Section 195.130

Title XII PUBLIC HEALTH AND WELFARE

Chapter 195

Effective - 19 Jun 1989, 2 histories, see footnote   (history) 

  195.130.  Until December 31, 2016 — Places used for illegal sale and use — nuisances, suits to enjoin, procedure — public nuisance, criminal penalty, property subject to forfeiture. — 1.  Any room, building, structure or inhabitable structure as defined in section 569.010 which is used for the illegal use, keeping or selling of controlled substances is a "public nuisance".  No person shall keep or maintain such a public nuisance.

  2.  The attorney general, circuit attorney or prosecuting attorney may, in addition to any criminal prosecutions, prosecute a suit in equity to enjoin the public nuisance.  If the court finds that the owner of the room, building, structure or inhabitable structure knew that the premises were being used for the illegal use, keeping or selling of controlled substances, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one year.

  3.  All persons, including owners, lessees, officers, agents, inmates or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance.

  4.  It is unlawful for a person to keep or maintain such a public nuisance.  In addition to any other criminal prosecutions, the prosecuting attorney or circuit attorney may by information or indictment charge the owner or the occupant, or both the owner and the occupant of the room, building, structure, or inhabitable structure with the crime of keeping or maintaining a public nuisance.  Keeping or maintaining a public nuisance is a class C felony.

  5.  Upon the conviction of the owner pursuant to subsection 4 of this section, the room, building, structure, or inhabitable structure is subject to the provisions of sections 513.600 to 513.645.

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(RSMo 1939 § 9844, A.L. 1971 H.B. 69, A.L. 1985 H.B. 488, A.L. 1989 H.B. 479 and S.B. 215 & 58)

Effective 6-19-89 (S.B. 215 & 58); 8-28-89 (H.B. 479)

Transferred 2014; now 579.105; Effective 1-01-17