Section 558.016

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 558

Effective - 28 Aug 2005, 3 histories, see footnote   (history) 

  *558.016.  Until December 31, 2016 — Extended terms for recidivism — definitions — persistent misdemeanor offender. — 1.  The court may sentence a person who has pleaded guilty to or has been found guilty of an offense to a term of imprisonment as authorized by section 558.011 or to a term of imprisonment authorized by a statute governing the offense if it finds the defendant is a prior offender or a persistent misdemeanor offender, or to an extended term of imprisonment if it finds the defendant is a persistent offender or a dangerous offender.

  2.  A "prior offender" is one who has pleaded guilty to or has been found guilty of one felony.

  3.  A "persistent offender" is one who has pleaded guilty to or has been found guilty of two or more felonies committed at different times.

  4.  A "dangerous offender" is one who:

  (1)  Is being sentenced for a felony during the commission of which he knowingly murdered or endangered or threatened the life of another person or knowingly inflicted or attempted or threatened to inflict serious physical injury on another person; and

  (2)  Has pleaded guilty to or has been found guilty of a class A or B felony or a dangerous felony.

  5.  A "persistent misdemeanor offender" is one who has pleaded guilty to or has been found guilty of two or more class A or B misdemeanors, committed at different times, which are defined as offenses under chapters 195, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, and 576.

  6.  The pleas or findings of guilty shall be prior to the date of commission of the present offense.

  7.  The total authorized maximum terms of imprisonment for a persistent offender or a dangerous offender are:

  (1)  For a class A felony, any sentence authorized for a class A felony;

  (2)  For a class B felony, any sentence authorized for a class A felony;

  (3)  For a class C felony, any sentence authorized for a class B felony;

  (4)  For a class D felony, any sentence authorized for a class C felony.

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(L. 1977 S.B. 60, A.L. 1980 H.B. 1138, et al., A.L. 1981 H.B. 554, A.L. 1990 H.B. 974, A.L. 2003 S.B. 5, A.L. 2005 H.B. 353)

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