State Codes and Statutes

Statutes > Missouri > T33 > C491 > 491_078

Juvenile court adjudication, use to affect credibility--sexualoffense adjudication, affect on credibility--multipleadjudications, admissible, when.

491.078. 1. Notwithstanding any other provision of law to thecontrary, a juvenile court adjudication for any of the following acts maybe used to affect the credibility of a witness or a defendant in a criminalcase, if such acts occurred within three years of the date of any sworntestimony by the witness or defendant:

(1) An act that would have been a class A or class B felony ifcommitted by an adult;

(2) An act that would have been a class C or class D felony ifcommitted by an adult, if the juvenile court record contains at least oneother adjudication for any act that would have been a felony if committedby an adult.

2. In any case in which a defendant is charged with a sexual offenseunder the provisions of chapter 566, RSMo, a juvenile court adjudication ofthe defendant may be used to question the credibility of the defendant ifsuch adjudication is for an act which would have been a violation ofchapter 566, RSMo, if the act had been committed by an adult and if suchjuvenile court adjudication occurred within three years of the commissionof the pending offense. If the defendant's juvenile court records containmore than one adjudication for acts which would have been violations ofchapter 566, RSMo, if committed by an adult, such multiple adjudicationsshall be admissible for impeachment regardless of when they occurred.

(L. 1995 H.B. 174, et al. § 1)

State Codes and Statutes

Statutes > Missouri > T33 > C491 > 491_078

Juvenile court adjudication, use to affect credibility--sexualoffense adjudication, affect on credibility--multipleadjudications, admissible, when.

491.078. 1. Notwithstanding any other provision of law to thecontrary, a juvenile court adjudication for any of the following acts maybe used to affect the credibility of a witness or a defendant in a criminalcase, if such acts occurred within three years of the date of any sworntestimony by the witness or defendant:

(1) An act that would have been a class A or class B felony ifcommitted by an adult;

(2) An act that would have been a class C or class D felony ifcommitted by an adult, if the juvenile court record contains at least oneother adjudication for any act that would have been a felony if committedby an adult.

2. In any case in which a defendant is charged with a sexual offenseunder the provisions of chapter 566, RSMo, a juvenile court adjudication ofthe defendant may be used to question the credibility of the defendant ifsuch adjudication is for an act which would have been a violation ofchapter 566, RSMo, if the act had been committed by an adult and if suchjuvenile court adjudication occurred within three years of the commissionof the pending offense. If the defendant's juvenile court records containmore than one adjudication for acts which would have been violations ofchapter 566, RSMo, if committed by an adult, such multiple adjudicationsshall be admissible for impeachment regardless of when they occurred.

(L. 1995 H.B. 174, et al. § 1)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T33 > C491 > 491_078

Juvenile court adjudication, use to affect credibility--sexualoffense adjudication, affect on credibility--multipleadjudications, admissible, when.

491.078. 1. Notwithstanding any other provision of law to thecontrary, a juvenile court adjudication for any of the following acts maybe used to affect the credibility of a witness or a defendant in a criminalcase, if such acts occurred within three years of the date of any sworntestimony by the witness or defendant:

(1) An act that would have been a class A or class B felony ifcommitted by an adult;

(2) An act that would have been a class C or class D felony ifcommitted by an adult, if the juvenile court record contains at least oneother adjudication for any act that would have been a felony if committedby an adult.

2. In any case in which a defendant is charged with a sexual offenseunder the provisions of chapter 566, RSMo, a juvenile court adjudication ofthe defendant may be used to question the credibility of the defendant ifsuch adjudication is for an act which would have been a violation ofchapter 566, RSMo, if the act had been committed by an adult and if suchjuvenile court adjudication occurred within three years of the commissionof the pending offense. If the defendant's juvenile court records containmore than one adjudication for acts which would have been violations ofchapter 566, RSMo, if committed by an adult, such multiple adjudicationsshall be admissible for impeachment regardless of when they occurred.

(L. 1995 H.B. 174, et al. § 1)