Effective - 28 Aug 2017, 5 histories
565.225. Stalking, first degree, penalty. — 1. As used in this section and section 565.227, the term "disturbs" shall mean to engage in a course of conduct directed at a specific person that serves no legitimate purpose and that would cause a reasonable person under the circumstances to be frightened, intimidated, or emotionally distressed.
2. A person commits the offense of stalking in the first degree if he or she purposely, through his or her course of conduct, disturbs or follows with the intent of disturbing another person and:
(1) Makes a threat communicated with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety, the safety of his or her family or household member, or the safety of domestic animals or livestock as defined in section 276.606 kept at such person's residence or on such person's property. The threat shall be against the life of, or a threat to cause physical injury to, or the kidnapping of the person, the person's family or household members, or the person's domestic animals or livestock as defined in section 276.606 kept at such person's residence or on such person's property; or
(2) At least one of the acts constituting the course of conduct is in violation of an order of protection and the person has received actual notice of such order; or
(3) At least one of the actions constituting the course of conduct is in violation of a condition of probation, parole, pretrial release, or release on bond pending appeal; or
(4) At any time during the course of conduct, the other person is seventeen years of age or younger and the person disturbing the other person is twenty-one years of age or older; or
(5) He or she has previously been found guilty of domestic assault, violation of an order of protection, or any other crime where the other person was the victim; or
(6) At any time during the course of conduct, the other person is a participant of the address confidentiality program under sections 589.660 to 589.681, and the person disturbing the other person knowingly accesses or attempts to access the address of the other person.
3. Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.
4. This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of any violation of federal, state, county, or municipal law.
5. The offense of stalking in the first degree is a class E felony, unless the defendant has previously been found guilty of a violation of this section or section 565.227, or any offense committed in another jurisdiction which, if committed in this state, would be chargeable or indictable as a violation of any offense listed in this section or section 565.227, or 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 stalking in the first degree is a class D felony.
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(L. 1993 H.B. 476 & 194 § 1, A.L. 2002 S.B. 969, et al., A.L. 2008 S.B. 818 & 795, A.L. 2014 S.B. 491, A.L. 2016 H.B. 1562, A.L. 2017 S.B. 34)
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.