566.067. 1. A person commits the crime of child molestation in thefirst degree if he or she subjects another person who is less than fourteenyears of age to sexual contact.
2. Child molestation in the first degree is a class B felony unless:
(1) The actor has previously been convicted of an offense under thischapter or in the course thereof the actor inflicts serious physicalinjury, displays a deadly weapon or deadly instrument in a threateningmanner, or the offense is committed as part of a ritual or ceremony, inwhich case the crime is a class A felony; or
(2) The victim is a child less than twelve years of age and:
(a) The actor has previously been convicted of an offense under thischapter; or
(b) In the course thereof the actor inflicts serious physical injury,displays a deadly weapon or deadly instrument in a threatening manner, orif the offense is committed as part of a ritual or ceremony, in which case,the crime is a class A felony and such person shall serve his or her termof imprisonment without eligibility for probation or parole.
Child, genital mutilation of a female child, crime, penalty, defenses, RSMo 568.065
(2000) Suspended imposition of sentence is not a conviction and thus cannot be used to upgrade crime of child molestation in first degree. State v. Prell, 35 S.W.3d 447 (Mo.App.W.D.).
566.067. 1. A person commits the crime of child molestation in thefirst degree if he or she subjects another person who is less than fourteenyears of age to sexual contact.
2. Child molestation in the first degree is a class B felony unless:
(1) The actor has previously been convicted of an offense under thischapter or in the course thereof the actor inflicts serious physicalinjury, displays a deadly weapon or deadly instrument in a threateningmanner, or the offense is committed as part of a ritual or ceremony, inwhich case the crime is a class A felony; or
(2) The victim is a child less than twelve years of age and:
(a) The actor has previously been convicted of an offense under thischapter; or
(b) In the course thereof the actor inflicts serious physical injury,displays a deadly weapon or deadly instrument in a threatening manner, orif the offense is committed as part of a ritual or ceremony, in which case,the crime is a class A felony and such person shall serve his or her termof imprisonment without eligibility for probation or parole.
Child, genital mutilation of a female child, crime, penalty, defenses, RSMo 568.065
(2000) Suspended imposition of sentence is not a conviction and thus cannot be used to upgrade crime of child molestation in first degree. State v. Prell, 35 S.W.3d 447 (Mo.App.W.D.).
566.067. 1. A person commits the crime of child molestation in thefirst degree if he or she subjects another person who is less than fourteenyears of age to sexual contact.
2. Child molestation in the first degree is a class B felony unless:
(1) The actor has previously been convicted of an offense under thischapter or in the course thereof the actor inflicts serious physicalinjury, displays a deadly weapon or deadly instrument in a threateningmanner, or the offense is committed as part of a ritual or ceremony, inwhich case the crime is a class A felony; or
(2) The victim is a child less than twelve years of age and:
(a) The actor has previously been convicted of an offense under thischapter; or
(b) In the course thereof the actor inflicts serious physical injury,displays a deadly weapon or deadly instrument in a threatening manner, orif the offense is committed as part of a ritual or ceremony, in which case,the crime is a class A felony and such person shall serve his or her termof imprisonment without eligibility for probation or parole.
Child, genital mutilation of a female child, crime, penalty, defenses, RSMo 568.065
(2000) Suspended imposition of sentence is not a conviction and thus cannot be used to upgrade crime of child molestation in first degree. State v. Prell, 35 S.W.3d 447 (Mo.App.W.D.).
