Gang-Related Legislation by State Index

Missouri

Drive-By Shooting (view all states for this subject)

Missouri § 571.030. Unlawful Use of Weapons—Exceptions—Penalties

1. A person commits the crime of unlawful use of weapons if he or she knowingly:

(9) Discharges or shoots a firearm at or from a motor vehicle, as defined in Section 301.010, RSMo, discharges or shoots a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person was lawfully acting in self-defense; or

8. Unlawful use of weapons is a Class D felony unless committed pursuant to Subdivision (6), (7), or (8) of Subsection 1 of this section, in which cases it is a Class B misdemeanor, or Subdivision (5) or (10) of Subsection 1 of this section, in which case it is a Class A misdemeanor if the firearm is unloaded and a Class D felony if the firearm is loaded, or Subdivision (9) of Subsection 1 of this section, in which case it is a Class B felony, except that if the violation of Subdivision (9) of Subsection 1 of this section results in injury or death to another person, it is a Class A felony.

9. Violations of Subdivision (9) of Subsection 1 of this section shall be punished as follows:

(1) For the first violation a person shall be sentenced to the maximum authorized term of imprisonment for a Class B felony;

(2) For any violation by a prior offender as defined in Section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a Class B felony without the possibility of parole, probation or conditional release for a term of ten years;

(3) For any violation by a persistent offender as defined in Section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a Class B felony without the possibility of parole, probation, or conditional release;

(4) For any violation which results in injury or death to another person, a person shall be sentenced to an authorized disposition for a Class A felony.

10. Any person knowingly aiding or abetting any other person in the violation of Subdivision (9) of Subsection 1 of this section shall be subject to the same penalty as that prescribed by this section for violations by other persons.

Enhanced Penalties—Sentencing (view all states for this subject)

Missouri § 565.032. Evidence to Be Considered in Assessing Punishment in First Degree Murder Cases for Which Death Penalty Authorized

1. In all cases of murder in the first degree for which the death penalty is authorized, the judge in a jury-waived trial shall consider, or he shall include in his instructions to the jury for it to consider:

(1) Whether a statutory aggravating circumstance or circumstances enumerated in subsection 2 of this section is established by the evidence beyond a reasonable doubt; and

(2) If a statutory aggravating circumstance or circumstances is proven beyond a reasonable doubt, whether the evidence as a whole justifies a sentence of death or a sentence of life imprisonment without eligibility for probation, parole, or release except by act of the governor. In determining the issues enumerated in subdivisions (1) and (2) of this subsection, the trier shall consider all evidence which it finds to be in aggravation or mitigation of punishment, including evidence received during the first stage of the trial and evidence supporting any of the statutory aggravating or mitigating circumstances set out in subsections 2 and 3 of this section. If the trier is a jury, it shall not be instructed upon any specific evidence which may be in aggravation or mitigation of punishment, but shall be instructed that each juror shall consider any evidence which he considers to be aggravating or mitigating.

2. Statutory aggravating circumstances for a murder in the first degree offense shall be limited to the following:

(1) The offense was committed by a person with a prior record of conviction for murder in the first degree, or the offense was committed by a person who has one or more serious assaultive criminal convictions;

(2) The murder in the first degree offense was committed while the offender was engaged in the commission or attempted commission of another unlawful homicide;

(3) The offender by his act of murder in the first degree knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be hazardous to the lives of more than one person;

(4) The offender committed the offense of murder in the first degree for himself or another, for the purpose of receiving money or any other thing of monetary value from the victim of the murder or another;

(5) The murder in the first degree was committed against a judicial officer, former judicial officer, prosecuting attorney or former prosecuting attorney, circuit attorney or former circuit attorney, assistant prosecuting attorney or former assistant prosecuting attorney, assistant circuit attorney or former assistant circuit attorney, peace officer or former peace officer, elected official or former elected official during or because of the exercise of his official duty;

(6) The offender caused or directed another to commit murder in the first degree or committed murder in the first degree as an agent or employee of another person;

(17) The murder was committed during the commission of a crime which is part of a pattern of criminal street gang activity as defined in section 578.421.

Missouri § 578.425. Felony or Misdemeanors Committed to Promote or Assist Criminal Conduct by Gang Members, Punishment in Addition to Regular Sentences

Any person who is convicted of a felony or a misdemeanor which is committed for the benefit of, at the direction of, or in association with, any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall be punished in the following manner:

(1) Any person who violates this section in the commission of a misdemeanor shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in a state correctional facility for one, two, or three years;

(2) Any person who violates this section in the commission of a felony shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony of which he has been convicted, be punished by an additional term of one, two, or three years at the court’s discretion. If the underlying felony is committed on the grounds of, or within one thousand feet of a public or private elementary, vocational, junior high or high school, the additional term shall be two, three, or four years, at the court’s discretion. The court shall order the imposition of the middle term of the sentence enhancement, unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its choice of sentence enhancements on the record at the time of sentencing;

(3) Any person who violates this section in the commission of a felony punishable by death or imprisonment for life shall not be paroled until a minimum of fifteen calendar years have been served in the custody of the department of corrections.

Gang Participation (view all states for this subject)

Missouri § 578.423. Participating Knowingly in Criminal Street Gang Activities, Penalty—Persons Between Ages of Fourteen and Seventeen Participating to be Transferred to Courts of General Jurisdiction

Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal street gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by gang members shall be punished by imprisonment in the county jail for a period not to exceed one year, or by imprisonment in a state correctional facility for one, two, or three years. For any person between the ages of fourteen and seventeen who is alleged to have violated the provisions of sections 578.421 to 578.437 the prosecuting attorney or circuit attorney may move for dismissal of a petition and transfer to a court of general jurisdiction.

Gang Prevention (view all states for this subject)

Missouri § 161.650. Department to Identify and Adopt Violence Prevention Program, District to Administer—State Board to Adopt Violence Prevention Program—Duties—Administered How—Funding

1. The department of elementary and secondary education shall identify and adopt an existing program or programs of educational instruction regarding violence prevention to be administered by public school districts pursuant to subsection 2 of this section, and which shall include, but shall not be limited to, instructing students of the negative consequences, both to the individual and to society at large, of membership in or association with criminal street gangs or participation in criminal street gang activity, as those phrases are defined in section 578.421, and shall include related training for school district employees directly responsible for the education of students concerning violence prevention and early identification of and intervention in violent behavior. The state board of education shall adopt such program or programs by rule as approved for use in Missouri public schools. The program or programs of instruction shall encourage nonviolent conflict resolution of problems facing youth; present alternative constructive activities for the students; encourage community participation in program instruction, including but not limited to parents and law enforcement officials; and shall be administered as appropriate for different grade levels and shall not be offered for academic credit.

2. All public school districts within this state with the approval of the district's board of education may administer the program or programs of student instruction adopted pursuant to subsection 1 of this section to students within the district starting at the kindergarten level and every year thereafter through the twelfth-grade level.

3. Any district adopting and providing a program of instruction pursuant to this section shall be entitled to receive state aid pursuant to section 163.031. If such aid is determined by the department to be insufficient to implement any program or programs adopted by a district pursuant to this section:

(1) The department may fund the program or programs adopted pursuant to this section or pursuant to subsection 2 of section 160.530, or both, after securing any funding available from alternative sources; and

(2) School districts may fund the program or programs from funds received pursuant to subsection 1 of section 160.530.

4. No rule or portion of a rule promulgated pursuant to this section shall become effective unless it has been promulgated pursuant to chapter 536.

Missouri § 589.310. Establishment and Enhancement of Local Crime Prevention Programs—Proactive Partnership Prevention Approach—Amount of Funding—Audit—Rules

1. Subject to availability of funds within the Missouri crime prevention information and programming fund, the director, or his designee, may contract with local law enforcement or prevention-related organizations to assist in establishing or enhancing local crime prevention programs. Such programs would include, but not be limited to:

(6) Gang-related activity prevention;

Gang-Related Definitions (view all states for this subject)

Missouri § 578.421. Definitions

(1) "Criminal street gang", any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in subdivision (2) of this section, which has a common name or common identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity;

(2) "Pattern of criminal street gang activity", the commission, attempted commission, or solicitation of two or more of the following offenses, provided at least one of those offenses occurred after August 28, 1993, and the last of those offenses occurred within three years after a prior offense, and the offenses are committed on separate occasions, or by two or more persons:

(a) Assault with a deadly weapon or by means of force likely to cause serious physical injury, as provided in sections 565.050 and 565.060, RSMo;

(b) Robbery, arson and those offenses under chapter 569, RSMo, which are related to robbery and arson;

(c) Murder or manslaughter, as provided in sections 565.020 to 565.024, RSMo;

(d) Any violation of the provisions of chapter 195, RSMo, which involves the distribution, delivery or manufacture of a substance prohibited by chapter 195, RSMo;

(e) Unlawful use of a weapon which is a felony pursuant to section 571.030, RSMo;

(f) Tampering with witnesses and victims, as provided in section 575.270, RSMo

Missouri § 578.435. Weapon Defined—Weapons Owned or in Possession of Gang Members May Be Confiscated—Weapon Deemed a Nuisance and Destroyed by Court Order, When

1. As used in this section and section 578.437, the term "weapon" means any firearm, concealable firearm, blackjack, explosive weapon, gas gun, knife, knuckles, machine gun, projectile weapon, rifle, short barrel, shotgun, or switchblade knife, as defined in section 571.010, RSMo.

2. Any weapon which is owned or possessed by a member of a criminal street gang for the purposes of the commission of an offense enumerated in subdivision (2) of section 578.421 may be confiscated by any law enforcement agency or peace officer as defined in section 590.100, RSMo. If the law enforcement agency or peace officer believes that the return of the weapon confiscated has been or will be used in criminal street gang activity or that the return of the weapon would be likely to result in endangering the safety of others, the law enforcement agency or peace officer may initiate a petition in circuit court to determine if the weapon should be returned or declared a nuisance. If the court declares such weapon to be a nuisance, the weapon shall be destroyed.

Gangs and Schools (view all states for this subject)

Missouri § 161.650. Department to Identify and Adopt Violence Prevention Program, District to Administer—State Board to Adopt Violence Prevention Program—Duties—Administered How—Funding

1. The department of elementary and secondary education shall identify and adopt an existing program or programs of educational instruction regarding violence prevention to be administered by public school districts pursuant to subsection 2 of this section, and which shall include, but shall not be limited to, instructing students of the negative consequences, both to the individual and to society at large, of membership in or association with criminal street gangs or participation in criminal street gang activity, as those phrases are defined in section 578.421, and shall include related training for school district employees directly responsible for the education of students concerning violence prevention and early identification of and intervention in violent behavior. The state board of education shall adopt such program or programs by rule as approved for use in Missouri public schools. The program or programs of instruction shall encourage nonviolent conflict resolution of problems facing youth; present alternative constructive activities for the students; encourage community participation in program instruction, including but not limited to parents and law enforcement officials; and shall be administered as appropriate for different grade levels and shall not be offered for academic credit.

2. All public school districts within this state with the approval of the district's board of education may administer the program or programs of student instruction adopted pursuant to subsection 1 of this section to students within the district starting at the kindergarten level and every year thereafter through the twelfth-grade level.

3. Any district adopting and providing a program of instruction pursuant to this section shall be entitled to receive state aid pursuant to section 163.031. If such aid is determined by the department to be insufficient to implement any program or programs adopted by a district pursuant to this section:

(1) The department may fund the program or programs adopted pursuant to this section or pursuant to subsection 2 of section 160.530, or both, after securing any funding available from alternative sources; and

(2) School districts may fund the program or programs from funds received pursuant to subsection 1 of section 160.530.

4. No rule or portion of a rule promulgated pursuant to this section shall become effective unless it has been promulgated pursuant to chapter 536.

Gangs and Weapons (view all states for this subject)

Missouri § 578.435. Weapon Defined—Weapons Owned or in Possession of Gang Members May Be Confiscated—Weapon Deemed a Nuisance and Destroyed by Court Order, When

1. As used in this section and section 578.437, the term "weapon" means any firearm, concealable firearm, blackjack, explosive weapon, gas gun, knife, knuckles, machine gun, projectile weapon, rifle, short barrel, shotgun, or switchblade knife, as defined in section 571.010, RSMo.

2. Any weapon which is owned or possessed by a member of a criminal street gang for the purposes of the commission of an offense enumerated in subdivision (2) of section 578.421 may be confiscated by any law enforcement agency or peace officer as defined in section 590.100, RSMo. If the law enforcement agency or peace officer believes that the return of the weapon confiscated has been or will be used in criminal street gang activity or that the return of the weapon would be likely to result in endangering the safety of others, the law enforcement agency or peace officer may initiate a petition in circuit court to determine if the weapon should be returned or declared a nuisance. If the court declares such weapon to be a nuisance, the weapon shall be destroyed.

Missouri § 578.437. Weapon Not to Be Declared a Nuisance Unless Notice Given to Lawful Owner, Procedure—Burden of Proof on State That Return of Weapon Would Endanger Lives

No weapon shall be declared a nuisance pursuant to section 578.435 and this section unless reasonable notice has been given to the lawful owner thereof, if his identity and address can be reasonably ascertained. The law enforcement agency shall inform the lawful owner at that person’s last known address by registered mail that the owner of the weapon has thirty days from the date of receipt of the notice to respond to the clerk of the court to confirm his desire for a hearing, and that the failure to respond shall result in a default order and thereupon such weapon shall be declared a nuisance. If the person requests a hearing the court shall set a hearing no later than sixty days from the receipt of such request, and shall notify the person, the law enforcement agency involved, and the prosecuting attorney of the date, time, and place of the hearing. At such hearing the burden of proof shall be upon the state to show by a preponderance of the evidence that the seized item has been or will be used in criminal street gang activity, or that the return of the weapon would likely result in the endangering of the lives of others.

Juvenile Gang Members (view all states for this subject)

Missouri § 578.423. Participating Knowingly in Criminal Street Gang Activities, Penalty—Persons Between Ages of Fourteen and Seventeen Participating to be Transferred to Courts of General Jurisdiction

Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal street gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by gang members shall be punished by imprisonment in the county jail for a period not to exceed one year, or by imprisonment in a state correctional facility for one, two, or three years. For any person between the ages of fourteen and seventeen who is alleged to have violated the provisions of sections 578.421 to 578.437 the prosecuting attorney or circuit attorney may move for dismissal of a petition and transfer to a court of general jurisdiction.

Miscellaneous Gang Legislation (view all states for this subject)

Missouri § 578.427. Labor Union Activities and Other Employee Activities, Exempt—Local Governments May Adopt Laws Consistent With and Alternative To

2. Nothing in sections 578.421 to 578.437 shall prevent a local governing body from adopting and enforcing laws consistent with sections 578.421 to 578.437 relating to gangs and gang violence. Where those local laws duplicate or supplement the provisions of sections 578.421 to 578.437, sections 578.421 to 578.437 shall be construed as providing alternative remedies and not as preempting the field.

Public Nuisance/Premises Used by Gangs (view all states for this subject)

Missouri § 578.430. Buildings, Rooms and Structures Used for Criminal Street Gangs’ Activities Deemed Public Nuisances—Owner Knowing of Gang Use, Court May Order No Occupancy Up to One Year

1. Any room, building, structure or inhabitable structure as defined in section 569.010, RSMo, which is used by a criminal street gang in a pattern of criminal street gang activity shall be deemed a public nuisance. No person shall keep or maintain such a public nuisance.

2. The attorney general, circuit attorney or prosecuting attorney may, in addition to any criminal prosecutions, prosecute a suit in equity to enjoin the public nuisance. If the court finds that the owner of the room, building, structure or inhabitable structure knew that the premises were being used for criminal street gangs in a pattern of criminal street gang activity, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one year.

3. All persons, including owners, lessees, officers, agents, offenders or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance.

Missouri § 578.435. Weapon Defined—Weapons Owned or in Possession of Gang Members May Be Confiscated—Weapon Deemed a Nuisance and Destroyed by Court Order, When

1. As used in this section and section 578.437, the term "weapon" means any firearm, concealable firearm, blackjack, explosive weapon, gas gun, knife, knuckles, machine gun, projectile weapon, rifle, short barrel, shotgun, or switchblade knife, as defined in section 571.010, RSMo.

2. Any weapon which is owned or possessed by a member of a criminal street gang for the purposes of the commission of an offense enumerated in subdivision (2) of section 578.421 may be confiscated by any law enforcement agency or peace officer as defined in section 590.100, RSMo. If the law enforcement agency or peace officer believes that the return of the weapon confiscated has been or will be used in criminal street gang activity or that the return of the weapon would be likely to result in endangering the safety of others, the law enforcement agency or peace officer may initiate a petition in circuit court to determine if the weapon should be returned or declared a nuisance. If the court declares such weapon to be a nuisance, the weapon shall be destroyed.

Missouri § 578.437. Weapon Not to Be Declared a Nuisance Unless Notice Given to Lawful Owner, Procedure—Burden of Proof on State That Return of Weapon Would Endanger Lives

No weapon shall be declared a nuisance pursuant to section 578.435 and this section unless reasonable notice has been given to the lawful owner thereof, if his identity and address can be reasonably ascertained. The law enforcement agency shall inform the lawful owner at that person’s last known address by registered mail that the owner of the weapon has thirty days from the date of receipt of the notice to respond to the clerk of the court to confirm his desire for a hearing, and that the failure to respond shall result in a default order and thereupon such weapon shall be declared a nuisance. If the person requests a hearing the court shall set a hearing no later than sixty days from the receipt of such request, and shall notify the person, the law enforcement agency involved, and the prosecuting attorney of the date, time, and place of the hearing. At such hearing the burden of proof shall be upon the state to show by a preponderance of the evidence that the seized item has been or will be used in criminal street gang activity, or that the return of the weapon would likely result in the endangering of the lives of others.


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