Murder in Missouri law

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Murder in Missouri law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Missouri.

Contents

The United States Centers for Disease Control and Prevention reported that in the year 2021, the state had a murder rate somewhat above the median for the entire country. [1]

Definitions

First-degree murder

Missouri law specifies five levels of homicide in total, with first-degree murder being the most serious form of homicide. First-degree murder constitutes the intentional killing of a person with premeditation. For adult offenders, it is punished by either the death penalty or life imprisonment without the possibility of parole unless the sentence is commuted by a governor. It is illegal in Missouri statute to give the death penalty for someone with an intellectual disability, in addition to it being illegal nationwide since 2002. For juvenile offenders, it is punished by life-without-parole, life-with-parole, or a prison term between 30 and 40 years.

The death penalty is possible for adults convicted of first-degree murder when the jury unanimously finds that any potential aggravating factors listed in Missouri law outweigh any potential mitigating circumstances listed in Missouri law. [2]

Second-degree murder

Second-degree murder constitutes the intentional killing of a person without premeditation, the unintentional killing of a person with intent to cause bodily injury, or the killing of a person caused by the perpetration or attempted perpetration of any felony other than murder or manslaughter. It is punished by 10 to 30 years in prison, or life-with-parole. [3]

Penalties

The sentences for homicide offenses in Missouri are listed below.

OffenseMandatory sentence
Second-degree involuntary manslaughter Up to 4 years in prison; up to 7 years in prison if the victim was targeted as a police officer
First-degree involuntary manslaughter 3 to 10 years in prison; 5 to 15 years in prison if the victim was targeted as a police officer
Voluntary manslaughter 5 to 15 years in prison
Second-degree murder10 to 30 years in prison, or life-with-parole
First-degree murder For adults:

Death or life imprisonment without the possibility of parole

For juveniles:

  • Life-without-parole or
  • Life-with-parole or
  • 30 to 40 years in prison

In the 2013 case of State v. Nathan, [4] the state supreme court remanded a mandatory sentence for a juvenile charged with first degree murder. [5]

Related Research Articles

<span class="mw-page-title-main">Murder</span> Unlawful killing of a human with malice aforethought

Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of malice, such as in the case of voluntary manslaughter brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness.

Under the German penal code, Strafgesetzbuch, there are two sections relating to homicide:

In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such as reckless homicide and negligent homicide, which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.

Murder in Ohio law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Ohio.

Murder in Colorado law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Colorado.

Murder in Florida law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Florida.

Murder in Massachusetts law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Massachusetts.

Murder in Montana law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Montana.

Murder in Wisconsin law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Wisconsin.

<span class="mw-page-title-main">Murder in California law</span>

The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code.

Murder in Delaware law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Delaware.

Murder in Idaho law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Idaho.

Murder in Connecticut is defined as the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Connecticut. The United States Centers for Disease Control and Prevention reported that in the year 2021, the state had a murder rate somewhat below the median for the entire country.

Murder in Georgia law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Georgia.

Murder in Illinois law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Illinois.

Murder in Indiana law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Indiana.

Murder in Minnesota law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Minnesota.

Murder in New York law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of New York. Because the criminal law of the state also governs the City of New York, there is not a separate law applicable to murders committed in the city.

Murder in Tennessee law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Tennessee.

Murder in Nevada law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Nevada.

References

  1. ↑ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved March 15, 2023.
  2. ↑ "565.020". revisor.mo.gov. Retrieved January 5, 2024.
  3. ↑ "565.021". revisor.mo.gov. Retrieved January 5, 2024.
  4. ↑ 404 S.W.3d 253 (Mo. July 30, 2013)
  5. ↑ "NACDL - Excessive Sentencing Project - Missouri". NACDL - National Association of Criminal Defense Lawyers.
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