Section 304.070

There are multiple enactments of 304.070

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 304

Effective - 28 Aug 2026, 5 histories, see footnote   

  304.070.  Violation of section 304.050, penalty, fines — suspension of license, when. — 1.  Any person who violates any of the provisions of subsections 1, 3, and 7 of section 304.050 is guilty of a class A misdemeanor.  Any person who violates subsection 1 of section 304.050 where such violation results in the physical injury of any child shall be guilty of a class E felony.  Any person who violates subsection 1 of section 304.050 where such violation causes the serious physical injury or death of any child shall be guilty of a class D felony.  For the purposes of this subsection, "physical injury" means physical pain, illness, or any impairment of physical condition including, but not limited to, bruising, lacerations, hematomas, welts, or permanent or temporary disfigurement and impairment of any bodily function or organ.  The term "serious physical injury" means a physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.

  2.  Notwithstanding any other provision of law to the contrary, any person found guilty of a violation of subsection 1 of section 304.050 shall be subject to the following fines:

  (1)  For a first offense, a fine of at least five hundred dollars but not more than one thousand dollars;

  (2)  For a second offense within a five-year period, a fine of at least one thousand dollars but not more than two thousand dollars; and

  (3)  For a third or subsequent offense within a five-year period, a fine of at least one thousand five hundred dollars but not more than three thousand dollars.

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No court shall suspend any portion of the fines established under this subsection.

  3.  No violation of subsection 1 of section 304.050 shall be disposed of through the state fine collection center or by payment of a fine without an appearance in open court.  The defendant shall appear in person or by attorney for disposition.

  4.  The driver's license of any person found guilty of a first violation of subsection 1 of section 304.050 may be suspended by the director of revenue, with such suspension at the discretion of the court.  The director of revenue shall suspend the driver's license of any person found guilty of a violation of subsection 1 of section 304.050, as follows:

  (1)  For a second offense within a five-year period, ninety days; and

  (2)  For a third or subsequent offense within a five-year period, one hundred eighty days.

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Such suspensions shall be mandatory and shall be in addition to any other driver's license suspension or revocation required or authorized under chapter 302.

  5.  The fines and suspensions required under subsections 2 and 4 of this section shall apply to all violations of subsection 1 of section 304.050, including violations resulting in injury or death of a child, and shall be in addition to the penalties listed under subsection 1 of this section.

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(L. 1949 p. 329 § 3, A.L. 1965 p. 486, A.L. 1985 H.B. 288, et al., A.L. 2004 S.B. 1233, et al., A.L. 2006 S.B. 872, et al., A.L. 2014 S.B. 491, A.L. 2026 S.B. 1421)

Severability clause, see § 1.1010