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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 556

previous next Effective - 01 Jan 2017, 2 histories, see footnotebottom

  556.041.  Limitation on conviction for multiple offenses. — When the same conduct of a person may establish the commission of more than one offense he or she may be prosecuted for each such offense.  Such person may not, however, be convicted of more than one offense if:

  (1)  One offense is included in the other, as defined in section 556.046; or

  (2)  Inconsistent findings of fact are required to establish the commission of the offenses; or

  (3)  The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct; or

  (4)  The offense is defined as a continuing course of conduct and the person's course of conduct was uninterrupted, unless the law provides that specific periods of such conduct constitute separate offenses.

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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

(1981) Kidnapping and rape were separate offenses and defendant thus was not punished twice for same offense because confinement and movement of victim were not incidental to commission of rape but increased risk of harm and danger to victim. State v. Stewart (A.), 615 S.W.2d 600.

(1997) Conviction for both rape and child abuse did not subject defendant to double jeopardy.  Bass v. State, 950 S.W.2d 940 (Mo.App.W.D.).


---- end of effective   01 Jan 2017 ----

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556.041 1/1/2017
556.041 1/1/1979 1/1/2017

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