Section 566.030

There are multiple enactments of 566.030

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 566

Effective - 01 Jan 2028, 5 histories, see footnote   

  566.030.  Rape in the first degree, penalties — suspended sentences not granted, when. — 1.  A person commits the offense of rape in the first degree if he or she has sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion.  Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.

  2.  The offense of rape in the first degree or an attempt to commit rape in the first degree is a class A felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than ten years, not to exceed thirty years, unless:

  (1)  The offense is an aggravated sexual offense, in which case the authorized term of imprisonment is life imprisonment as defined in section 558.011 or life imprisonment without eligibility for probation or parole;

  (2)  The person is a persistent or predatory sexual offender as defined in section 566.125 and subjected to an extended term of imprisonment under said section;

  (3)  The victim is a child less than twelve years of age, in which case the required term of imprisonment is life imprisonment as defined in section 558.011 or life imprisonment without eligibility for probation or parole; or

  (4)  The victim is a child less than twelve years of age and such rape in the first degree or attempt to commit rape in the first degree was outrageously or wantonly vile, horrible or inhumane, in that it involved torture or depravity of mind, in which case the required term of imprisonment is life imprisonment without eligibility for probation, parole or conditional release.

  3.  No person found guilty of rape in the first degree or an attempt to commit rape in the first degree shall be granted a suspended imposition of sentence or suspended execution of sentence.

­­--------

(L. 1977 S.B. 60, A.L. 1980 H.B. 1138, et al., A.L. 1990 H.B. 1370, et al., A.L. 1993 S.B. 180, A.L. 1994 S.B. 693, A.L. 1998 H.B. 1779, A.L. 2006 H.B. 1698, et al., A.L. 2009 S.B. 36 & 112, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491, A.L. 2026 S.B. 888, A.L. 2026 H.B. 2637 & 3155)

Effective 1-01-28, see § 1.901

Revisor’s note: This section was amended by both S.B. 888 and H.B. 2637 & 3155, 2026. H.B. 2637 & 3155 repealed the version amended by S.B. 888 effective 8-28-26 and amended this section effective 1-01-28.

Severability clause, see § 1.1005

CRISS REFERENCES:

Child sexual abuse, actions for civil damages may be brought, when, 537.046

No bail, certain defendants, certain offenses, 544.671

Victim or witness in rape case not to be interrogated as to prior sexual conduct, when, 491.015

(1989) Use of weapon not required to prove charge of felonious restraint. Threat of injury from weapon is sufficient to substantiate the charge. (Mo.App.) State v. Brigman, 784 S.W.2d 217.

(1992) Pursuant to section 1.030, RSMo, use of word "he" includes both male and female and because section encompasses the conduct of males and females, there is no violation of the equal protection clauses of the United States or Missouri Constitutions.  State v. Stokely, 842 S.W.2d 77 (Mo. en banc).