Section 557.021

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 557

Effective - 13 Aug 1988, 4 histories, see footnote (history) 

  *557.021.  Until December 31, 2016 — Classification of offenses outside this code. — 1.  Any offense defined outside this code which is declared to be a misdemeanor without specification of the penalty therefor is a class A misdemeanor.

  2.  Any offense defined outside this code which is declared to be a felony without specification of the penalty therefor is a class D felony.

  3.  For the purpose of applying the extended term provisions of section 558.016 and the minimum prison term provisions of section 558.019 and for determining the penalty for attempts and conspiracies, offenses defined outside of this code shall be classified as follows:

  (1)  If the offense is a felony:

  (a)  It is a class A felony if the authorized penalty includes death, life imprisonment or imprisonment for a term of twenty years or more;

  (b)  It is a class B felony if the maximum term of imprisonment authorized exceeds ten years but is less than twenty years;

  (c)  It is a class C felony if the maximum term of imprisonment authorized is ten years;

  (d)  It is a class D felony if the maximum term of imprisonment is less than ten years;

  (2)  If the offense is a misdemeanor:

  (a)  It is a class A misdemeanor if the authorized imprisonment exceeds six months in jail;

  (b)  It is a class B misdemeanor if the authorized imprisonment exceeds thirty days but is not more than six months;

  (c)  It is a class C misdemeanor if the authorized imprisonment is thirty days or less;

  (d)  It is an infraction if there is no authorized imprisonment.

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(L. 1977 S.B. 60, A.L. 1988 H.B. 1340 & 1348)

*This section was amended by H.B. 2332, 2016, as well as S.B. 491, 2014, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.