In this Chapter, unless the context requires a different definition,
the following shall apply:
Has the meaning specified in Section 556.056, RSMo.
Has the meaning specified in Section 556.051, RSMo.
Any person who develops exposed photographic film into negatives,
slides or prints or who makes prints from negatives or slides for
compensation. The term "commercial film and photographic print
processor" shall include all employees of such persons but
shall not include a person who develops film or makes prints for a
public agency.
A person is in confinement when he/she is held in a place of
confinement pursuant to arrest or order of a court and remains in
confinement until:
A person is not in confinement if:
He/she is on probation or parole, temporary or otherwise; or
He/she is under sentence to serve a term of confinement which
is not continuous, or is serving a sentence under a work-release program,
and in either such case is not being held in a place of confinement
or is not being held under guard by a person having the legal power
and duty to transport him/her to or from a place of confinement.
Consent or lack of consent may be expressed or implied. Assent
does not constitute consent if:
It is given by a person who lacks the mental capacity to authorize
the conduct charged to constitute the offense and such mental incapacity
is manifest or known to the actor; or
It is given by a person who by reason of youth, mental disease
or defect, or intoxication is manifestly unable or known by the actor
to be unable to make a reasonable judgment as to the nature or harmfulness
of the conduct charged to constitute the offense; or
It is induced by force, duress or deception.
Has the meaning specified in Section 562.016, RSMo.
A person is in custody when he/she has been arrested but
has not been delivered to a place of confinement.
The felonies of arson in the first degree, assault in the
first degree, attempted forcible rape if physical injury results,
attempted forcible sodomy if physical injury results, forcible rape,
forcible sodomy, kidnapping, murder in the second degree, assault
of a Law Enforcement Officer in the first degree, domestic assault
in the first degree, elder abuse in the first degree, robbery in the
first degree, statutory rape in the first degree when the victim is
a child less than twelve (12) years of age at the time of the commission
of the act giving rise to the offense, statutory sodomy in the first
degree when the victim is a child less than twelve (12) years of age
at the time of the commission of the act giving rise to the offense,
and abuse of a child pursuant to Subdivision (2) of Subsection (3)
of Section 568.060, RSMo., child kidnapping, and parental kidnapping
committed by detaining or concealing the whereabouts of the child
for not less than one hundred twenty (120) days under Section 565.153,
RSMo.
Any instrument, article or substance which, under the circumstances
in which it is used, is readily capable of causing death or other
serious physical injury.
Any firearm, loaded or unloaded, or any weapon from which
a shot, readily capable of producing death or serious physical injury,
may be discharged or a switchblade knife, dagger, billy, blackjack
or metal knuckles.
Has the meaning specified in Section 556.016, RSMo.
Means either:
That physical or mental condition, temporary or permanent,
in which a person is unconscious, unable to appraise the nature of
his/her conduct, or unable to communicate unwillingness to an act.
A person is not "incapacitated" with respect to an
act committed upon him/her if he/she became unconscious, unable to
appraise the nature of his/her conduct, or unable to communicate unwillingness
to an act after consenting to the act.
Has the meaning specified in Section 556.021, RSMo.
Has the meaning specified in Section 569.010, RSMo.
Has the meaning specified in Section 562.016, RSMo.
Any public servant having both the power and duty to make
arrests for violations of the laws of this State, and Federal Law
Enforcement Officers authorized to carry firearms and to make arrests
for violations of the laws of the United States.
Has the meaning specified in Section 556.016, RSMo.
Any felony, ordinance violation, misdemeanor or infraction.
Physical pain, illness, or any impairment of physical condition.
Any building or facility and the grounds thereof wherein
a court is legally authorized to order that a person charged with
or convicted of a crime be held.
Having actual or constructive possession of an object with
knowledge of its presence. A person has actual possession if he/she
has the object on his/her person or within easy reach and convenient
control. A person has constructive possession if he/she has the power
and the intention at a given time to exercise dominion or control
over the object either directly or through another person or persons.
Possession may also be sole or joint. If one (1) person alone has
possession of an object, possession is sole. If two (2) or more persons
share possession of an object, possession is joint.
Any person employed in any way by a government of this State
who is compensated by the government by reason of his/her employment,
any person appointed to a position with any government of this State,
or any person elected to a position with any government of this State.
It includes, but is not limited to, legislators, jurors, members of
the judiciary and Law Enforcement Officers. It does not include witnesses.
Has the meaning specified in Section 562.016, RSMo.
Has the meaning specified in Section 562.016, RSMo.
An act or series of acts performed by two (2) or more persons
as part of an established or prescribed pattern of activity.
An injury that creates a substantial risk of temporary or
permanent medical or psychological damage manifested by impairment
of a behavioral, cognitive or physical condition. "Serious
emotional injury" shall be established by testimony of qualified
experts upon the reasonable expectation of probable harm to a reasonable
degree of medical or psychological certainty.
Physical injury that creates a substantial risk of death
or that causes serious disfigurement or protracted loss or impairment
of the function of any part of the body.
Acts of human masturbation; deviate sexual intercourse; sexual
intercourse; or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks, or the breast of a female in an act
of apparent sexual stimulation or gratification.
Any touching of the genitals or anus of any person, or the
breast of any female person, or any such touching through the clothing
for the purpose of arousing or gratifying sexual desire of any person.
Any performance, or part thereof, which includes sexual conduct
by a child who is less than seventeen (17) years of age.
Has the meaning specified in Section 562.011, RSMo.
A.
A person
is guilty of attempt to commit an offense when, with the purpose of
committing the offense, he/she does any act which is a substantial
step towards the commission of the offense. A "substantial
step" is conduct which is strongly corroborative of the firmness
of the actor's purpose to complete the commission of the offense.
B.
It
is no defense to a prosecution under this Section that the offense
attempted was, under the actual attendant circumstances, factually
or legally impossible of commission, if such offense could have been
committed had the attendant circumstances been as the actor believed
them to be.
A.
A person
is guilty of conspiracy with another person or persons to commit an
offense if, with the purpose of promoting or facilitating its commission,
he/she agrees with such other person or persons that they or one (1)
or more of them will engage in conduct which constitutes such offense.
B.
If
a person guilty of conspiracy knows that a person with whom he/she
conspires to commit an offense has conspired with another person or
persons to commit the same offense, he/she is guilty of conspiring
with such other person or persons to commit such offense, whether
or not he/she knows their identity.
C.
If
a person conspires to commit a number of offenses, he/she is guilty
of only one (1) conspiracy so long as such multiple offenses are the
object of the same agreement.
D.
No
person may be convicted of conspiracy to commit an offense unless
an overt act in pursuance of such conspiracy is alleged and proved
to have been done by him/her or by a person with whom he/she conspired.
E.
Exception.
1.
No one shall be convicted of conspiracy if, after conspiring to commit
the offense, he/she prevented the accomplishment of the objectives
of the conspiracy under circumstances manifesting a renunciation of
his/her criminal purpose.
2.
The defendant shall have the burden of injecting the issue of renunciation
of criminal purpose under Subparagraph (1) of this Subsection.
F.
For
the purpose of time limitations on prosecutions:
1.
Conspiracy is a continuing course of conduct which terminates when
the offense or offenses which are its object are committed or the
agreement that they be committed is abandoned by the defendant and
by those with whom he/she conspired.
2.
If an individual abandons the agreement, the conspiracy is terminated
as to him/her only if he/she advises those with whom he/she has conspired
of his/her abandonment or he/she informs the law enforcement authorities
of the existence of the conspiracy and of his/her participation in
it.
G.
A person
may not be charged, convicted or sentenced on the basis of the same
course of conduct of both the actual commission of an offense and
a conspiracy to commit that offense.
