Missouri Statutory Law: Criminal Code Overview

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Questions and Answers

When does the statute of limitation not run?

When the accused is conceived in this state

When the accused is above 18 years old

When the accused is found to lack mental fitness to proceed

When the accused is absent from the state (correct)

What is a necessary condition for enhancing penalties for Hate Crimes?

The crime should be committed against a public figure

The crime should be committed in a public place

The crime should be a felony

The state should believe the crime was motivated by certain factors (correct)

Which of the following is not a crime that can be charged under this section?

Murder in the first degree (correct)

Tampering in the second degree

Harassment

Property damage in the first degree

What is the classification of a violation under this section?

Class D felony Signup and view all the answers

What is the minimum hours of instruction in Missouri Statutory Law that the trainee will receive?

32 hours Signup and view all the answers

What is meant by 'disability' in the context of Hate Crimes?

A physical or mental impairment Signup and view all the answers

What is the title of the manual that is used to locate information in the Missouri Criminal Code Handbook?

Manual 121 Signup and view all the answers

When can the state charge a crime or crimes under this section?

When the state believes the crime was motivated by certain factors Signup and view all the answers

What is the term for the different classifications of crimes?

Offense Signup and view all the answers

Which of the following is a factor for enhancing penalties for Hate Crimes?

Sex of the victim Signup and view all the answers

What is the term for a criminal act that is a lesser form of another crime?

Included Offense Signup and view all the answers

During which time does the statute of limitation not run?

When the accused is absent from the state Signup and view all the answers

What is the process of enhancing the penalties for Hate Crimes?

Requirements for enhancing the penalties for Hate Crimes Signup and view all the answers

What is the purpose of the List of Appendices and Definitions in the Missouri Criminal Code Handbook?

To provide definitions used in the Blue Book and in the Statutes Signup and view all the answers

How many chapters are in the Missouri Criminal Code Handbook?

21 chapters Signup and view all the answers

What is the topic of Chapter 5 in the Missouri Criminal Code Handbook?

Homicide, Assaults, and Kidnapping Signup and view all the answers

What may the court order as an alternative to destruction of illegal contraband?

Retention of property for official use by any state agency or subdivision Signup and view all the answers

Under what circumstances may an interest holder not be considered an innocent party?

If the person had actual knowledge of the criminal activity Signup and view all the answers

What is the time limit for commencing a prosecution for a class A felony?

No time limit Signup and view all the answers

What is the time limit for commencing a prosecution for a misdemeanor?

One year Signup and view all the answers

Under what circumstances may a prosecution be commenced after the expiration of the time limit?

If the offense involves fraud or a breach of fiduciary obligation Signup and view all the answers

What is the time limit for commencing a prosecution for an offense based on misconduct in office by a public officer or employee?

At any time Signup and view all the answers

When is an offense considered to be committed?

When every element occurs Signup and view all the answers

What is the time limit for commencing a prosecution for an offense based on an intentional and willful fraudulent claim of child support arrearage?

One year after discovery of the offense Signup and view all the answers

When does the time start to run for commencing a prosecution?

The day after the offense is committed Signup and view all the answers

How is a prosecution commenced for a felony?

When the complaint or indictment is filed Signup and view all the answers

What is the primary purpose of identifying the chapter that contains the offenses in a scenario?

To locate the specific offense and its corresponding chapter section and page number Signup and view all the answers

What is the key distinction between a felony and a misdemeanor?

The severity of the punishment Signup and view all the answers

What is an infraction?

An offense that carries a fine or civil penalty Signup and view all the answers

What is an included offense?

A lesser degree of the offense charged Signup and view all the answers

What is the purpose of the Criminal Activity Forfeiture Act?

To deter criminal activity and generate revenue Signup and view all the answers

What is the role of the prosecuting attorney or attorney general in the forfeiture process?

To determine if forfeiture is warranted and file a petition Signup and view all the answers

What is the consequence of a court finding that property is subject to forfeiture?

The property is sold and the proceeds go to the state revenue funds Signup and view all the answers

What is the significance of the 1986 legislation in relation to the Criminal Activity Forfeiture Act?

It broadened the scope of the act Signup and view all the answers

What is the role of the law enforcement officer in the seizure process?

To seize the property and report to the prosecuting attorney or attorney general Signup and view all the answers

What is the requirement for the law enforcement officer to seize property?

Probable cause to believe the property is subject to forfeiture Signup and view all the answers

Study Notes

Introduction to Missouri Statutory Law

The Missouri Criminal Code Handbook (Manual 121) is divided into 21 chapters, plus appendices and definitions
The handbook is a resource for locating specific offenses and determining the elements of crimes

Organization of the Missouri Criminal Code Handbook

The handbook is organized by chapter, with each chapter covering a specific area of criminal law (e.g. homicide, assault, drug offenses)
Trainees will learn how to use the handbook to locate specific offenses and determine the elements of crimes

Classification of Offenses

Offenses are classified as felonies or misdemeanors
Felonies are offenses punishable by imprisonment for more than one year
Misdemeanors are offenses punishable by imprisonment for one year or less
Infractions are offenses punishable by fine only and do not carry the consequences of a criminal conviction

Included Offenses

An included offense is an offense that is established by proof of the same or less than all the facts required to establish the commission of the offense charged
Included offenses can be part of many statutes in the criminal code
Examples of included offenses include robbery and stealing

Criminal Activity Forfeiture Act (CAFA)

CAFA allows for the seizure of property associated with criminal activity
Property subject to forfeiture includes real and personal property, as well as intangible property with pecuniary value
A law enforcement officer may seize property with probable cause, and the prosecuting attorney or attorney general may file a civil forfeiture petition within 10 days

Time Limitations for Prosecution

Prosecutions for murder, rape, and other serious crimes have no time limits
Prosecutions for other felonies must be commenced within three years
Prosecutions for misdemeanors must be commenced within one year
Prosecutions for infractions must be commenced within six months

Enhancing Penalties for Hate Crimes

Hate crimes are crimes committed with motivational factors such as race, color, religion, national origin, sex, sexual orientation, or disability
Hate crimes can enhance penalties for certain crimes, including property damage, assault, and harassment

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Description

This lesson plan covers an overview of the Missouri Criminal Code, including how to use the Missouri Criminal Code Handbook. Trainees will receive a minimum of 32 hours of instruction in Missouri Statutory Law.