Select Missouri Mandatory Minimum Laws

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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 parole 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

Offender’s Mandatory Minimum Prison Term

One 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 Two 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 Three or more 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

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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 parole are prohibited. See Section 559.115 for full details and exclusions.

Violent Offenses Code

Section

Offense Mandatory Minimum Sentence

565.020 First degree murder Death or life without parole 569.025 First degree robbery of a pharmacy 10 Years

569.035 Second degree robbery of a pharmacy 5 Years Sex Offenses

Code Section Offense Mandatory

Minimum Sentence 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

Life without parole 566.060(2)(2) Forcible sodomy or attempted forcible sodomy of a victim under age

12

30 years 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

Life without parole 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

10 Years

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

5 Years

566.213 Sex trafficking of a child under age 12 Life without parole

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 without parole

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Drug Offenses Code

Section

Offense Mandatory

Minimum Sentence 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

10 Years (2)(2) 450 grams or more of a mixture or substance containing a detectable

amount of coca leaves

10 Years (3)(2) 6 grams or more of a mixture or substance containing cocaine base 10 Years (4)(2) 1 gram or more of a mixture or substance containing a detectable

amount of L.S.D.

10 Years (5)(2) 90 grams or more of a mixture or substance containing a detectable

amount of PCP

10 Years

(6)(2) 12 grams or more of phencyclidine 10 Years

(7)(2) 100 kilograms or more of a mixture or substance containing marijuana 10 Years (8)(2) 90 grams or more of a material, compound, mixture, or preparation

which contains any quantity of amphetamine, methamphetamine, phenmetrazine, or methylphenidate

10 Years

(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

10 Years

(9)(2) 90 grams or more of a material, compound, mixture, or preparation which contains 3,4-methylenedioxymethamphetamine

10 Years (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

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Drug Offenses, cont. Code

Section

Offense Mandatory

Minimum Sentence 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

10 Years

(10)(3) 450 grams or more of 3,4-methylenedioxymethamphetamine 10 Years 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

10 Years

195.295(2) Second degree trafficking: 30 – 90 grams of a mixture or substance containing a detectable amount of heroin

10 Years 195.295(2) Second degree trafficking: 150 – 450 grams of a mixture or substance

containing a detectable amount of coca leaves

containing cocaine base

10 Years 195.295(2) Second degree trafficking: 500 milligrams – 1 gram of a mixture or

substance containing a detectable amount of L.S.D.

containing a detectable amount of PCP

10 Years 195.295(2) Second degree trafficking: 4 – 12 grams of phencyclidine 10 Years 195.295(2) Second degree trafficking: 30 – 100 kilograms of a mixture or

substance containing marijuana

10 Years 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

10 Years

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

10 Years 195.295(3) Second degree trafficking: 90 grams or more of a mixture or substance

containing a detectable amount of heroin

10 Years 195.295(3) Second degree trafficking: 450 grams or more of a mixture or

substance containing a detectable amount of coca leaves

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Drug Offenses, cont.

195.295(3) Second degree trafficking: 6 grams or more of a mixture or substance containing cocaine base

10 Years 195.295(3) Second degree trafficking: 1 gram or more of a mixture or substance

containing a detectable amount of L.S.D.

10 Years 195.295(3) Second degree trafficking: 90 grams or more of a mixture or substance

10 Years 195.295(3) Second degree trafficking: 12 grams or more of phencyclidine 10 Years 195.295(3) Second degree trafficking: 100 kilograms or more of a mixture or

substance containing marijuana

10 Years 195.295(3) Second degree trafficking: more than 500 marijuana plants 10 Years 195.295(3) Second degree trafficking: 90 – 450 grams of a material, compound,

10 Years

195.296 First degree trafficking: 30 – 90 grams of a mixture or substance containing a detectable amount of heroin

10 Years 195.296 First degree trafficking: 150 – 450 grams of a mixture or substance

containing a detectable amount of coca leaves

containing cocaine base

10 Years 195.296 First degree trafficking: 500 milligrams – 1 gram of a mixture or

substance containing a detectable amount of L.S.D.

10 Years 195.296 First degree trafficking: 4 – 12 grams of phencyclidine 10 Years 195.296 First degree trafficking: 30 – 100 kilograms of a mixture or substance

containing marijuana

10 Years 195.296 First degree trafficking: 30 – 90 grams of a material, compound,

10 Years

Weapons Offenses

Code Section Offense Mandatory Minimum

Sentence 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

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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

10 Years, added to the sentence for the underlying crime 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

10 Years

571.030(8)(3)

If the offender is a persistent 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

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).