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State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T38 > C566 > 566_030

Forcible rape and attempted forcible rape, penalties–suspendedsentences not granted, when.

566.030. 1. A person commits the crime of forcible rape if suchperson has sexual intercourse with another person by the use of forciblecompulsion. Forcible compulsion includes the use of a substanceadministered without a victim's knowledge or consent which renders thevictim physically or mentally impaired so as to be incapable of making aninformed consent to sexual intercourse.

2. Forcible rape or an attempt to commit forcible rape is a felonyfor which the authorized term of imprisonment is life imprisonment or aterm of years not less than five years, unless:

(1) In the course thereof the actor inflicts serious physical injuryor displays a deadly weapon or dangerous instrument in a threatening manneror subjects the victim to sexual intercourse or deviate sexual intercoursewith more than one person, in which case the authorized term ofimprisonment is life imprisonment or a term of years not less than fifteenyears;

(2) The victim is a child less than twelve years of age, in whichcase the required term of imprisonment is life imprisonment withouteligibility for probation or parole until the defendant has served not lessthan thirty years of such sentence or unless the defendant has reached theage of seventy-five years and has served at least fifteen years of suchsentence, unless such forcible rape is described under subdivision (3) ofthis subsection; or

(3) The victim is a child less than twelve years of age and suchforcible rape was outrageously or wantonly vile, horrible or inhumane, inthat it involved torture or depravity of mind, in which case the requiredterm of imprisonment is life imprisonment without eligibility forprobation, parole or conditional release.

3. Subsection 4 of section 558.019, RSMo, shall not apply to thesentence of a person who has pleaded guilty to or has been found guilty offorcible rape when the victim is under the age of twelve, and “lifeimprisonment” shall mean imprisonment for the duration of a person'snatural life for the purposes of this section.

4. No person found guilty of or pleading guilty to forcible rape oran attempt to commit forcible rape shall be granted a suspended impositionof sentence or suspended execution of sentence.

(L. 1977 S.B. 60, A.L. 1980 H.B. 1138, et al., A.L. 1990 H.B. 1370, et al., A.L. 1993 S.B. 180, A.L. 1994 S.B. 693, A.L. 1998 H.B. 1779, A.L. 2006 H.B. 1698, et al., A.L. 2009 S.B. 36 & 112)

CROSS REFERENCES:

Child abuse, definitions, actions for civil damages may be brought, when, RSMo 537.046

No bail, certain defendants, certain offenses, RSMo 544.671

Prosecuting witness in rape case not to be interrogated as to prior sexual conduct, RSMo 491.015

(1997) Female can be held guilty of rape where she aids a male in committing the rape, even though she cannot commit a rape individually. Bass v. State, 950 S.W.2d 940 (Mo.App.W.D.).