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?

    <p>Class D felony</p> Signup and view all the answers

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

    <p>32 hours</p> Signup and view all the answers

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

    <p>A physical or mental impairment</p> 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?

    <p>Manual 121</p> Signup and view all the answers

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

    <p>When the state believes the crime was motivated by certain factors</p> Signup and view all the answers

    What is the term for the different classifications of crimes?

    <p>Offense</p> Signup and view all the answers

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

    <p>Sex of the victim</p> Signup and view all the answers

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

    <p>Included Offense</p> Signup and view all the answers

    During which time does the statute of limitation not run?

    <p>When the accused is absent from the state</p> Signup and view all the answers

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

    <p>Requirements for enhancing the penalties for Hate Crimes</p> Signup and view all the answers

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

    <p>To provide definitions used in the Blue Book and in the Statutes</p> Signup and view all the answers

    How many chapters are in the Missouri Criminal Code Handbook?

    <p>21 chapters</p> Signup and view all the answers

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

    <p>Homicide, Assaults, and Kidnapping</p> Signup and view all the answers

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

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

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

    <p>If the person had actual knowledge of the criminal activity</p> Signup and view all the answers

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

    <p>No time limit</p> Signup and view all the answers

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

    <p>One year</p> Signup and view all the answers

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

    <p>If the offense involves fraud or a breach of fiduciary obligation</p> 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?

    <p>At any time</p> Signup and view all the answers

    When is an offense considered to be committed?

    <p>When every element occurs</p> 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?

    <p>One year after discovery of the offense</p> Signup and view all the answers

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

    <p>The day after the offense is committed</p> Signup and view all the answers

    How is a prosecution commenced for a felony?

    <p>When the complaint or indictment is filed</p> Signup and view all the answers

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

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

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

    <p>The severity of the punishment</p> Signup and view all the answers

    What is an infraction?

    <p>An offense that carries a fine or civil penalty</p> Signup and view all the answers

    What is an included offense?

    <p>A lesser degree of the offense charged</p> Signup and view all the answers

    What is the purpose of the Criminal Activity Forfeiture Act?

    <p>To deter criminal activity and generate revenue</p> Signup and view all the answers

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

    <p>To determine if forfeiture is warranted and file a petition</p> Signup and view all the answers

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

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

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

    <p>It broadened the scope of the act</p> Signup and view all the answers

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

    <p>To seize the property and report to the prosecuting attorney or attorney general</p> Signup and view all the answers

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

    <p>Probable cause to believe the property is subject to forfeiture</p> 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.

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