Section 578.365

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 578

Effective - 01 Jan 2017, 2 histories, see footnote   

  578.365.  Hazing — consent not a defense — penalties. — 1.  A person commits the offense of hazing if he or she knowingly participates in or causes a willful act, occurring on or off the campus of a public or private college or university, directed against a student or a prospective member of an organization operating under the sanction of a public or private college or university, that recklessly endangers the mental or physical health or safety of a student or prospective member for the purpose of initiation or admission into or continued membership in any such organization to the extent that such person is knowingly placed at probable risk of the loss of life or probable bodily or psychological harm.  Acts of hazing include:

  (1)  Any activity which recklessly endangers the physical health or safety of the student or prospective member, including but not limited to physical brutality, whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug or other substance, or forced smoking or chewing of tobacco products;

  (2)  Any activity which recklessly endangers the mental health of the student or prospective member, including but not limited to sleep deprivation, physical confinement, or other extreme stress-inducing activity; or

  (3)  Any activity that requires the student or prospective member to perform a duty or task which involves a violation of the criminal laws of this state or any political subdivision in this state.

  2.  Public or private colleges or universities in this state shall adopt a written policy prohibiting hazing by any organization operating under the sanction of the institution.

  3.  Nothing in this section shall be interpreted as creating a new private cause of action against any educational institution.

  4.  Consent is not a defense to hazing.  Section 565.010 does not apply to hazing cases or to homicide cases arising out of hazing activity.

  5.  The offense of hazing is a class A misdemeanor, unless the act creates a substantial risk to the life of the student or prospective member, in which case it is a class D felony.

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(L. 1987 H.B. 126 § 3, A.L. 1995 H.B. 160, A.L. 2014 S.B. 491)

Effective 1-01-17