☰ Revisor of Missouri

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 558

< > Effective - 28 Aug 2021, 2 histories bottom

  558.026.  Concurrent and consecutive terms of imprisonment. — 1.  Multiple sentences of imprisonment shall run concurrently unless the court specifies that they shall run consecutively; except in the case of multiple sentences of imprisonment imposed for any offense committed during or at the same time as, or multiple offenses of, the following felonies:

  (1)  Rape in the first degree, forcible rape, or rape;

  (2)  Statutory rape in the first degree;

  (3)  Sodomy in the first degree, forcible sodomy, or sodomy;

  (4)  Statutory sodomy in the first degree; or

  (5)  An attempt to commit any of the felonies listed in this subsection. In such case, the sentence of imprisonment imposed for any felony listed in this subsection or an attempt to commit any of the aforesaid shall run consecutively to the other sentences.  The sentences imposed for any other offense may run concurrently.

  2.  If a person who is on probation, parole or conditional release is sentenced to a term of imprisonment for an offense committed after the granting of probation or parole or after the start of his or her conditional release term, the court shall direct the manner in which the sentence or sentences imposed by the court shall run with respect to any resulting probation, parole or conditional release revocation term or terms.  If the subsequent sentence to imprisonment is in another jurisdiction, the court shall specify how any resulting probation, parole or conditional release revocation term or terms shall run with respect to the foreign sentence of imprisonment.

  3.  A court may cause any sentence it imposes to run concurrently with a sentence an individual is serving or is to serve in another state or in a federal correctional center.  If the Missouri sentence is served in another state or in a federal correctional center, subsection 4 of section 558.011 and section 217.690 shall apply as if the individual were serving his or her sentence within the department of corrections of the state of Missouri, except that a personal hearing before the parole board shall not be required for parole consideration.

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(L. 1977 S.B. 60, A.L. 1980 H.B. 1138, et al., A.L. 1982 H.B. 1196, A.L. 1983 H.B. 713 Revision, A.L. 1995 H.B. 424, A.L. 2013 H.B. 215, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)

(1985) Court construed this section to mandate consecutive sentences for rape and sodomy committed by defendant at the same time. Adams v. State (Mo.App.), 688 S.W.2d 401.

(1991) Although statute requires consecutive sentences any time a sex crime is committed at the same time as any other felony, even if the additional felony is also a sex crime, the sentencing court has discretion to run sentences concurrently, when a defendant's convictions consist only of sex offenses. State v. Harger, 804 S.W.2d 35 (Mo. App.).


---- end of effective  28 Aug 2021 ----

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