which the recommended sentence established by the sentencing
advisory commission pursuant to subsection [7] 1 of section
558.019 includes probation but the recommendation of the
prosecuting attorney or circuit attorney does not include

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probation, the division of probation and parole shall, prior
to sentencing, provide the judge with a report on available
alternatives to incarceration. If a presentence
investigation report is completed then the available
alternatives shall be included in the presentence
investigation report.
2. The report of the presentence investigation or
preparole investigation shall contain any prior criminal
record of the defendant and such information about his or
her characteristics, his or her financial condition, his or
her social history, the circumstances affecting his or her
behavior as may be helpful in imposing sentence or in
granting probation or in the correctional treatment of the
defendant, information concerning the impact of the crime
upon the victim, the recommended sentence established by the
sentencing advisory commission and available alternatives to
incarceration including opportunities for restorative
justice, as well as a recommendation by the probation and
parole officer. The officer shall secure such other
information as may be required by the court and, whenever it
is practicable and needed, such investigation shall include
a physical and mental examination of the defendant.
556.061. In this code, unless the context requires a
different definition, the following terms shall mean:
(1) "Access", to instruct, communicate with, store
data in, retrieve or extract data from, or otherwise make
any use of any resources of, a computer, computer system, or
computer network;
(2) "Affirmative defense":
(a) The defense referred to is not submitted to the
trier of fact unless supported by evidence; and

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(b) If the defense is submitted to the trier of fact
the defendant has the burden of persuasion that the defense
is more probably true than not;
(3) "Burden of injecting the issue":
(a) The issue referred to is not submitted to the
trier of fact unless supported by evidence; and
(b) If the issue is submitted to the trier of fact any
reasonable doubt on the issue requires a finding for the
defendant on that issue;
(4) "Commercial film and photographic print
processor", any person who develops exposed photographic
film into negatives, slides or prints, or who makes prints
from negatives or slides, for compensation. The term
commercial film and photographic print processor shall
include all employees of such persons but shall not include
a person who develops film or makes prints for a public
agency;
(5) "Computer", the box that houses the central
processing unit (CPU), along with any internal storage
devices, such as internal hard drives, and internal
communication devices, such as internal modems capable of
sending or receiving [electronic mail] email or fax cards,
along with any other hardware stored or housed internally.
Thus, computer refers to hardware, software and data
contained in the main unit. Printers, external modems
attached by cable to the main unit, monitors, and other
external attachments will be referred to collectively as
peripherals and discussed individually when appropriate.
When the computer and all peripherals are referred to as a
package, the term "computer system" is used. Information
refers to all the information on a computer system including
both software applications and data;

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(6) "Computer equipment", computers, terminals, data
storage devices, and all other computer hardware associated
with a computer system or network;
(7) "Computer hardware", all equipment which can
collect, analyze, create, display, convert, store, conceal
or transmit electronic, magnetic, optical or similar
computer impulses or data. Hardware includes, but is not
limited to, any data processing devices, such as central
processing units, memory typewriters and self-contained
laptop or notebook computers; internal and peripheral
storage devices, transistor-like binary devices and other
memory storage devices, such as floppy disks, removable
disks, compact disks, digital video disks, magnetic tape,
hard drive, optical disks and digital memory; local area
networks, such as two or more computers connected together
to a central computer server via cable or modem; peripheral
input or output devices, such as keyboards, printers,
scanners, plotters, video display monitors and optical
readers; and related communication devices, such as modems,
cables and connections, recording equipment, RAM or ROM
units, acoustic couplers, automatic dialers, speed dialers,
programmable telephone dialing or signaling devices and
electronic tone-generating devices; as well as any devices,
mechanisms or parts that can be used to restrict access to
computer hardware, such as physical keys and locks;
(8) "Computer network", two or more interconnected
computers or computer systems;
(9) "Computer program", a set of instructions,
statements, or related data that directs or is intended to
direct a computer to perform certain functions;
(10) "Computer software", digital information which
can be interpreted by a computer and any of its related
components to direct the way they work. Software is stored

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in electronic, magnetic, optical or other digital form. The
term commonly includes programs to run operating systems and
applications, such as word processing, graphic, or
spreadsheet programs, utilities, compilers, interpreters and
communications programs;
(11) "Computer-related documentation", written,
recorded, printed or electronically stored material which
explains or illustrates how to configure or use computer
hardware, software or other related items;
(12) "Computer system", a set of related, connected or
unconnected, computer equipment, data, or software;
(13) "Confinement":
(a) A person is in confinement when such person is
held in a place of confinement pursuant to arrest or order
of a court, and remains in confinement until:
a. A court orders the person's release; or
b. The person is released on bail, bond, or
recognizance, personal or otherwise; or
c. A public servant having the legal power and duty to
confine the person authorizes his release without guard and
without condition that he return to confinement;
(b) A person is not in confinement if:
a. The person is on probation or parole, temporary or
otherwise; or
b. The person is under sentence to serve a term of
confinement which is not continuous, or is serving a
sentence under a work-release program, and in either such
case is not being held in a place of confinement or is not
being held under guard by a person having the legal power
and duty to transport the person to or from a place of
confinement;
(14) "Consent": consent or lack of consent may be
expressed or implied. Assent does not constitute consent if:

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(a) It is given by a person who lacks the mental
capacity to authorize the conduct charged to constitute the
offense and such mental incapacity is manifest or known to
the actor; or
(b) It is given by a person who by reason of youth,
mental disease or defect, intoxication, a drug-induced
state, or any other reason is manifestly unable or known by
the actor to be unable to make a reasonable judgment as to
the nature or harmfulness of the conduct charged to
constitute the offense; or
(c) It is induced by force, duress or deception;
(15) "Controlled substance", a drug, substance, or
immediate precursor in Schedules I through V as defined in
chapter 195;
(16) "Criminal negligence", failure to be aware of a
substantial and unjustifiable risk that circumstances exist
or a result will follow, and such failure constitutes a
gross deviation from the standard of care which a reasonable
person would exercise in the situation;
(17) "Custody", a person is in custody when he or she
has been arrested but has not been delivered to a place of
confinement;
(18) "Damage", when used in relation to a computer
system or network, means any alteration, deletion, or
destruction of any part of the computer system or network;
(19) "Dangerous felony", the felonies [of] requiring
eighty-five percent of the imposed sentenced to be served
prior to parole eligibility, which are arson in the first
degree, assault in the first degree, attempted rape in the
first degree if physical injury results, attempted forcible
rape if physical injury results, attempted sodomy in the
first degree if physical injury results, attempted forcible
sodomy if physical injury results, rape in the first degree,

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forcible rape, sodomy in the first degree, forcible sodomy,
assault in the second degree if the victim of such assault
is a special victim as defined in subdivision (14) of
section 565.002, kidnapping in the first degree, kidnapping,
murder in the second degree, assault of a law enforcement
officer in the first degree, domestic assault in the first
degree, elder abuse in the first degree, robbery in the
first degree, armed criminal action, conspiracy to commit an
offense when the offense is a dangerous felony, vehicle
hijacking when punished as a class A felony, statutory rape
in the first degree [when the victim is a child less than
twelve years of age at the time of the commission of the act
giving rise to the offense], statutory sodomy in the first
degree [when the victim is a child less than twelve years of
age at the time of the commission of the act giving rise to
the offense], child molestation in the first or second
degree, abuse of a child if the child dies as a result of
injuries sustained from conduct chargeable under section
568.060, child kidnapping, parental kidnapping committed by
detaining or concealing the whereabouts of the child for not
less than one hundred twenty days under section 565.153, bus
hijacking when punished as a class A felony, planting a bomb
or explosive in or near a bus or terminal, [and] an
"intoxication-related traffic offense" or "intoxication-
related boating offense" if the person is found to be a
"habitual offender" or "habitual boating offender" as such
terms are defined in section 577.001, abuse through forced
labor when punished under subsection 4 of section 566.203,
trafficking for the purposes of slavery, involuntary
servitude, peonage, or forced labor or the attempt of such
when punished under subsection 4 of section 566.206,
trafficking for the purposes of sexual exploitation or the
attempt of such when the offense was effected by force,

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abduction, or coercion, sexual trafficking of a child in the
first degree, sexual trafficking of a child in the second
degree, and a third violation of failure to register as a
sexual offender;
(20) "Dangerous instrument", any instrument, article
or substance, which, under the circumstances in which it is
used, is readily capable of causing death or other serious
physical injury;
(21) "Data", a representation of information, facts,
knowledge, concepts, or instructions prepared in a
formalized or other manner and intended for use in a
computer or computer network. Data may be in any form
including, but not limited to, printouts, microfiche,
magnetic storage media, punched cards and as may be stored
in the memory of a computer;
(22) "Deadly weapon", any firearm, loaded or unloaded,
or any weapon from which a shot, readily capable of
producing death or serious physical injury, may be
discharged, or a switchblade knife, dagger, billy club,
blackjack or metal knuckles;
(23) "Digital camera", a camera that records images in
a format which enables the images to be downloaded into a
computer;
(24) "Disability", a mental, physical, or
developmental impairment that substantially limits one or
more major life activities or the ability to provide
adequately for one's care or protection, whether the
impairment is congenital or acquired by accident, injury or
disease, where such impairment is verified by medical
findings;
(25) "Elderly person", a person sixty years of age or
older;

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(26) "Felony", an offense so designated or an offense
for which persons found guilty thereof may be sentenced to
death or imprisonment for a term of more than one year;
(27) "Forcible compulsion" either:
(a) Physical force that overcomes reasonable
resistance; or
(b) A threat, express or implied, that places a person
in reasonable fear of death, serious physical injury or
kidnapping of such person or another person;
(28) "Incapacitated", a temporary or permanent
physical or mental condition in which a person is
unconscious, unable to appraise the nature of his or her
conduct, or unable to communicate unwillingness to an act;
(29) "Infraction", a violation defined by this code or
by any other statute of this state if it is so designated or
if no sentence other than a fine, or fine and forfeiture or
other civil penalty, is authorized upon conviction;
(30) "Inhabitable structure", a vehicle, vessel or
structure:
(a) Where any person lives or carries on business or
other calling; or
(b) Where people assemble for purposes of business,
government, education, religion, entertainment, or public
transportation; or
(c) Which is used for overnight accommodation of
persons.
Any such vehicle, vessel, or structure is inhabitable
regardless of whether a person is actually present. If a
building or structure is divided into separately occupied
units, any unit not occupied by the actor is an inhabitable
structure of another;
(31) "Knowingly", when used with respect to:

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(a) Conduct or attendant circumstances, means a person
is aware of the nature of his or her conduct or that those
circumstances exist; or
(b) A result of conduct, means a person is aware that
his or her conduct is practically certain to cause that
result;
(32) "Law enforcement officer", any public servant
having both the power and duty to make arrests for
violations of the laws of this state, and federal law
enforcement officers authorized to carry firearms and to
make arrests for violations of the laws of the United States;
(33) "Misdemeanor", an offense so designated or an
offense for which persons found guilty thereof may be
sentenced to imprisonment for a term of which the maximum is
one year or less;
(34) "Of another", property that any entity, including
but not limited to any natural person, corporation, limited
liability company, partnership, association, governmental
subdivision or instrumentality, other than the actor, has a
possessory or proprietary interest therein, except that
property shall not be deemed property of another who has
only a security interest therein, even if legal title is in
the creditor pursuant to a conditional sales contract or
other security arrangement;
(35) "Offense", any felony or misdemeanor;
(36) "Physical injury", slight impairment of any
function of the body or temporary loss of use of any part of
the body;
(37) "Place of confinement", any building or facility
and the grounds thereof wherein a court is legally
authorized to order that a person charged with or convicted
of a crime be held;

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(38) "Possess" or "possessed", having actual or
constructive possession of an object with knowledge of its
presence. A person has actual possession if such person has
the object on his or her person or within easy reach and
convenient control. A person has constructive possession if
such person has the power and the intention at a given time
to exercise dominion or control over the object either
directly or through another person or persons. Possession
may also be sole or joint. If one person alone has
possession of an object, possession is sole. If two or more
persons share possession of an object, possession is joint;
(39) "Property", anything of value, whether real or
personal, tangible or intangible, in possession or in action;
(40) "Public servant", any person employed in any way
by a government of this state who is compensated by the
government by reason of such person's employment, any person
appointed to a position with any government of this state,
or any person elected to a position with any government of
this state. It includes, but is not limited to,
legislators, jurors, members of the judiciary and law
enforcement officers. It does not include witnesses;
(41) "Purposely", when used with respect to a person's
conduct or to a result thereof, means when it is his or her
conscious object to engage in that conduct or to cause that
result;
(42) "Recklessly", consciously disregarding a
substantial and unjustifiable risk that circumstances exist
or that a result will follow, and such disregard constitutes
a gross deviation from the standard of care which a
reasonable person would exercise in the situation;
(43) "Serious emotional injury", an injury that
creates a substantial risk of temporary or permanent medical
or psychological damage, manifested by impairment of a

20
behavioral, cognitive or physical condition. Serious
emotional injury shall be established by testimony of
qualified experts upon the reasonable expectation of
probable harm to a reasonable degree of medical or
psychological certainty;
(44) "Serious physical injury", physical injury that
creates a substantial risk of death or that causes serious
disfigurement or protracted loss or impairment of the
function of any part of the body;
(45) "Services", when used in relation to a computer
system or network, means use of a computer, computer system,
or computer network and includes, but is not limited to,
computer time, data processing, and storage or retrieval
functions;
(46) "Sexual orientation", male or female
heterosexuality, homosexuality or bisexuality by
inclination, practice, identity or expression, or having a
self-image or identity not traditionally associated with
one's gender;
(47) "Vehicle", a self-propelled mechanical device
designed to carry a person or persons, excluding vessels or
aircraft;
(48) "Vessel", any boat or craft propelled by a motor
or by machinery, whether or not such motor or machinery is a
principal source of propulsion used or capable of being used
as a means of transportation on water, or any boat or craft
more than twelve feet in length which is powered by sail
alone or by a combination of sail and machinery, and used or
capable of being used as a means of transportation on water,
but not any boat or craft having, as the only means of
propulsion, a paddle or oars;
(49) "Voluntary act":

21
(a) A bodily movement performed while conscious as a
result of effort or determination. Possession is a
voluntary act if the possessor knowingly procures or
receives the thing possessed, or having acquired control of
it was aware of his or her control for a sufficient time to
have enabled him or her to dispose of it or terminate his or
her control; or
(b) An omission to perform an act of which the actor
is physically capable. A person is not guilty of an offense
based solely upon an omission to perform an act unless the
law defining the offense expressly so provides, or a duty to
perform the omitted act is otherwise imposed by law;
(50) "Vulnerable person", any person in the custody,
care, or control of the department of mental health who is
receiving services from an operated, funded, licensed, or
certified program.
557.011. 1. Every person found guilty of an offense
shall be dealt with by the court in accordance with the
provisions of this chapter, except that for offenses defined
outside this code and not repealed, the term of imprisonment
or the fine that may be imposed is that provided in the
statute defining the offense[; however, the conditional
release term of any sentence of a term of years shall be
determined as provided in subsection 4 of section 558.011].
2. Whenever any person has been found guilty of a
felony or a misdemeanor the court shall make one or more of
the following dispositions of the offender in any
appropriate combination. The court may:
(1) Sentence the person to a term of imprisonment as
authorized by chapter 558;
(2) Sentence the person to pay a fine as authorized by
chapter 560;

22
(3) Suspend the imposition of sentence, with or
without placing the person on probation;
(4) Pronounce sentence and suspend its execution,
placing the person on probation;
(5) Impose a period of detention as a condition of
probation, as authorized by section 559.026.
3. Whenever any person has been found guilty of an
infraction, the court shall make one or more of the
following dispositions of the offender in any appropriate
combination. The court may:
(1) Sentence the person to pay a fine as authorized by
chapter 560;
(2) Suspend the imposition of sentence, with or
without placing the person on probation;
(3) Pronounce sentence and suspend its execution,
placing the person on probation.
4. Whenever any organization has been found guilty of
an offense, the court shall make one or more of the
following dispositions of the organization in any
appropriate combination. The court may:
(1) Sentence the organization to pay a fine as
authorized by chapter 560;
(2) Suspend the imposition of sentence, with or
without placing the organization on probation;
(3) Pronounce sentence and suspend its execution,
placing the organization on probation;
(4) Impose any special sentence or sanction authorized
by law.
5. This chapter shall not be construed to deprive the
court of any authority conferred by law to decree a
forfeiture of property, suspend or cancel a license, remove
a person from office, or impose any other civil penalty. An

23
appropriate order exercising such authority may be included
as part of any sentence.
6. In the event a sentence of confinement is ordered
executed, a court may order that an individual serve all or
any portion of such sentence on electronic monitoring;
except that all costs associated with the electronic
monitoring shall be charged to the person on house arrest.
If the judge finds the person unable to afford the costs
associated with electronic monitoring, the judge may order
that the person be placed on house arrest with electronic
monitoring if the county commission agrees to pay the costs
of such monitoring. If the person on house arrest is unable
to afford the costs associated with electronic monitoring
and the county commission does not agree to pay from the
general revenue of the county the costs of such electronic
monitoring, the judge shall not order that the person be
placed on house arrest with electronic monitoring.
557.021. 1. Any offense defined outside this code
[which] that 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] that
is declared to be a felony without specification of the
penalty therefor is a class E felony and subject to the
terms as provided in chapter 558.
3. For the purpose of applying the extended term
provisions of section 558.016 [and the minimum prison term
provisions of], the parole eligibility provisions pursuant
to section [558.019] 558.011 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:

24
(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.
558.011. 1. The authorized terms of imprisonment,
including both prison and conditional release terms, for all
offenses are as follows:
(1) For a class A felony, a term of years not less
than ten years and not to exceed thirty years, or life
imprisonment, for which an offender shall serve seventy
percent of the imposed sentence prior to parole eligibility;

25
(2) For a class B felony, a term of years not less
than five years and not to exceed fifteen years, for which
an offender shall serve fifty percent of the imposed
sentence prior to parole eligibility;
(3) For a class C felony, a term of years not less
than three years and not to exceed ten years, for which an
offender shall serve forty percent of the imposed sentence
prior to parole eligibility;
(4) For a class D felony, a term of years not to
exceed seven years, for which an offender shall serve twenty-
five percent of the imposed sentence prior to parole
eligibility;
(5) For a class E felony, a term of years not to
exceed four years, for which an offender shall serve twenty-
five percent of the imposed sentence prior to parole
eligibility;
(6) For a class A misdemeanor, a term not to exceed
one year;
(7) For a class B misdemeanor, a term not to exceed
six months;
(8) For a class C misdemeanor, a term not to exceed
fifteen days.
2. When a person is sentenced to the authorized term
of imprisonment for a higher class than the offense for
which the person was found guilty under sections 558.016,
565.079, and 579.170, the person shall also be sentenced to
the parole eligibility percentage of the higher class.
3. The authorized terms of imprisonment under
subsections 1 and 2 of this section shall apply to all
offenses, except if the terms for parole eligibility
otherwise provided by statute result in a higher parole
eligibility percentage, in which case the statute resulting
in the higher parole eligibility percentage shall apply.

26
4. In cases of class D and E felonies, the court shall
have discretion to imprison for a special term not to exceed
one year in the county jail or other authorized penal
institution, and the place of confinement shall be fixed by
the court. If the court imposes a sentence of imprisonment
for a term longer than one year upon a person convicted of a
class D or E felony, it shall commit the person to the
custody of the department of corrections.
[3.] 5. (1) When a regular sentence of imprisonment
for a felony is imposed, the court shall commit the person
to the custody of the department of corrections for the term
imposed under section 557.036, or until released under
procedures established elsewhere by law.
(2) A sentence of imprisonment for a misdemeanor shall
be for a definite term and the court shall commit the person
to the county jail or other authorized penal institution for
the term of his or her sentence or until released under
procedure established elsewhere by law.
[4.] 6. (1) Except as otherwise provided, a sentence
of imprisonment for a term of years for felonies other than
dangerous felonies as defined in section 556.061, and
other than sentences of imprisonment which involve the
individual's fourth or subsequent remand to the department
of corrections shall consist of a prison term and a
conditional release term. The conditional release term of
any term imposed under section 557.036 shall be:
(a) One-third for terms of nine years or less;
(b) Three years for terms between nine and fifteen
years;
(c) Five years for terms more than fifteen years; and
the prison term shall be the remainder of such term. The
prison term may be extended by the parole board pursuant to
subsection 5 of this section.

27
(2) "Conditional release" means the conditional
discharge of an offender by the parole board, subject to
conditions of release that the parole board deems reasonable
to assist the offender to lead a law-abiding life, and
subject to the supervision under the division of probation
and parole. The conditions of release shall include
avoidance by the offender of any other offense, federal or
state, and other conditions that the parole board in its
discretion deems reasonably necessary to assist the releasee
in avoiding further violation of the law.
[5.] 7. The date of conditional release from the
prison term may be extended up to a maximum of the entire
sentence of imprisonment by the parole board. The director
of any division of the department of corrections except the
division of probation and parole may file with the parole
board a petition to extend the conditional release date when
an offender fails to follow the rules and regulations of the
division or commits an act in violation of such rules.
Within ten working days of receipt of the petition to extend
the conditional release date, the parole board shall convene
a hearing on the petition. The offender shall be present
and may call witnesses in his or her behalf and cross-
examine witnesses appearing against the offender. The
hearing shall be conducted as provided in section 217.670.
If the violation occurs in close proximity to the
conditional release date, the conditional release may be
held for a maximum of fifteen working days to permit
necessary time for the division director to file a petition
for an extension with the parole board and for the parole
board to conduct a hearing, provided some affirmative
manifestation of an intent to extend the conditional release
has occurred prior to the conditional release date. If at
the end of a fifteen-working-day period a parole board

28
decision has not been reached, the offender shall be
released conditionally. The decision of the parole board
shall be final.
8. Conditional release shall only apply to offenses
committed prior to January 1, 2028. Any person who commits
an offense on or after January 1, 2028, shall not be
eligible for conditional release for that offense.
9. Other provisions of the law to the contrary
notwithstanding, any offender who has been found guilty of a
dangerous felony as defined in section 556.061 and is
committed to the department of corrections shall be required
to serve eighty-five percent of the sentence imposed by the
court prior to parole eligibility.
10. For the purpose of determining the minimum time
required to be served by the offender before he or she is
eligible for parole, the following calculations shall apply:
(1) A sentence of life shall be calculated to be
thirty years; and
(2) Any sentence either alone or in the aggregate with
other consecutive sentences for offenses committed at or
near the same time that is over seventy-five years shall be
calculated to be seventy-five years.
11. Regardless of whether a sentence is served
concurrently or consecutively, the minimum percentage for
each respective felony shall be met prior to parole
eligibility.
558.019. 1. [This section shall not be construed to
affect the powers of the governor under Article IV, Section
7, of the Missouri Constitution. This statute shall not
affect those provisions of section 565.020 or section
566.125, which set minimum terms of sentences, or the
provisions of section 559.115, relating to probation.

29
2. The provisions of subsections 2 to 5 of this
section shall only be applicable to the offenses contained
in sections 565.021, 565.023, 565.024, 565.027, 565.050,
565.052, 565.054, 565.072, 565.073, 565.074, 565.090,
565.110, 565.115, 565.120, 565.153, 565.156, 565.225,
565.300, 566.030, 566.031, 566.032, 566.034, 566.060,
566.061, 566.062, 566.064, 566.067, 566.068, 566.069,
566.071, 566.083, 566.086, 566.100, 566.101, 566.103,
566.111, 566.115, 566.145, 566.151, 566.153, 566.203,
566.206, 566.209, 566.210, 566.211, 566.215, 568.030,
568.045, 568.060, 568.065, 568.175, 569.040, 569.160,
570.023, 570.025, 570.030 when punished as a class A, B, or
C felony, 570.145 when punished as a class A or B felony,
570.223 when punished as a class B or C felony, 571.020,
571.030, 571.070, 573.023, 573.025, 573.035, 573.037,
573.200, 573.205, 574.070, 574.080, 574.115, 575.030,
575.150, 575.153, 575.155, 575.157, 575.200 when punished as
a class A felony, 575.210, 575.230 when punished as a class
B felony, 575.240 when punished as a class B felony,
576.070, 576.080, 577.010, 577.013, 577.078, 577.703,
577.706, 579.065, and 579.068 when punished as a class A or
B felony. For the purposes of this section, "prison
commitment" means and is the receipt by the department of
corrections of an offender after sentencing. For purposes
of this section, prior prison commitments to the department
of corrections shall not include an offender's first
incarceration prior to release on probation under section
217.362 or 559.115. Other provisions of the law to the
contrary notwithstanding, any offender who has been found
guilty of a felony other than a dangerous felony as defined
in section 556.061 and is committed to the department of
corrections shall be required to serve the following minimum
prison terms:

30
(1) If the offender has one previous prison commitment
to the department of corrections for a felony offense, the
minimum prison term which the offender must serve shall be
forty percent of his or her sentence or until the offender
attains seventy years of age, and has served at least thirty
percent of the sentence imposed, whichever occurs first;
(2) If the offender has two previous prison
commitments to the department of corrections for felonies
unrelated to the present offense, the minimum prison term
which the offender must serve shall be fifty percent of his
or her sentence or until the offender attains seventy years
of age, and has served at least forty percent of the
sentence imposed, whichever occurs first;
(3) If the offender has three or more previous prison
commitments to the department of corrections for felonies
unrelated to the present offense, the minimum prison term
which the offender must serve shall be eighty percent of his
or her sentence or until the offender attains seventy years
of age, and has served at least forty percent of the
sentence imposed, whichever occurs first.
3. Other provisions of the law to the contrary
notwithstanding, any offender who has been found guilty of a
dangerous felony as defined in section 556.061 and is
committed to the department of corrections shall be required
to serve a minimum prison term of eighty-five percent of the
sentence imposed by the court or until the offender attains
seventy years of age, and has served at least forty percent
of the sentence imposed, whichever occurs first.
4. For the purpose of determining the minimum prison
term to be served, the following calculations shall apply:
(1) A sentence of life shall be calculated to be
thirty years;

31
(2) Any sentence either alone or in the aggregate with
other consecutive sentences for offenses committed at or
near the same time which is over seventy-five years shall be
calculated to be seventy-five years.
5. For purposes of this section, the term "minimum
prison term" shall mean time required to be served by the
offender before he or she is eligible for parole,
conditional release or other early release by the department
of corrections.
6. An offender who was convicted of, or pled guilty
to, a felony offense other than those offenses listed in
subsection 2 of this section prior to August 28, 2019, shall
no longer be subject to the minimum prison term provisions
under subsection 2 of this section, and shall be eligible
for parole, conditional release, or other early release by
the department of corrections according to the rules and
regulations of the department.
7.] (1) A sentencing advisory commission is hereby
created to consist of eleven members. One member shall be
appointed by the speaker of the house. One member shall be
appointed by the president pro tem of the senate. One
member shall be the director of the department of
corrections. Six members shall be appointed by and serve at
the pleasure of the governor from among the following: the
public defender commission; private citizens; a private
member of the Missouri Bar; the board of probation and
parole; and a prosecutor. Two members shall be appointed by
the supreme court, one from a metropolitan area and one from
a rural area. All members shall be appointed to a four-year
term. All members of the sentencing commission appointed
prior to August 28, 1994, shall continue to serve on the
sentencing advisory commission at the pleasure of the
governor.

32
(2) The commission shall study sentencing practices in
the circuit courts throughout the state for the purpose of
determining whether and to what extent disparities exist
among the various circuit courts with respect to the length
of sentences imposed and the use of probation for offenders
convicted of the same or similar offenses and with similar
criminal histories. The commission shall also study and
examine whether and to what extent sentencing disparity
among economic and social classes exists in relation to the
sentence of death and if so, the reasons therefor, if
sentences are comparable to other states, if the length of
the sentence is appropriate, and the rate of rehabilitation
based on sentence. It shall compile statistics, examine
cases, draw conclusions, and perform other duties relevant
to the research and investigation of disparities in death
penalty sentencing among economic and social classes.
(3) The commission shall study alternative sentences,
prison work programs, work release, home-based
incarceration, probation and parole options, and any other
programs and report the feasibility of these options in
Missouri.
(4) The governor shall select a chairperson who shall
call meetings of the commission as required or permitted
pursuant to the purpose of the sentencing commission.
(5) The members of the commission shall not receive
compensation for their duties on the commission, but shall
be reimbursed for actual and necessary expenses incurred in
the performance of these duties and for which they are not
reimbursed by reason of their other paid positions.
(6) The circuit and associate circuit courts of this
state, the office of the state courts administrator, the
department of public safety, and the department of
corrections shall cooperate with the commission by providing

33
information or access to information needed by the
commission. The office of the state courts administrator
will provide needed staffing resources.
[8.] 2. Courts shall retain discretion to lower or
exceed the sentence recommended by the commission as
otherwise allowable by law, and to order restorative justice
methods, when applicable.
[9.] 3. If the imposition or execution of a sentence
is suspended, the court may order any or all of the
following restorative justice methods, or any other method
that the court finds just or appropriate:
(1) Restitution to any victim or a statutorily created
fund for costs incurred as a result of the offender's
actions;
(2) Offender treatment programs;
(3) Mandatory community service;
(4) Work release programs in local facilities; and
(5) Community-based residential and nonresidential
programs.
[10.] 4. Pursuant to subdivision (1) of subsection [9]
3 of this section, the court may order the assessment and
payment of a designated amount of restitution to a county
law enforcement restitution fund established by the county
commission pursuant to section 50.565. Such contribution
shall not exceed three hundred dollars for any charged
offense. Any restitution moneys deposited into the county
law enforcement restitution fund pursuant to this section
shall only be expended pursuant to the provisions of section
50.565.
[11.] 5. A judge may order payment to a restitution
fund only if such fund had been created by ordinance or
resolution of a county of the state of Missouri prior to
sentencing. A judge shall not have any direct supervisory

34
authority or administrative control over any fund to which
the judge is ordering a person to make payment.
[12.] 6. A person who fails to make a payment to a
county law enforcement restitution fund may not have his or
her probation revoked solely for failing to make such
payment unless the judge, after evidentiary hearing, makes a
finding supported by a preponderance of the evidence that
the person either willfully refused to make the payment or
that the person willfully, intentionally, and purposefully
failed to make sufficient bona fide efforts to acquire the
resources to pay.
[13.] 7. Nothing in this section shall be construed to
allow the sentencing advisory commission to issue
recommended sentences in specific cases pending in the
courts of this state.
558.026. 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.

35
2. If a person who is on probation[,] or 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[,] or 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.
558.031. 1. A sentence of imprisonment shall commence
when a person convicted of an offense in this state is
received into the custody of the department of corrections
or other place of confinement where the offender is
sentenced.
2. [Such] The court shall, when pronouncing sentence,
executing a suspended sentence, or suspending the imposition
of a sentence, record, as part of the judgment, the number
of days the person [shall receive credit toward the service
of a sentence of imprisonment for all time] was in prison,

36
jail, or custody, that was related to the offense, after the
offense occurred and before the [commencement] pronouncement
of the sentence[, when the time in custody was related to
that offense] or suspension of imposition of the sentence,
and award credit towards the service of a sentence of
imprisonment for that number of days. [This] The jail time
credit calculation shall be based upon the certification of
the sheriff as provided in subdivision (3) of subsection 2
of section 217.305 and may be supplemented by a certificate
of a sheriff or other custodial officer from another
jurisdiction having held the person on the charge of the
offense for which the sentence of imprisonment is ordered
and shall be pronounced at the time of the judgment, the
execution of a suspended sentence, or the suspension of
imposition of sentence, shall be included in the record, and
shall include both the dates the person was in custody and
the number of days to be credited toward the service of the
sentence.
3. For purposes of this section, time in custody
related to an offense includes time during which the offense
was charged in a criminal proceeding, there was an arrest
warrant issued in said criminal proceeding, and the arrest
warrant was served upon the person. The person shall not be
entitled to any credit toward the service of a sentence of
imprisonment for any time such person was not being held on
said arrest warrant because such person posted bond, the
arrest warrant was recalled, or the person was otherwise
released.
4. The court may take judicial notice of all time the
person has served in prison, jail, or custody for a criminal
proceeding by comparing dates of service on arrest warrants
with evidence contained within the court file of dates of
release and the prosecution and defense attorney may enter

37
into a stipulation with regard to credit for the service of
a sentence of imprisonment for all time in prison, jail, or
custody, except in no event may the court approve a
stipulation that is greater than or less than the time in
custody related to an offense.
5. Upon motion and notice by defendant or defense
counsel, for any such person who was held in a juvenile
detention facility for an offense for which such person was
subsequently adjudicated to stand trial as an adult, the
court may also award credit toward the service of a sentence
of imprisonment for any time such person was confined in a
juvenile detention facility.
6. In the event a criminal proceeding related to an
offense is dismissed without prejudice by a court or nolle
prossed by the state, upon motion and notice by defendant or
defense counsel, the proceeding may be consolidated into the
present matter for purposes of calculating credit for the
service of a sentence of imprisonment.
7. The officer required by law to deliver a person
convicted of an offense in this state to the department of
corrections shall endorse upon the papers required by
section 217.305 both the dates the offender was in custody
and the period of time to be credited toward the service of
the sentence of imprisonment, [except as endorsed by such
officer] included in the judgment or suspended imposition of
sentence and such additional days after the pronouncement of
sentence and before the delivery of the person to the
department of corrections.
[4.] 8. If a person convicted of an offense escapes
from custody, such escape shall interrupt the sentence. The
interruption shall continue until such person is returned to
the correctional center where the sentence was being served,
or in the case of a person committed to the custody of the

38
department of corrections, to any correctional center
operated by the department of corrections. An escape shall
also interrupt the jail time credit to be applied to a
sentence which had not commenced when the escape occurred.
[5.] 9. If a sentence of imprisonment is vacated and a
new sentence imposed upon the offender for that offense, all
time served under the vacated sentence shall be credited
against the new sentence, unless the time has already been
credited to another sentence as provided in subsection 1 of
this section.
[6.] 10. If a person released from imprisonment on
parole or serving a conditional release term violates any of
the conditions of his or her parole or release, he or she
may be treated as a parole violator. If the parole board
revokes the parole or conditional release, the paroled
person shall serve the remainder of the prison term and
conditional release term, as an additional prison term, and
the conditionally released person shall serve the remainder
of the conditional release term as a prison term, unless
released on parole.
[7.] 11. Subsection 2 of this section shall be
applicable to offenses for which the offender was sentenced
on or after August 28, [2023] 2026.
[8. The total amount of credit given shall not exceed
the number of days spent in prison, jail, or custody after
the offense occurred and before the commencement of the
sentence.]
12. The court shall retain jurisdiction to rule on any
motion challenging the number of days of jail time credit
awarded in the pronouncement of a sentence.
558.046. The sentencing court may, upon petition,
reduce any term of sentence or probation pronounced by the

39
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].
559.115. 1. Neither probation nor parole shall be
granted by the circuit court between the time the transcript
on appeal from the offender's conviction has been filed in
appellate court and the disposition of the appeal by such
court.
2. Unless otherwise prohibited by subsection [8] 7 of
this section, a circuit court only upon its own motion and
not that of the state or the offender shall have the power
to grant probation to an offender anytime up to one hundred
twenty days after such offender has been delivered to the
department of corrections but not thereafter. The court may
request information and a recommendation from the department
concerning the offender and such offender's behavior during
the period of incarceration. Except as provided in this
section, the court may place the offender on probation in a

40
program created pursuant to section 217.777, or may place
the offender on probation with any other conditions
authorized by law.
3. The court may recommend placement of an offender in
a department of corrections one hundred twenty-day program
under this subsection. The department of corrections shall
assess each offender to determine the appropriate one
hundred twenty-day program in which to place the offender,
which may include placement in the structured cognitive
behavioral intervention program or institutional treatment
program. The placement of an offender in the structured
cognitive behavioral intervention program or institutional
treatment program shall be at the sole discretion of the
department based on the assessment of the offender and
available bed space. When the court recommends and receives
placement of an offender in a department of corrections one
hundred twenty-day program, the offender shall be released
on probation if the department of corrections determines
that the offender has successfully completed the program
except as follows. Upon successful completion of a program
under this subsection, the division of probation and parole
shall advise the sentencing court of an offender's
probationary release date thirty days prior to release. The
court shall follow the recommendation of the department
unless the court determines that probation is not
appropriate. If the court determines that probation is not
appropriate, the court may order the execution of the
offender's sentence only after conducting a hearing on the
matter within ninety to one hundred twenty days from the
date the offender was delivered to the department of
corrections. If the department determines the offender has
not successfully completed a one hundred twenty-day program
under this subsection, the division of probation and parole

41
shall advise the prosecuting attorney and the sentencing
court of the defendant's unsuccessful program exit and the
defendant shall be removed from the program. The department
shall report on the offender's participation in the program
and may provide recommendations for terms and conditions of
an offender's probation. The court shall then have the
power to grant probation or order the execution of the
offender's sentence.
4. If the court is advised that an offender is not
eligible for placement in a one hundred twenty-day program
under subsection 3 of this section, the court shall consider
other authorized dispositions. If the department of
corrections one hundred twenty-day program under subsection
3 of this section is full, the court may place the offender
in a private program approved by the department of
corrections or the court, the expenses of such program to be
paid by the offender, or in an available program offered by
another organization. If the offender is convicted of a
class C, class D, or class E nonviolent felony, the court
may order probation while awaiting appointment to treatment.
5. Except when the offender has been found to be a
predatory sexual offender pursuant to section 566.125, the
court shall request the department of corrections to conduct
a sexual offender assessment if the defendant has been found
guilty of sexual abuse when classified as a class B felony.
Upon completion of the assessment, the department shall
provide to the court a report on the offender and may
provide recommendations for terms and conditions of an
offender's probation. The assessment shall not be
considered a one hundred twenty-day program as provided
under subsection 3 of this section. The process for
granting probation to an offender who has completed the

42
assessment shall be as provided under subsections 2 and 6 of
this section.
6. Unless the offender is being granted probation
pursuant to successful completion of a one hundred twenty-
day program the circuit court shall notify the state in
writing when the court intends to grant probation to the
offender pursuant to the provisions of this section. The
state may, in writing, request a hearing within ten days of
receipt of the court's notification that the court intends
to grant probation. Upon the state's request for a hearing,
the court shall grant a hearing as soon as reasonably
possible. If the state does not respond to the court's
notice in writing within ten days, the court may proceed
upon its own motion to grant probation.
7. [An offender's first incarceration under this
section prior to release on probation shall not be
considered a previous prison commitment for the purpose of
determining a minimum prison term under the provisions of
section 558.019.
8.] Notwithstanding any other provision of law,
probation may not be granted pursuant to this section to
offenders who have been convicted of murder in the second
degree pursuant to section 565.021; forcible rape pursuant
to section 566.030 as it existed prior to August 28, 2013;
rape in the first degree under section 566.030; forcible
sodomy pursuant to section 566.060 as it existed prior to
August 28, 2013; sodomy in the first degree under section
566.060; statutory rape in the first degree pursuant to
section 566.032; statutory sodomy in the first degree
pursuant to section 566.062; child molestation in the first
degree pursuant to section 566.067 when classified as a
class A felony; abuse of a child pursuant to section 568.060
when classified as a class A felony; or an offender who has

43
been found to be a predatory sexual offender pursuant to
section 566.125; any offense under section 557.045; or any
offense in which there exists a statutory prohibition
against either probation or parole.
566.030. 1. A person commits the offense of rape in
the first degree if he or she has sexual intercourse with
another person who is incapacitated, incapable of consent,
or lacks the capacity to consent, or by the use of forcible
compulsion. Forcible compulsion includes the use of a
substance administered without a victim's knowledge or
consent which renders the victim physically or mentally
impaired so as to be incapable of making an informed consent
to sexual intercourse.
2. The offense of rape in the first degree or an
attempt to commit rape in the first degree is a class A
felony for which the authorized term of imprisonment is life
imprisonment or a term of years not less than [five] ten
years, not to exceed thirty years, unless:
(1) The offense is an aggravated sexual offense, in
which case the authorized term of imprisonment is life
imprisonment as defined in section 558.011 or [a term of
years not less than fifteen years] life imprisonment without
eligibility for probation or parole;
(2) The person is a persistent or predatory sexual
offender as defined in section 566.125 and subjected to an
extended term of imprisonment under said section;
(3) The victim is a child less than twelve years of
age, in which case the required term of imprisonment is life
imprisonment as defined in section 558.011 or life
imprisonment without eligibility for probation or parole
[until the offender has served not less than thirty years of
such sentence or unless the offender has reached the age of
seventy-five years and has served at least fifteen years of

44
such sentence, unless such rape in the first degree is
described under subdivision (4) of this subsection]; or
(4) The victim is a child less than twelve years of
age and such rape in the first degree or attempt to commit
rape in the first degree was outrageously or wantonly vile,
horrible or inhumane, in that it involved torture or
depravity of mind, in which case the required term of
imprisonment is life imprisonment without eligibility for
probation[,] or parole [or conditional release].
3. [Subsection 4 of section 558.019 shall not apply to
the sentence of a person who has been found guilty of rape
in the first degree or attempt to commit rape in the first
degree when the victim is less than twelve years of age, and
"life imprisonment" shall mean imprisonment for the duration
of a person's natural life for the purposes of this section.
4.] No person found guilty of rape in the first degree
or an attempt to commit rape in the first degree shall be
granted a suspended imposition of sentence or suspended
execution of sentence.
566.032. 1. A person commits the offense of statutory
rape in the first degree if he or she has sexual intercourse
with another person who is less than fourteen years of age.
2. The offense of statutory rape in the first degree
or an attempt to commit statutory rape in the first degree
is a felony for which the authorized term of imprisonment is
life imprisonment or a term of years not less than [five]
ten years, unless:
(1) The offense is an aggravated sexual offense, or
the victim is less than twelve years of age in which case
the authorized term of imprisonment is life imprisonment or
a term of years not less than [ten] fifteen years; or

45
(2) The person is a persistent or predatory sexual
offender as defined in section 566.125 and subjected to an
extended term of imprisonment under said section.
566.060. 1. A person commits the offense of sodomy in
the first degree if he or she has deviate sexual intercourse
with another person who is incapacitated, incapable of
consent, or lacks the capacity to consent, or by the use of
forcible compulsion. Forcible compulsion includes the use
of a substance administered without a victim's knowledge or
consent which renders the victim physically or mentally
impaired so as to be incapable of making an informed consent
to sexual intercourse.
2. The offense of sodomy in the first degree or an
attempt to commit sodomy in the first degree is a felony for
which the authorized term of imprisonment is life
imprisonment or a term of years not less than five years,
unless:
(1) The offense is an aggravated sexual offense, in
which case the authorized term of imprisonment is life
imprisonment or a term of years not less than ten years;
(2) The person is a persistent or predatory sexual
offender as defined in section 566.125 and subjected to an
extended term of imprisonment under said section;
(3) The victim is a child less than twelve years of
age, in which case the required term of imprisonment is life
imprisonment as defined in section 558.011 or life
imprisonment without eligibility for probation or parole
[until the offender has served not less than thirty years of
such sentence or unless the offender has reached the age of
seventy-five years and has served at least fifteen years of
such sentence, unless such sodomy in the first degree is
described under subdivision (4) of this subsection]; or

46
(4) The victim is a child less than twelve years of
age and such sodomy in the first degree or attempt to commit
sodomy in the first degree was outrageously or wantonly
vile, horrible or inhumane, in that it involved torture or
depravity of mind, in which case the required term of
imprisonment is life imprisonment without eligibility for
probation[,] or parole [or conditional release].
3. [Subsection 4 of section 558.019 shall not apply to
the sentence of a person who has been found guilty of sodomy
in the first degree or an attempt to commit sodomy in the
first degree when the victim is less than twelve years of
age, and "life imprisonment" shall mean imprisonment for the
duration of a person's natural life for the purposes of this
section.
4.] No person found guilty of sodomy in the first
degree or an attempt to commit sodomy in the first degree
shall be granted a suspended imposition of sentence or
suspended execution of sentence.
566.067. 1. A person commits the offense of child
molestation in the first degree if he or she subjects
another person who is less than fourteen years of age to
sexual contact and the offense is an aggravated sexual
offense.
2. The offense of child molestation in the first
degree is a class A felony and, if the victim is a child
less than twelve years of age, the person shall serve his or
her term of imprisonment without eligibility for
probation[,] or parole[, or conditional release].
566.103. 1. A person or entity commits the offense of
promoting online sexual solicitation if such person or
entity knowingly permits a web-based classified service
owned or operated by such person or entity to be used by
individuals to post advertisements promoting prostitution,

47
enticing a child to engage in sexual conduct, or promoting
sexual trafficking of a child after receiving notice under
this section.
2. As used in this section, the term "web-based
classified service" means a person or entity in whose name a
specific URL or internet domain name is registered which has
advertisements for goods and services or personal
advertisements.
3. An advertisement may be deemed to promote
prostitution, entice a child to engage in sexual conduct, or
promote sexual trafficking of a child, if the content of
such advertisement would be interpreted by a reasonable
person as offering to exchange sexual conduct for goods or
services in violation of chapter 567, as seeking a child for
the purpose of sexual conduct or commercial sex act, or as
offering a child as a participant in sexual conduct or
commercial sex act in violation of section 566.151,
566.210, or 566.211.
4. It shall be prima facie evidence that a person or
entity acts knowingly if an advertisement is not removed
from the web-based classified service within seventy-two
hours of that person or entity being notified that an
advertisement has been posted on that service which is
prohibited under this section.
5. Notice under this section may be provided by
certified mail or facsimile transmission by the attorney
general or any prosecuting attorney or circuit attorney.
6. A violation of this section shall be a class E
felony, punishable by imprisonment or a fine in the amount
of five thousand dollars per day that the advertisement
remains posted on the web-based classified service after
seventy-two hours of when notice has been provided pursuant
to this section, or by both such fine and imprisonment.

48
7. Original jurisdiction for prosecution of a
violation of this section shall be with the local
prosecuting attorney or circuit attorney.
566.125. 1. The court shall sentence a person to an
extended term of imprisonment if it finds the defendant is a
persistent sexual offender and has been found guilty of
attempting to commit or committing the following offenses:
(1) Statutory rape in the first degree or statutory
sodomy in the first degree;
(2) Rape in the first degree or sodomy in the first
degree;
(3) Forcible rape;
(4) Forcible sodomy;
(5) Rape;
(6) Sodomy.
2. A "persistent sexual offender" is one who has
previously been found guilty of attempting to commit or
committing any of the offenses listed in subsection 1 of
this section or one who has previously been found guilty of
an offense in any other jurisdiction which would constitute
any of the offenses listed in subsection 1 of this section.
3. The term of imprisonment for one found to be a
persistent sexual offender shall be imprisonment for life
without eligibility for probation or parole. [Subsection 4
of section 558.019 shall not apply to any person imprisoned
under this subsection, and] "Imprisonment for life" shall
mean imprisonment for the duration of the person's natural
life.
4. The court shall sentence a person to an extended
term of imprisonment as provided for in this section if it
finds the defendant is a predatory sexual offender and has
been found guilty of committing or attempting to commit any
of the offenses listed in subsection 1 of this section or

49
committing child molestation in the first or second degree
or sexual abuse when classified as a class B felony.
5. For purposes of this section, a "predatory sexual
offender" is a person who:
(1) Has previously been found guilty of committing or
attempting to commit any of the offenses listed in
subsection 1 of this section, or committing child
molestation in the first or second degree, or sexual abuse
when classified as a class B felony; or
(2) Has previously committed an act which would
constitute an offense listed in subsection 4 of this
section, whether or not the act resulted in a conviction; or
(3) Has committed an act or acts against more than one
victim which would constitute an offense or offenses listed
in subsection 4 of this section, whether or not the
defendant was charged with an additional offense or offenses
as a result of such act or acts.
6. A person found to be a predatory sexual offender
shall be imprisoned for life with eligibility for parole[,
however subsection 4 of section 558.019 shall not apply to
persons found to be predatory sexual offenders for the
purposes of determining the minimum prison term or the
length of sentence as defined or used in such subsection].
Notwithstanding any other provision of law, in no event
shall a person found to be a predatory sexual offender
receive a final discharge from parole.
7. Notwithstanding any other provision of law, the
court shall set the minimum time required to be served
before a predatory sexual offender is eligible for parole,
conditional release or other early release by the department
of corrections. The minimum time to be served by a person
found to be a predatory sexual offender who:

50
(1) Has previously been found guilty of committing or
attempting to commit any of the offenses listed in
subsection 1 of this section and is found guilty of
committing or attempting to commit any of the offenses
listed in subsection 1 of this section shall be any number
of years but not less than thirty years;
(2) Has previously been found guilty of child
molestation in the first or second degree, or sexual abuse
when classified as a class B felony and is found guilty of
attempting to commit or committing any of the offenses
listed in subsection 1 of this section shall be any number
of years but not less than fifteen years;
(3) Has previously been found guilty of committing or
attempting to commit any of the offenses listed in
subsection 1 of this section, or committing child
molestation in the first or second degree, or sexual abuse
when classified as a class B felony shall be any number of
years but not less than fifteen years;
(4) Has previously been found guilty of child
molestation in the first degree or second degree, or sexual
abuse when classified as a class B felony, and is found
guilty of child molestation in the first or second degree,
or sexual abuse when classified as a class B felony shall be
any number of years but not less than fifteen years;
(5) Is found to be a predatory sexual offender
pursuant to subdivision (2) or (3) of subsection 5 of this
section shall be any number of years within the range to
which the person could have been sentenced pursuant to the
applicable law if the person was not found to be a predatory
sexual offender.
8. Notwithstanding any provision of law to the
contrary, the department of corrections, or any division
thereof, may not furlough an individual found to be and

51
sentenced as a persistent sexual offender or a predatory
sexual offender.
566.151. 1. A person twenty-one years of age or older
commits the offense of enticement of a child if he or she
persuades, solicits, coaxes, entices, or lures whether by
words, actions or through communication via the internet or
any electronic communication, any person who is less than
seventeen years of age for the purpose of engaging in sexual
conduct.
2. It is not a defense to a prosecution for a
violation of this section that the other person was a peace
officer masquerading as a minor.
3. Enticement of a child or an attempt to commit
enticement of a child is a felony for which the authorized
term of imprisonment shall be not less than five years and
not more than thirty years. No person convicted under this
section shall be eligible for parole, probation,
[conditional release,] or suspended imposition or execution
of sentence for a period of five calendar years.
566.203. 1. A person commits the offense of abusing
an individual through forced labor by knowingly providing or
obtaining the labor or services of a person:
(1) By causing or threatening to cause serious
physical injury to any person;
(2) By physically restraining or threatening to
physically restrain another person;
(3) By blackmail;
(4) By means of any scheme, plan, or pattern of
behavior intended to cause such person to believe that, if
the person does not perform the labor services, the person
or another person will suffer serious physical injury,
physical restraint, or financial harm; or

52
(5) By means of the abuse or threatened abuse of the
law or the legal process.
2. A person who is found guilty of the crime of abuse
through forced labor shall not be required to register as a
sexual offender pursuant to the provisions of section
589.400, unless such person is otherwise required to
register pursuant to the provisions of such section.
3. The offense of abuse through forced labor is a
felony punishable by imprisonment for a term of years not
less than five years and not more than twenty years and a
fine not to exceed two hundred fifty thousand dollars.
4. If death results from a violation of this section,
or if the violation includes kidnapping or an attempt to
kidnap, sexual abuse when punishable as a class B felony, or
an attempt to commit sexual abuse when punishable as a class
B felony, or an attempt to kill, it shall be punishable for
a term of years not less than [five] ten years or life and a
fine not to exceed two hundred fifty thousand dollars.
566.209. 1. A person commits the [crime] offense of
trafficking for the purposes of sexual exploitation if a
person knowingly recruits, entices, harbors, transports,
provides, advertises the availability of or obtains by any
means, including but not limited to through the use of
force, intoxicating or inhibiting substances, abduction,
coercion, fraud, deception, blackmail, or causing or
threatening to cause financial harm, another person for the
use or employment of such person in a commercial sex act,
sexual conduct, a sexual performance, or the production of
explicit sexual material as defined in section 573.010,
without his or her consent, or benefits, financially or by
receiving anything of value, from participation in such
activities.

53
2. The [crime] offense of trafficking for the purposes
of sexual exploitation is a felony punishable by
imprisonment for a term of years not less than five years
and not more than twenty years and a fine not to exceed two
hundred fifty thousand dollars. If a violation of this
section was effected by force, abduction, or coercion, the
crime of trafficking for the purposes of sexual exploitation
is a felony punishable by imprisonment for a term of years
not less than ten years or life and a fine not to exceed two
hundred fifty thousand dollars.
566.210. 1. A person commits the offense of sexual
trafficking of a child in the first degree if he or she
knowingly:
(1) Recruits, entices, harbors, transports, provides,
or obtains by any means, including but not limited to
through the use of force, abduction, coercion, fraud,
deception, blackmail, or causing or threatening to cause
financial harm, a person under the age of fourteen to
participate in a commercial sex act, a sexual performance,
or the production of explicit sexual material as defined in
section 573.010, or benefits, financially or by receiving
anything of value, from participation in such activities;
(2) Causes a person under the age of fourteen to
engage in a commercial sex act, a sexual performance, or the
production of explicit sexual material as defined in section
573.010; or
(3) Advertises the availability of a person under the
age of fourteen to participate in a commercial sex act, a
sexual performance, or the production of explicit sexual
material as defined in section 573.010.
2. It shall not be a defense that the defendant
believed that the person was fourteen years of age or older.

54
3. The offense of sexual trafficking of a child in the
first degree is a felony for which the authorized term of
imprisonment is life imprisonment without eligibility for
probation or parole until the offender has served not less
than thirty years of such sentence. [Subsection 4 of
section 558.019 shall not apply to the sentence of a person
who has been found guilty of sexual trafficking of a child
less than fourteen years of age, and "life imprisonment"
shall mean imprisonment for the duration of a person's
natural life for the purposes of this section.]
566.211. 1. A person commits the offense of sexual
trafficking of a child in the second degree if he or she
knowingly:
(1) Recruits, entices, harbors, transports, provides,
or obtains by any means, including but not limited to
through the use of force, abduction, coercion, fraud,
deception, blackmail, or causing or threatening to cause
financial harm, a person under the age of eighteen to
participate in a commercial sex act, a sexual performance,
or the production of explicit sexual material as defined in
section 573.010, or benefits, financially or by receiving
anything of value, from participation in such activities;
(2) Causes a person under the age of eighteen to
engage in a commercial sex act, a sexual performance, or the
production of explicit sexual material as defined in section
573.010; or
(3) Advertises the availability of a person under the
age of eighteen to participate in a commercial sex act, a
sexual performance, or the production of explicit sexual
material as defined in section 573.010.
2. It shall not be a defense that the defendant
believed that the person was eighteen years of age or older.

55
3. The offense of sexual trafficking of a child in the
second degree is a felony punishable by imprisonment for a
term of years not less than twenty years or life and a fine
not to exceed two hundred fifty thousand dollars if the
child is under the age of eighteen. If a violation of this
section was effected by force, abduction, or coercion, the
[crime] offense of sexual trafficking of a child shall be a
felony for which the authorized term of imprisonment is life
imprisonment without eligibility for probation or parole
until the defendant has served [not less than twenty-five
years] eighty-five percent of such sentence as provided
under section 558.011.
568.060. 1. As used in this section, the following
terms shall mean:
(1) "Abuse", the infliction of physical, sexual, or
mental injury against a child by any person eighteen years
of age or older. For purposes of this section, abuse shall
not include injury inflicted on a child by accidental means
by a person with care, custody, or control of the child, or
discipline of a child by a person with care, custody, or
control of the child, including spanking, in a reasonable
manner;
(2) "Abusive head trauma", a serious physical injury
to the head or brain caused by any means, including but not
limited to shaking, jerking, pushing, pulling, slamming,
hitting, or kicking;
(3) "Mental injury", an injury to the intellectual or
psychological capacity or the emotional condition of a child
as evidenced by an observable and substantial impairment of
the ability of the child to function within his or her
normal range of performance or behavior;
(4) "Neglect", the failure to provide, by those
responsible for the care, custody, and control of a child

56
under the age of eighteen years, the care reasonable and
necessary to maintain the physical and mental health of the
child, when such failure presents a substantial probability
that death or physical injury or sexual injury would result;
(5) "Physical injury", physical pain, illness, or any
impairment of physical condition, including but not limited
to bruising, lacerations, hematomas, welts, or permanent or
temporary disfigurement and impairment of any bodily
function or organ;
(6) "Serious emotional injury", an injury that creates
a substantial risk of temporary or permanent medical or
psychological damage, manifested by impairment of a
behavioral, cognitive, or physical condition. Serious
emotional injury shall be established by testimony of
qualified experts upon the reasonable expectation of
probable harm to a reasonable degree of medical or
psychological certainty;
(7) "Serious physical injury", a physical injury that
creates a substantial risk of death or that causes serious
disfigurement or protracted loss or impairment of the
function of any part of the body.
2. A person commits the offense of abuse or neglect of
a child if such person knowingly causes a child who is less
than eighteen years of age:
(1) To suffer physical or mental injury as a result of
abuse or neglect; or
(2) To be placed in a situation in which the child may
suffer physical or mental injury as the result of abuse or
neglect.
3. A person commits the offense of abuse or neglect of
a child if such person recklessly causes a child who is less
than eighteen years of age to suffer from abusive head
trauma.

57
4. A person does not commit the offense of abuse or
neglect of a child by virtue of the sole fact that the
person delivers or allows the delivery of a child to a
provider of emergency services.
5. (1) A person does not commit the offense of abuse
or neglect of a child by virtue of the sole fact that the
person allows the child to engage in independent activities
without adult supervision and the person is a parent to the
child or is responsible for the child's care, provided that
the:
(a) Independent activities are appropriate based on
the child's age, maturity, and physical and mental
abilities; and
(b) Lack of adult supervision does not constitute
conduct that is so grossly negligent as to endanger the
health or safety of the child.
(2) As used in this subsection, "independent
activities" shall include traveling to or from school or
nearby locations by bicycle or on foot, playing outdoors, or
remaining at home for a reasonable period of time without
adult supervision.
6. The offense of abuse or neglect of a child is:
(1) A class D felony[, without eligibility for
probation, parole, or conditional release until the
defendant has served no less than one year of such
sentence], unless the person has previously been found
guilty of a violation of this section or of a violation of
the law of any other jurisdiction that prohibits the same or
similar conduct or the injury inflicted on the child is a
serious emotional injury or a serious physical injury, in
which case abuse or neglect of a child is a class B felony,
without eligibility for probation or parole until the

58
defendant has served not less than five years of such
sentence; or
(2) A class A felony if the child dies as a result of
injuries sustained from conduct chargeable under the
provisions of this section.
7. Notwithstanding subsection 6 of this section to the
contrary, the offense of abuse or neglect of a child is a
class A felony, without eligibility for probation[,] or
parole[, or conditional release] until the defendant has
served not less than fifteen years of such sentence, if:
(1) The injury is a serious emotional injury or a
serious physical injury;
(2) The child is less than fourteen years of age; and
(3) The injury is the result of sexual abuse or sexual
abuse in the first degree as defined under section 566.100
or sexual exploitation of a minor as defined under section
573.023.
8. The circuit or prosecuting attorney may refer a
person who is suspected of abuse or neglect of a child to an
appropriate public or private agency for treatment or
counseling so long as the agency has consented to taking
such referrals. Nothing in this subsection shall limit the
discretion of the circuit or prosecuting attorney to
prosecute a person who has been referred for treatment or
counseling pursuant to this subsection.
9. Nothing in this section shall be construed to alter
the requirement that every element of any crime referred to
herein must be proven beyond a reasonable doubt.
10. Discipline, including spanking administered in a
reasonable manner, shall not be construed to be abuse under
this section.
571.015. 1. Any person who commits any felony under
the laws of this state by, with, or through the use,

59
assistance, or aid of a dangerous instrument or deadly
weapon is also guilty of the offense of armed criminal
action; the offense of armed criminal action shall be an
unclassified felony and, upon conviction, shall be punished
by imprisonment by the department of corrections for a term
of not less than three years and not to exceed fifteen
years, unless the person is unlawfully possessing a firearm,
in which case the term of imprisonment shall be for a term
of not less than five years. The punishment imposed
pursuant to this subsection shall be in addition to and
consecutive to any punishment provided by law for the crime
committed by, with, or through the use, assistance, or aid
of a dangerous instrument or deadly weapon. No person
convicted under this subsection shall be eligible for
parole, probation, [conditional release,] or suspended
imposition or execution of sentence for a period of three
calendar years.
2. Any person convicted of a second offense of armed
criminal action under subsection 1 of this section shall be
punished by imprisonment by the department of corrections
for a term of not less than five years and not to exceed
thirty years, unless the person is unlawfully possessing a
firearm, in which case the term of imprisonment shall be for
a term not less than fifteen years. The punishment imposed
pursuant to this subsection shall be in addition to and
consecutive to any punishment provided by law for the crime
committed by, with, or through the use, assistance, or aid
of a dangerous instrument or deadly weapon. No person
convicted under this subsection shall be eligible for
parole, probation, [conditional release,] or suspended
imposition or execution of sentence for a period of five
calendar years.

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3. Any person convicted of a third or subsequent
offense of armed criminal action under subsection 1 of this
section shall be punished by imprisonment by the department
of corrections for a term of not less than ten years, unless
the person is unlawfully possessing a firearm, in which case
the term of imprisonment shall be no less than fifteen
years. The punishment imposed pursuant to this subsection
shall be in addition to and consecutive to any punishment
provided by law for the crime committed by, with, or through
the use, assistance, or aid of a dangerous instrument or
deadly weapon. No person convicted under this subsection
shall be eligible for parole, probation, [conditional
release,] or suspended imposition or execution of sentence
for a period of ten calendar years.
589.425. 1. A person commits the crime of failing to
register as a sex offender when the person is required to
register under sections 589.400 to 589.425 and fails to
comply with any requirement of sections 589.400 to 589.425.
Failing to register as a sex offender is a class E felony
unless the person is required to register based on having
committed an offense in chapter 566 which was an
unclassified felony, a class A or B felony, or a felony
involving a child under the age of fourteen, in which case
it is a class D felony.
2. A person commits the crime of failing to register
as a sex offender as a second offense by failing to comply
with any requirement of sections 589.400 to 589.425 and he
or she has previously pled guilty to or has previously been
found guilty of failing to register as a sex offender.
Failing to register as a sex offender as a second offense is
a class E felony unless the person is required to register
based on having committed an offense in chapter 566, or an
offense in any other state or foreign country, or under

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federal, tribal, or military jurisdiction, which if
committed in this state would be an offense under chapter
566 which was an unclassified felony, a class A or B felony,
or a felony involving a child under the age of fourteen, in
which case it is a class D felony.
3. (1) A person commits the crime of failing to
register as a sex offender as a third offense by failing to
meet the requirements of sections 589.400 to 589.425 and he
or she has, on two or more occasions, previously pled guilty
to or has previously been found guilty of failing to
register as a sex offender. Failing to register as a sex
offender as a third offense is a class A felony, which shall
be punished by a term of imprisonment of not less than ten
years and not more than thirty years.
(2) No court may suspend the imposition or execution
of sentence of a person who pleads guilty to or is found
guilty of failing to register as a sex offender as a third
offense. No court may sentence such person to pay a fine in
lieu of a term of imprisonment.
(3) [A person sentenced under this subsection shall
not be eligible for conditional release or parole until he
or she has served at least two years of imprisonment.
(4)] Upon release, an offender who has committed
failing to register as a sex offender as a third offense
shall be electronically monitored as a mandatory condition
of supervision. Electronic monitoring may be based on a
global positioning system or any other technology which
identifies and records the offender's location at all times.
Section B The repeal and reenactment of sections
558.011, 558.019, and 558.031 of this act shall become
effective on January 1, 2028.