Missouri Revised Statutes













Chapter 557

General Sentencing Provisions

←557.031

Section 557.035.1

557.035→

August 28, 2015

Beginning January 1, 2017--Hate offenses--provides enhanced penalties for motivational factors in certain offenses.

557.035. 1. For all violations of subdivision (1) of subsection 1 of

section 569.100 or subdivision (1), (2), (3), (4), (6), (7) or (8) of

subsection 1 of section 571.030, which the state believes to be knowingly

motivated because of race, color, religion, national origin, sex, sexual

orientation or disability of the victim or victims, the state may charge

the offense or offenses under this section, and the violation is a class D

felony.



2. For all violations of section 565.054; subdivisions (1), (3) and

(4) of subsection 1 of section 565.090; subdivision (1) of subsection 1 of

section 569.090; subdivision (1) of subsection 1 of section 569.120;

section 569.140; or section 574.050; which the state believes to be

knowingly motivated because of race, color, religion, national origin, sex,

sexual orientation or disability of the victim or victims, the state may

charge the offense or offenses under this section, and the violation is a

class E felony.



3. The court shall assess punishment in all of the cases in which the

state pleads and proves any of the motivating factors listed in this

section.



(L. 1999 S.B. 328, et al., A.L. 2014 S.B. 491)



Effective 1-01-17





1999



1999



557.035. 1. For all violations of subdivision (1) of subsection 1 of

section 569.100 or subdivision (1), (2), (3), (4), (6), (7) or (8) of

subsection 1 of section 571.030, which the state believes to be knowingly

motivated because of race, color, religion, national origin, sex, sexual

orientation or disability of the victim or victims, the state may charge the

crime or crimes under this section, and the violation is a class C felony.



2. For all violations of section 565.070; subdivisions (1), (3) and (4)

of subsection 1 of section 565.090; subdivision (1) of subsection 1 of section

569.090; subdivision (1) of subsection 1 of section 569.120; section 569.140;

or section 574.050; which the state believes to be knowingly motivated because

of race, color, religion, national origin, sex, sexual orientation or

disability of the victim or victims, the state may charge the crime or crimes

under this section, and the violation is a class D felony.



3. The court shall assess punishment in all of the cases in which the

state pleads and proves any of the motivating factors listed in this section.



4. For the purposes of this section, the following terms mean:



(1) "Disability", a physical or mental impairment which substantially

limits one or more of a person's major life activities, being regarded as

having such an impairment, or a record of having such an impairment; and



(2) "Sexual orientation", male or female heterosexuality, homosexuality

or bisexuality by inclination, practice, identity or expression, or having a

self-image or identity not traditionally associated with one's gender.



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