Persistent sexual offender, predatory sexual offender, defined,extension of term, when, minimum term.
558.018. 1. The court shall sentence a person who has pleaded guiltyto or has been found guilty of the felony of forcible rape, statutory rapein the first degree, forcible sodomy, statutory sodomy in the first degreeor an attempt to commit any of the crimes designated in this subsection toan extended term of imprisonment if it finds the defendant is a persistentsexual offender.
2. A "persistent sexual offender" is one who has previously pleadedguilty to or has been found guilty of the felony of forcible rape, rape,statutory rape in the first degree, forcible sodomy, sodomy, statutorysodomy in the first degree or an attempt to commit any of the crimesdesignated in this subsection.
3. The term of imprisonment for one found to be a persistent sexualoffender shall be imprisonment for life without eligibility for probationor parole. Subsection 4 of section 558.019 shall not apply to any personimprisoned under this subsection, and "imprisonment for life" shall meanimprisonment for the duration of the person's natural life.
4. The court shall sentence a person who has pleaded guilty to or hasbeen found guilty of the felony of forcible rape, statutory rape in thefirst degree, forcible sodomy, statutory sodomy in the first degree, or anattempt to commit any of the preceding crimes or child molestation in thefirst degree when classified as a class B felony or sexual abuse whenclassified as a class B felony to an extended term of imprisonment asprovided for in this section if it finds the defendant is a predatorysexual offender.
5. For purposes of this section, a "predatory sexual offender" is aperson who:
(1) Has previously pleaded guilty to or has been found guilty of thefelony of forcible rape, rape, statutory rape in the first degree, forciblesodomy, sodomy, statutory sodomy in the first degree, or an attempt tocommit any of the preceding crimes or child molestation in the first degreewhen classified as a class B felony or sexual abuse when classified as aclass B felony; or
(2) Has previously committed an act which would constitute an offenselisted in subsection 4 of this section, whether or not the act resulted ina conviction; or
(3) Has committed an act or acts against more than one victim whichwould constitute an offense or offenses listed in subsection 4 of thissection, whether or not the defendant was charged with an additionaloffense or offenses as a result of such act or acts.
6. A person found to be a predatory sexual offender shall beimprisoned for life with eligibility for parole, however subsection 4 ofsection 558.019 shall not apply to persons found to be predatory sexualoffenders for the purposes of determining the minimum prison term or thelength of sentence as defined or used in such subsection. Notwithstandingany other provision of law, in no event shall a person found to be apredatory sexual offender receive a final discharge from parole.
7. Notwithstanding any other provision of law, the court shall setthe minimum time required to be served before a predatory sexual offenderis eligible for parole, conditional release or other early release by thedepartment of corrections. The minimum time to be served by a person foundto be a predatory sexual offender who:
(1) Has previously pleaded guilty to or has been found guilty of thefelony of forcible rape, rape, statutory rape in the first degree, forciblesodomy, sodomy, statutory sodomy in the first degree, or an attempt tocommit any of the preceding crimes and pleads guilty to or is found guiltyof the felony of forcible rape, statutory rape in the first degree,forcible sodomy, statutory sodomy in the first degree or an attempt tocommit any of the preceding crimes shall be any number of years but notless than thirty years;
(2) Has previously pleaded guilty to or has been found guilty ofchild molestation in the first degree when classified as a class B felonyor sexual abuse when classified as a class B felony and pleads guilty to oris found guilty of attempting to commit or committing forcible rape,statutory rape in the first degree, forcible sodomy or statutory sodomy inthe first degree shall be any number of years but not less than fifteenyears;
(3) Has previously pleaded guilty to or has been found guilty of thefelony of forcible rape, rape, statutory rape in the first degree, forciblesodomy, sodomy, statutory sodomy in the first degree, or an attempt tocommit any of the preceding crimes and pleads guilty to or is found guiltyof child molestation in the first degree when classified as a class Bfelony or sexual abuse when classified as a class B felony shall be anynumber of years but not less than fifteen years;
(4) Has previously pleaded guilty to or has been found guilty ofchild molestation in the first degree when classified as a class B felonyor sexual abuse when classified as a class B felony, and pleads guilty toor is found guilty of child molestation in the first degree when classifiedas a class B felony or sexual abuse when classified as a class B felonyshall be any number of years but not less than fifteen years;
(5) Is found to be a predatory sexual offender pursuant tosubdivision (2) or (3) of subsection 5 of this section shall be any numberof years within the range to which the person could have been sentencedpursuant to the applicable law if the person was not found to be apredatory sexual offender.
8. Notwithstanding any provision of law to the contrary, thedepartment of corrections, or any division thereof, may not furlough anindividual found to be and sentenced as a persistent sexual offender or apredatory sexual offender.
(1985) Constitutionality of this section upheld against claim that the statute was invalid as an ex post facto law and a denial of due process. State v. Williams (Mo.banc), 700 S.W.2d 451.
Persistent sexual offender, predatory sexual offender, defined,extension of term, when, minimum term.
558.018. 1. The court shall sentence a person who has pleaded guiltyto or has been found guilty of the felony of forcible rape, statutory rapein the first degree, forcible sodomy, statutory sodomy in the first degreeor an attempt to commit any of the crimes designated in this subsection toan extended term of imprisonment if it finds the defendant is a persistentsexual offender.
2. A "persistent sexual offender" is one who has previously pleadedguilty to or has been found guilty of the felony of forcible rape, rape,statutory rape in the first degree, forcible sodomy, sodomy, statutorysodomy in the first degree or an attempt to commit any of the crimesdesignated in this subsection.
3. The term of imprisonment for one found to be a persistent sexualoffender shall be imprisonment for life without eligibility for probationor parole. Subsection 4 of section 558.019 shall not apply to any personimprisoned under this subsection, and "imprisonment for life" shall meanimprisonment for the duration of the person's natural life.
4. The court shall sentence a person who has pleaded guilty to or hasbeen found guilty of the felony of forcible rape, statutory rape in thefirst degree, forcible sodomy, statutory sodomy in the first degree, or anattempt to commit any of the preceding crimes or child molestation in thefirst degree when classified as a class B felony or sexual abuse whenclassified as a class B felony to an extended term of imprisonment asprovided for in this section if it finds the defendant is a predatorysexual offender.
5. For purposes of this section, a "predatory sexual offender" is aperson who:
(1) Has previously pleaded guilty to or has been found guilty of thefelony of forcible rape, rape, statutory rape in the first degree, forciblesodomy, sodomy, statutory sodomy in the first degree, or an attempt tocommit any of the preceding crimes or child molestation in the first degreewhen classified as a class B felony or sexual abuse when classified as aclass B felony; or
(2) Has previously committed an act which would constitute an offenselisted in subsection 4 of this section, whether or not the act resulted ina conviction; or
(3) Has committed an act or acts against more than one victim whichwould constitute an offense or offenses listed in subsection 4 of thissection, whether or not the defendant was charged with an additionaloffense or offenses as a result of such act or acts.
6. A person found to be a predatory sexual offender shall beimprisoned for life with eligibility for parole, however subsection 4 ofsection 558.019 shall not apply to persons found to be predatory sexualoffenders for the purposes of determining the minimum prison term or thelength of sentence as defined or used in such subsection. Notwithstandingany other provision of law, in no event shall a person found to be apredatory sexual offender receive a final discharge from parole.
7. Notwithstanding any other provision of law, the court shall setthe minimum time required to be served before a predatory sexual offenderis eligible for parole, conditional release or other early release by thedepartment of corrections. The minimum time to be served by a person foundto be a predatory sexual offender who:
(1) Has previously pleaded guilty to or has been found guilty of thefelony of forcible rape, rape, statutory rape in the first degree, forciblesodomy, sodomy, statutory sodomy in the first degree, or an attempt tocommit any of the preceding crimes and pleads guilty to or is found guiltyof the felony of forcible rape, statutory rape in the first degree,forcible sodomy, statutory sodomy in the first degree or an attempt tocommit any of the preceding crimes shall be any number of years but notless than thirty years;
(2) Has previously pleaded guilty to or has been found guilty ofchild molestation in the first degree when classified as a class B felonyor sexual abuse when classified as a class B felony and pleads guilty to oris found guilty of attempting to commit or committing forcible rape,statutory rape in the first degree, forcible sodomy or statutory sodomy inthe first degree shall be any number of years but not less than fifteenyears;
(3) Has previously pleaded guilty to or has been found guilty of thefelony of forcible rape, rape, statutory rape in the first degree, forciblesodomy, sodomy, statutory sodomy in the first degree, or an attempt tocommit any of the preceding crimes and pleads guilty to or is found guiltyof child molestation in the first degree when classified as a class Bfelony or sexual abuse when classified as a class B felony shall be anynumber of years but not less than fifteen years;
(4) Has previously pleaded guilty to or has been found guilty ofchild molestation in the first degree when classified as a class B felonyor sexual abuse when classified as a class B felony, and pleads guilty toor is found guilty of child molestation in the first degree when classifiedas a class B felony or sexual abuse when classified as a class B felonyshall be any number of years but not less than fifteen years;
(5) Is found to be a predatory sexual offender pursuant tosubdivision (2) or (3) of subsection 5 of this section shall be any numberof years within the range to which the person could have been sentencedpursuant to the applicable law if the person was not found to be apredatory sexual offender.
8. Notwithstanding any provision of law to the contrary, thedepartment of corrections, or any division thereof, may not furlough anindividual found to be and sentenced as a persistent sexual offender or apredatory sexual offender.
(1985) Constitutionality of this section upheld against claim that the statute was invalid as an ex post facto law and a denial of due process. State v. Williams (Mo.banc), 700 S.W.2d 451.
Persistent sexual offender, predatory sexual offender, defined,extension of term, when, minimum term.
558.018. 1. The court shall sentence a person who has pleaded guiltyto or has been found guilty of the felony of forcible rape, statutory rapein the first degree, forcible sodomy, statutory sodomy in the first degreeor an attempt to commit any of the crimes designated in this subsection toan extended term of imprisonment if it finds the defendant is a persistentsexual offender.
2. A "persistent sexual offender" is one who has previously pleadedguilty to or has been found guilty of the felony of forcible rape, rape,statutory rape in the first degree, forcible sodomy, sodomy, statutorysodomy in the first degree or an attempt to commit any of the crimesdesignated in this subsection.
3. The term of imprisonment for one found to be a persistent sexualoffender shall be imprisonment for life without eligibility for probationor parole. Subsection 4 of section 558.019 shall not apply to any personimprisoned under this subsection, and "imprisonment for life" shall meanimprisonment for the duration of the person's natural life.
4. The court shall sentence a person who has pleaded guilty to or hasbeen found guilty of the felony of forcible rape, statutory rape in thefirst degree, forcible sodomy, statutory sodomy in the first degree, or anattempt to commit any of the preceding crimes or child molestation in thefirst degree when classified as a class B felony or sexual abuse whenclassified as a class B felony to an extended term of imprisonment asprovided for in this section if it finds the defendant is a predatorysexual offender.
5. For purposes of this section, a "predatory sexual offender" is aperson who:
(1) Has previously pleaded guilty to or has been found guilty of thefelony of forcible rape, rape, statutory rape in the first degree, forciblesodomy, sodomy, statutory sodomy in the first degree, or an attempt tocommit any of the preceding crimes or child molestation in the first degreewhen classified as a class B felony or sexual abuse when classified as aclass B felony; or
(2) Has previously committed an act which would constitute an offenselisted in subsection 4 of this section, whether or not the act resulted ina conviction; or
(3) Has committed an act or acts against more than one victim whichwould constitute an offense or offenses listed in subsection 4 of thissection, whether or not the defendant was charged with an additionaloffense or offenses as a result of such act or acts.
6. A person found to be a predatory sexual offender shall beimprisoned for life with eligibility for parole, however subsection 4 ofsection 558.019 shall not apply to persons found to be predatory sexualoffenders for the purposes of determining the minimum prison term or thelength of sentence as defined or used in such subsection. Notwithstandingany other provision of law, in no event shall a person found to be apredatory sexual offender receive a final discharge from parole.
7. Notwithstanding any other provision of law, the court shall setthe minimum time required to be served before a predatory sexual offenderis eligible for parole, conditional release or other early release by thedepartment of corrections. The minimum time to be served by a person foundto be a predatory sexual offender who:
(1) Has previously pleaded guilty to or has been found guilty of thefelony of forcible rape, rape, statutory rape in the first degree, forciblesodomy, sodomy, statutory sodomy in the first degree, or an attempt tocommit any of the preceding crimes and pleads guilty to or is found guiltyof the felony of forcible rape, statutory rape in the first degree,forcible sodomy, statutory sodomy in the first degree or an attempt tocommit any of the preceding crimes shall be any number of years but notless than thirty years;
(2) Has previously pleaded guilty to or has been found guilty ofchild molestation in the first degree when classified as a class B felonyor sexual abuse when classified as a class B felony and pleads guilty to oris found guilty of attempting to commit or committing forcible rape,statutory rape in the first degree, forcible sodomy or statutory sodomy inthe first degree shall be any number of years but not less than fifteenyears;
(3) Has previously pleaded guilty to or has been found guilty of thefelony of forcible rape, rape, statutory rape in the first degree, forciblesodomy, sodomy, statutory sodomy in the first degree, or an attempt tocommit any of the preceding crimes and pleads guilty to or is found guiltyof child molestation in the first degree when classified as a class Bfelony or sexual abuse when classified as a class B felony shall be anynumber of years but not less than fifteen years;
(4) Has previously pleaded guilty to or has been found guilty ofchild molestation in the first degree when classified as a class B felonyor sexual abuse when classified as a class B felony, and pleads guilty toor is found guilty of child molestation in the first degree when classifiedas a class B felony or sexual abuse when classified as a class B felonyshall be any number of years but not less than fifteen years;
(5) Is found to be a predatory sexual offender pursuant tosubdivision (2) or (3) of subsection 5 of this section shall be any numberof years within the range to which the person could have been sentencedpursuant to the applicable law if the person was not found to be apredatory sexual offender.
8. Notwithstanding any provision of law to the contrary, thedepartment of corrections, or any division thereof, may not furlough anindividual found to be and sentenced as a persistent sexual offender or apredatory sexual offender.
(1985) Constitutionality of this section upheld against claim that the statute was invalid as an ex post facto law and a denial of due process. State v. Williams (Mo.banc), 700 S.W.2d 451.
