Select Missouri Mandatory Minimum Laws

Transcription

1 Select Missouri Mandatory Minimum Laws IMPORTANT NOTE: This is not necessarily a complete list. Laws frequently change, and these sentences may no longer be accurate or up to date. Talk with a lawyer in your state if you have questions. General Provisions Under Missouri law, a prison term is mandatory only if the statute specifically says that an offender is not eligible for probation. Parole Eligibility: A person convicted of a crime is not eligible for consideration until serving a minimum portion of the sentence, as set forth below. Unless another mandatory minimum applies, for any crime other than a drug crime under Section 195 or a dangerous felony under Section : Number of offender s prior prison commitments for felonies One Two Three or more Offender s Mandatory Minimum Prison Term 40% of his or her sentence OR until the offender attains 70 years of age and has served at least 30% of the sentence imposed, whichever occurs first 50% of his or her sentence OR until the offender attains 70 years of age and has served at least 40% of the sentence imposed, whichever occurs first 80% of his or her sentence OR until the offender attains 70 years of age and has served at least 40% of the sentence imposed, whichever occurs first Unless another mandatory minimum applies, for any dangerous felony (as defined in Section ): The offender must serve 85% of the sentence OR until the offender attains 70 years of age and has served at least 40% of the sentence imposed, whichever occurs first. Eligibility for Alternative Punishments: Some offenders receiving these sentences may be eligible for an alternative sentence of shock incarceration, followed by probation, or a treatment program under Section if they (1) meet the eligibility requirements, and (2) have not been convicted of any of the following: second degree murder ( ), forcible rape ( ), forcible sodomy ( ), first 1

2 degree statutory rape ( ), statutory first degree sodomy ( ), Class A felony first degree child molestation ( ), Class A felony abuse of a child ( ), being a predatory sex offender ( ), or any statutory offense for which probation or are prohibited. See Section for full details and exclusions. Violent Offenses Code Offense Mandatory Minimum Section First degree murder Death or life First degree robbery of a pharmacy Second degree robbery of a pharmacy 5 Years Sex Offenses Code Section Offense Mandatory Minimum (2)(2) Forcible rape or attempted forcible rape of a victim under age Years (2)(3) Forcible rape or attempted forcible rape of a victim under age 12, and the rape was outrageously or wantonly vile, horrible or inhumane, in that it involved torture or depravity of mind (2)(2) Forcible sodomy or attempted forcible sodomy of a victim under age (2)(3) Forcible sodomy or attempted forcible sodomy of a victim under age 12, and the sodomy was outrageously or wantonly vile, horrible or inhumane, in that it involved torture or depravity of mind (2)(2) First degree child molestation of a victim under age 12 and (1) the offender has a prior sex offense conviction, OR (2) the offender inflicts serious physical injury, displays a deadly weapon or deadly instrument in a threatening manner, or the offense is committed as part of a ritual or ceremony A defendant over age 21 entices or attempts to entice a child under age 15 with the purpose of engaging in sexual conduct with that child Life 30 years Life 5 Years Sex trafficking of a child under age 12 Life (2)- (3) Persistent sex offender: defendant is convicted of forcible rape, first degree statutory rape, forcible sodomy, first degree statutory sodomy or an attempt to commit any of these crimes AND has a prior conviction for forcible rape, rape, first degree statutory rape, forcible sodomy, sodomy, first degree statutory sodomy or an attempt to commit any of these crimes Life rd offense, failure to register as a sex offender 2 Years 2

3 Code Section Drug Offenses Offense Trafficking in the First Degree (distributing, delivering, manufacturing, producing, or attempting to distribute, deliver, manufacture, or produce a controlled substance) (1)(2) 90 grams or more of a mixture or substance containing a detectable amount of heroin (2)(2) 450 grams or more of a mixture or substance containing a detectable amount of coca leaves Mandatory Minimum (3)(2) 6 grams or more of a mixture or substance containing cocaine base (4)(2) 1 gram or more of a mixture or substance containing a detectable amount of L.S.D. (5)(2) 90 grams or more of a mixture or substance containing a detectable amount of PCP (6)(2) 12 grams or more of phencyclidine (7)(2) 100 kilograms or more of a mixture or substance containing marijuana (8)(2) 90 grams or more of a material, compound, mixture, or preparation which contains any quantity of amphetamine, methamphetamine, phenmetrazine, or methylphenidate (8)(2) 30 grams or more of a material, compound, mixture, or preparation which contains any quantity of amphetamine, methamphetamine, phenmetrazine, or methylphenidate, AND the offense occurred - within 2,000 feet of a school or public housing, or - within a motor vehicle, or - within any structure or building which contains rooms furnished for the accommodation or lodging of guests, and kept, used, maintained, advertised, or held out to the public as a place where sleeping accommodations are sought for pay or compensation to transient guests or permanent guests (9)(2) 90 grams or more of a material, compound, mixture, or preparation which contains 3,4-methylenedioxymethamphetamine (9)(2) 30 grams or more of a material, compound, mixture, or preparation which contains 3,4-methylenedioxymethamphetamine, AND the offense occurred - within 2,000 feet of a school or public housing, or - within a motor vehicle, or - within any structure or building which contains rooms furnished for the accommodation or lodging of guests, and kept, used, maintained, advertised, or held out to the public as a place where sleeping accommodations are sought for pay or compensation to transient guests or permanent guests 3

4 Code Section Drug Offenses, cont. Offense Trafficking in the Second Degree (possessing or having under control, purchasing or attempting to purchase, or bringing into the state a controlled substance) (9)(3) 450 grams or more of a material, compound, mixture, or preparation which contains any quantity of amphetamine, methamphetamine, phenmetrazine, or methylphenidate Mandatory Minimum (10)(3) 450 grams or more of 3,4-methylenedioxymethamphetamine Persistent Drug Offenders (defendant has two or more prior felony convictions related to controlled substances) (2) Distributing, delivering, manufacturing, producing, or attempting to distribute, deliver, manufacture, produce, or possessing with intent to distribute, deliver, manufacture, or produce a controlled substance, other than less than five grams of marijuana (2) Second degree trafficking: grams of a mixture or substance containing a detectable amount of heroin (2) Second degree trafficking: grams of a mixture or substance containing a detectable amount of coca leaves (2) Second degree trafficking: 2 6 grams of a mixture or substance containing cocaine base (2) Second degree trafficking: 500 milligrams 1 gram of a mixture or substance containing a detectable amount of L.S.D (2) Second degree trafficking: grams of a mixture or substance containing a detectable amount of PCP (2) Second degree trafficking: 4 12 grams of phencyclidine (2) Second degree trafficking: kilograms of a mixture or substance containing marijuana (2) Second degree trafficking: grams of a material, compound, mixture, or preparation which contains any quantity of amphetamine, methamphetamine, phenmetrazine, or methylphenidate Prior Drug Offenders (defendant has one prior felony conviction related to controlled substances) Unlawful distribution to a minor or unlawful purchase or transport with a minor (3) Second degree trafficking: 90 grams or more of a mixture or substance containing a detectable amount of heroin (3) Second degree trafficking: 450 grams or more of a mixture or substance containing a detectable amount of coca leaves 4

5 Drug Offenses, cont (3) Second degree trafficking: 6 grams or more of a mixture or substance containing cocaine base (3) Second degree trafficking: 1 gram or more of a mixture or substance containing a detectable amount of L.S.D (3) Second degree trafficking: 90 grams or more of a mixture or substance containing a detectable amount of PCP (3) Second degree trafficking: 12 grams or more of phencyclidine (3) Second degree trafficking: 100 kilograms or more of a mixture or substance containing marijuana (3) Second degree trafficking: more than 500 marijuana plants (3) Second degree trafficking: grams of a material, compound, mixture, or preparation which contains any quantity of amphetamine, methamphetamine, phenmetrazine, or methylphenidate First degree trafficking: grams of a mixture or substance containing a detectable amount of heroin First degree trafficking: grams of a mixture or substance containing a detectable amount of coca leaves First degree trafficking: 2 6 grams of a mixture or substance containing cocaine base First degree trafficking: 500 milligrams 1 gram of a mixture or substance containing a detectable amount of L.S.D First degree trafficking: grams of a mixture or substance containing a detectable amount of PCP First degree trafficking: 4 12 grams of phencyclidine First degree trafficking: kilograms of a mixture or substance containing marijuana First degree trafficking: grams of a material, compound, mixture, or preparation which contains any quantity of amphetamine, methamphetamine, phenmetrazine, or methylphenidate Weapons Offenses Code Section Offense Mandatory Minimum (1) Committing a felony± by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon 3 Years, added to the sentence for the underlying crime (2) Second offense of committing a felony± by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon 5 Years, added to the sentence for the underlying crime 5

6 Weapons Offenses, cont (3) Third or subsequent offense of committing a felony± by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon (8)(2) If the offender is a prior offender* and discharges or shoots a firearm at or from a motor vehicle, at any person, or at any building or habitable structure, unless the person was lawfully acting in self-defense If the offender is a persistent offender,** and (8)(3) discharges or shoots a firearm at or from a motor vehicle, at any person, or at any building or habitable structure, unless the person was lawfully acting in self-defense, added to the sentence for the underlying crime 15 Years ± Excluding felonies under MO. REV. STAT , , , , and *A prior offender is one who has pleaded guilty or been found guilty of one felony. See MO. REV. STAT (2). **A persistent offender is one who has pleaded guilty or been found guilty of two or more felonies committed at different times. See MO. REV. STAT (3). 6