Effective - 01 Jan 2017, 3 histories
565.021. Second degree murder, penalty. — 1. A person commits the offense of murder in the second degree if he or she:
(1) Knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; or
(2) Commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony.
2. The offense of murder in the second degree is a class A felony, and the punishment for second degree murder shall be in addition to the punishment for commission of a related felony or attempted felony, other than murder or manslaughter.
3. Notwithstanding section 556.046 and section 565.029, in any charge of murder in the second degree, the jury shall be instructed on, or, in a jury-waived trial, the judge shall consider, any and all of the subdivisions in subsection 1 of this section which are supported by the evidence and requested by one of the parties or the court.
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(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2014 S.B. 491)
Effective 1-01-17
CROSS REFERENCE:
No bail, certain defendants, certain offenses, 544.671
(1990) Reduction in sentence was available to defendant when statute which limited maximum term of imprisonment became effective before state brought charges but after crime was committed. (Mo.App.) Searcy v. State, 784 S.W.2d 911.
(1998) Defendant may be charged under the felony murder statute instead of involuntary manslaughter at the prosecutor's discretion when both apply. State v. Pembleton, 978 S.W.2d 352 (E.D.Mo.).
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 565 - Offenses Against the Person
Section 565.001 - Procedure for chapter 565.
Section 565.002 - Definitions.
Section 565.006 - Waiver of jury trial permitted, when.
Section 565.010 - Consent as a defense.
Section 565.020 - First degree murder, penalty — person under eighteen years of age, penalty.
Section 565.021 - Second degree murder, penalty.
Section 565.024 - Involuntary manslaughter, first degree, penalty.
Section 565.027 - Involuntary manslaughter, second degree, penalty.
Section 565.029 - Lesser degree offenses in homicide cases — instruction on lesser offenses, when.
Section 565.030 - Trial procedure, first degree murder.
Section 565.033 - Person under eighteen, sentencing — factors to be considered, jury instructions.
Section 565.040 - Death penalty, if held unconstitutional, resentencing procedure.
Section 565.050 - Assault, first degree, penalty.
Section 565.052 - Assault, second degree, penalty.
Section 565.054 - Assault in the third degree.
Section 565.056 - Assault in the fourth degree.
Section 565.072 - Domestic assault, first degree — penalty.
Section 565.073 - Domestic assault, second degree — penalty.
Section 565.074 - Domestic assault, third degree — penalty.
Section 565.076 - Domestic assault in the fourth degree, penalty.
Section 565.090 - Harassment, first degree, penalty.
Section 565.091 - Harassment, second degree, penalty.
Section 565.110 - Kidnapping, first degree, penalty.
Section 565.115 - Child kidnapping — penalty.
Section 565.120 - Kidnapping, second degree, penalty.
Section 565.130 - Kidnapping, third degree, penalty.
Section 565.140 - Defenses to kidnapping in the third degree.
Section 565.150 - Interference with custody — penalty.
Section 565.153 - Parental kidnapping — penalty.
Section 565.156 - Child abduction — penalty.
Section 565.160 - Defenses to interference with custody, parental kidnapping, and child abduction.
Section 565.167 - Custody of child — peace officer to take child into protective custody, when.
Section 565.188 - Failure to report elder abuse or neglect — penalty.
Section 565.189 - Filing a false elder abuse or neglect report — penalty.
Section 565.218 - Failure to report vulnerable person abuse — or neglect — penalty.
Section 565.222 - Filing a false vulnerable person abuse report — penalty.
Section 565.225 - Stalking, first degree, penalty.
Section 565.227 - Stalking, second degree, penalty.