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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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Description
Explore the manual's chapter headings, including general code provisions, homicide, drug offenses, and more.
