Section 565.024

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

Effective - 28 Aug 2017, 6 histories   

  565.024.  Involuntary manslaughter, first degree, penalty. — 1.  A person commits the offense of involuntary manslaughter in the first degree if he or she recklessly causes the death of another person.

  2.  The offense of involuntary manslaughter in the first degree is a class C felony, unless the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which case it is a class B felony.

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(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 1986 H.B. 1596, A.L. 1999 S.B. 328, et al., A.L. 2005 H.B. 972 merged with S.B. 37, et al., A.L. 2005 1st Ex. Sess. H.B. 2, A.L. 2006 S.B. 872, et al., A.L. 2008 H.B. 1715, A.L. 2014 S.B. 491, A.L. 2017 S.B. 34)

(1992) Definition of "person" in section 1.205, RSMo, which includes unborn children is applicable to other statutes and court concludes that it applies at least to this section, the involuntary manslaughter statute.  State v. Knapp, 843 S.W.2d 345 (Mo. en banc).

(2018) Amended version of section, which repealed provision requiring prisoner to serve a mandatory minimum of eighty-five percent of sentence before becoming parole eligible, was not retroactively applicable to prisoner entering Alford plea under prior version of section.  Fields v. Missouri Bd. of Probation and Parole, 559 S.W.3d 12 (Mo.App. W.D.).