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 556.061: 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 556.061): 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 559.115 if they (1) meet the eligibility requirements, and (2) have not been convicted of any of the following: second degree murder ( 565.021), forcible rape ( 566.060), forcible sodomy ( 566.060), first 1
degree statutory rape ( 566.032), statutory first degree sodomy ( 566.062), Class A felony first degree child molestation ( 566.067), Class A felony abuse of a child ( 568.060), being a predatory sex offender ( 558.018), or any statutory offense for which probation or are prohibited. See Section 559.115 for full details and exclusions. Violent Offenses Code Offense Mandatory Minimum Section 565.020 First degree murder Death or life 569.025 First degree robbery of a pharmacy 569.035 Second degree robbery of a pharmacy 5 Years Sex Offenses Code Section Offense Mandatory Minimum 566.030(2)(2) Forcible rape or attempted forcible rape of a victim under age 12 30 Years 566.030(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 566.060(2)(2) Forcible sodomy or attempted forcible sodomy of a victim under age 12 566.060(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 566.067(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 566.151 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 566.213 Sex trafficking of a child under age 12 Life 558.018(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 589.425 3rd offense, failure to register as a sex offender 2 Years 2
Code Section Drug Offenses Offense 195.222 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
Code Section Drug Offenses, cont. Offense 195.223 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 195.275 Persistent Drug Offenders (defendant has two or more prior felony convictions related to controlled substances) 195.291(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 195.295(2) Second degree trafficking: 30 90 grams of a mixture or substance containing a detectable amount of heroin 195.295(2) Second degree trafficking: 150 450 grams of a mixture or substance containing a detectable amount of coca leaves 195.295(2) Second degree trafficking: 2 6 grams of a mixture or substance containing cocaine base 195.295(2) Second degree trafficking: 500 milligrams 1 gram of a mixture or substance containing a detectable amount of L.S.D. 195.295(2) Second degree trafficking: 30 90 grams of a mixture or substance containing a detectable amount of PCP 195.295(2) Second degree trafficking: 4 12 grams of phencyclidine 195.295(2) Second degree trafficking: 30 100 kilograms of a mixture or substance containing marijuana 195.295(2) Second degree trafficking: 30 90 grams of a material, compound, mixture, or preparation which contains any quantity of amphetamine, methamphetamine, phenmetrazine, or methylphenidate 195.275 Prior Drug Offenders (defendant has one prior felony conviction related to controlled substances) 195.292 Unlawful distribution to a minor or unlawful purchase or transport with a minor 195.295(3) Second degree trafficking: 90 grams or more of a mixture or substance containing a detectable amount of heroin 195.295(3) Second degree trafficking: 450 grams or more of a mixture or substance containing a detectable amount of coca leaves 4
Drug Offenses, cont. 195.295(3) Second degree trafficking: 6 grams or more of a mixture or substance containing cocaine base 195.295(3) Second degree trafficking: 1 gram or more of a mixture or substance containing a detectable amount of L.S.D. 195.295(3) Second degree trafficking: 90 grams or more of a mixture or substance containing a detectable amount of PCP 195.295(3) Second degree trafficking: 12 grams or more of phencyclidine 195.295(3) Second degree trafficking: 100 kilograms or more of a mixture or substance containing marijuana 195.295(3) Second degree trafficking: more than 500 marijuana plants 195.295(3) Second degree trafficking: 90 450 grams of a material, compound, mixture, or preparation which contains any quantity of amphetamine, methamphetamine, phenmetrazine, or methylphenidate 195.296 First degree trafficking: 30 90 grams of a mixture or substance containing a detectable amount of heroin 195.296 First degree trafficking: 150 450 grams of a mixture or substance containing a detectable amount of coca leaves 195.296 First degree trafficking: 2 6 grams of a mixture or substance containing cocaine base 195.296 First degree trafficking: 500 milligrams 1 gram of a mixture or substance containing a detectable amount of L.S.D. 195.296 First degree trafficking: 30 90 grams of a mixture or substance containing a detectable amount of PCP 195.296 First degree trafficking: 4 12 grams of phencyclidine 195.296 First degree trafficking: 30 100 kilograms of a mixture or substance containing marijuana 195.296 First degree trafficking: 30 90 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 571.015(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 571.015(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
Weapons Offenses, cont. 571.015(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 571.030(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 571.030(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. 564.590, 564.610, 564.620, 564.630, and 564.640. *A prior offender is one who has pleaded guilty or been found guilty of one felony. See MO. REV. STAT. 558.016(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. 558.016(3). 6