MO Criminal Code Handbook Manual 121
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Questions and Answers

What is the primary way to navigate the MO Criminal Code Handbook Manual?

  • By looking at the chapter headings (correct)
  • By looking at the List of Appendices and Definitions
  • By searching for specific page numbers
  • By reading the entire book from cover to cover

    • What is the purpose of identifying the chapter that contains the offenses in the MO Criminal Code Handbook Manual?

  • To determine the penalty for a specific crime
  • To understand the purpose of the List of Appendices
  • To find the specific section and page number of the offense (correct)
  • To find the definition of an offense

    • How many classes of felonies are there in the new Revised Code?

  • Four
  • Six
  • Five (correct)
  • Three

    • What is the term for a violation of the law as classified in the MO Criminal Code Handbook Manual?

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

    How many chapters are there in the MO Criminal Code Handbook Manual?

    <p>Twenty-one</p> Signup and view all the answers

    What is the purpose of the trainee exercises in class?

    <p>To practice using the resource book to solve scenarios</p> Signup and view all the answers

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

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

    How long do you have to commence a prosecution for a misdemeanor?

    <p>1 year</p> Signup and view all the answers

    When can a prosecution for an offense based on fraud be commenced?

    <p>Within 1 year after discovery of the offense</p> Signup and view all the answers

    What happens to the statute of limitations if the accused is absent from the state?

    <p>The statute of limitations is paused</p> Signup and view all the answers

    When 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 time limit for commencing a prosecution for sodomy in the first degree?

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

    When does the statute of limitations start running?

    <p>On the day after the offense was committed</p> Signup and view all the answers

    What is the time limit for commencing a prosecution for an infraction?

    <p>6 months</p> Signup and view all the answers

    What happens to the statute of limitations if the accused is concealing himself from justice?

    <p>The statute of limitations is paused</p> Signup and view all the answers

    What is the penalty for certain crimes committed due to race, color, religion, national origin, sex, sexual orientation or disability of the victim?

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

    What is the maximum imprisonment term for a misdemeanor?

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

    What is the consequence of being convicted of an infraction?

    <p>It does not carry the consequences of a criminal conviction</p> Signup and view all the answers

    What is an included offense?

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

    What is the purpose of the Criminal Activity Forfeiture Act?

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

    When can a law enforcement officer seize property under the Criminal Activity Forfeiture Act?

    <p>Incident to a lawful arrest, search, or inspection</p> Signup and view all the answers

    What happens to the net proceeds of a judicial sale of forfeited property?

    <p>It goes to the state public school fund</p> Signup and view all the answers

    How long does a civil forfeiture action have to be brought after the criminal activity?

    <p>Within 5 years</p> Signup and view all the answers

    What happens to an innocent party's partial interest in property forfeited?

    <p>It is preserved</p> Signup and view all the answers

    What type of property is subject to forfeiture under the Criminal Activity Forfeiture Act?

    <p>Real and personal property, as well as intangible property having a pecuniary value</p> Signup and view all the answers

    What happens to a civil action under the Criminal Activity Forfeiture Act if the criminal action is dismissed or the defendant is acquitted?

    <p>The civil action is dismissed</p> Signup and view all the answers

    Study Notes

    MO Criminal Code Handbook Manual 121 (The Blue Book)

    • The Blue Book is divided into 21 chapters, plus a List of Appendices and Definitions.
    • The book can be used by looking at the Chapter headings to identify the relevant chapter containing the offense, and then finding the specific offense under that chapter heading.

    Chapter Headings

    • Examples of chapter headings include:
      • Chapter 2 — General Code Provisions
      • Chapter 5 — Homicide, Assaults, and Kidnapping
      • Chapter 7 — Drug Offenses
      • Chapter 8 — Robbery, Arson, Burglary & Related Offenses
      • Chapter 21 — Civil Process

    Classification of Offenses

    • Offenses are classified as:
      • Felonies: an offense is a felony if so designated or if defendants convicted thereof may be sentenced to death or imprisonment for a term which is in excess of one year.
      • Misdemeanors: an offense is a misdemeanor if it is so designated or if a defendant convicted thereof may be sentenced to imprisonment for a term of which the maximum is one year or less.
      • Infractions: an offense is an infraction if it is so designated or if no other sentence than a fine, or a fine and forfeiture or other civil penalty is authorized.

    Included Offenses

    • An offense is included in an offense charged in the indictment or information if:
      • It is established by proof of the same or less than all the facts required to establish the commission of the offense charged.
      • It is specifically denominated by statute as a lesser degree of the offense charged.
      • It consists of an attempt to commit the offense charged or to commit an offense otherwise included therein.

    Criminal Activity Forfeiture Act

    • The Criminal Activity Forfeiture Act allows for the seizing of all property associated with criminal activity.
    • A law enforcement officer may seize property if there is probable cause to believe the property is subject to forfeiture and will be lost or destroyed if not seized.
    • The officer must report the seizure to the prosecuting attorney or the attorney general within four days.
    • The PA or AG may then file a civil forfeiture petition with the courts within 10 days.

    Time Limitations

    • A prosecution for certain offenses, such as murder, rape, and class A felonies, may be commenced at any time.
    • For other offenses, prosecutions must be commenced within the following periods of limitation:
      • For any felony, three years.
      • For any misdemeanor, one year.
      • For any infraction, six months.

    Exceptions to Time Limitations

    • The period of limitation may be extended under certain circumstances, such as:
      • If the offense involves fraud or a breach of fiduciary obligation.
      • If the offense is based on misconduct in office by a public officer or employee.
      • If the offense is based on an intentional and willful fraudulent claim of child support arrearage.

    Hate Crimes

    • The Hate Crimes provision enhances penalties for certain crimes committed with certain motivational factors, such as race, color, religion, national origin, sex, sexual orientation, or disability of the victim or victims.
    • The provision applies to certain violations, such as property damage, assault, harassment, and trespassing.
    • The violation is a class D felony if the state believes it to be knowingly motivated by one of the specified factors.

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