This is a follow-up post to “30 Dangerous Felonies.”
As with most more substantive posts, here is my important disclaimer for non-clients.
A second important note is that NO attorney and NOT EVEN a judge can tell someone how much time they will ultimately spend in prison after a guilty plea or conviction. They can only say that if you are sentenced to a number of years (for example, 7 years), you could serve 7 years. But in reality, the Department of Corrections (DOC) does parole most people before they serve their full sentence. Parole eligibility is determined by laws and policies. By law, in Missouri, violating certain crimes may result in serving “minimum prison terms.”
As noted in that earlier post, there are thirty (30) “dangerous felonies” (defined my Missouri law – RSMo. § 556.061 (19)) for which those convicted must serve 85% of the sentence (see that post for a list of those crimes).
This post discusses the 100 crimes (also defined my Missouri law – RSMo 558.019.2) which mandate increasing minimum sentences if the person convicted has “previous commitment[s] to the [Missouri] department of corrections [DOC].” Here is that list:
- 565.021 – 2nd degree murder
- 565.023 – Voluntary Manslaughter
- 565.024 – Involuntary manslaughter 1st
- 565.027 – Involuntary manslaughter 2nd
- 565.050 – Assault 1st
- 565.052 – Assault 2nd
- 565.054 – Assault 3rd
- 565.072 – Domestic Assault 1st
- 565.073 – Domestic Assault 2nd
- 565.074 – Domestic Assault 3rd
- 565.090 – Harassment 1st
- 565.110 – Kidnapping 1st
- 565.115 – Child kidnapping
- 565.120 – Kidnapping 2nd
- 565.153 – Parental kidnapping
- 565.156 – Child Abduction
- 565.225 – Stalking 1st
- 565.300 – Infant Protection Act
- 566.030 – Rape 1st
- 566.031 – Rape 2nd
- 566.032 – Statutory Rape 1st
- 566.034 – Statutory Rape 2nd
- 566.060 – Sodomy 1st
- 566.061 – Sodomy 2nd
- 566.062 – Statutory Sodomy 1st
- 566.064 – Statutory Sodomy 2nd
- 566.067 – Child Molestation 1st
- 566.068 – Child Molestation 2nd
- 566.069 – Child Molestation 3rd
- 566.071 – Child Molestation 4th
- 566.083 – Sexual Misconduct Involving a Child
- 566.086 – Sexual Contact with a Student
- 566.100 – Sexual Abuse 1st
- 566.101 – Sexual Abuse 2nd
- 566.103 – Promoting Online Sexual Solicitation
- 566.111 – Sex with an animal
- 566.115 – Sexual Conduct with a nursing facility resident or a vulnerable person
- 566.145 – Sexual Conduct with a Prisoner or Offender
- 566.151 – Enticement of a child
- 566.068 – Child Molestation 2nd
- 566.069 – Child Molestation 3rd
- 566.071 – Child Molestation 4th
- 566.083 – Sexual Misconduct Involving a Child
- 566.086 – Sexual Contact with a Student
- 566.100 – Sexual Abuse 1st
- 566.101 – Sexual Abuse 2nd
- 566.103 – Promoting Online Sexual Solicitation
- 566.111 – Sex with an animal
- 566.115 – Sexual Conduct with a nursing facility resident or a vulnerable person
- 566.145 – Sexual Conduct with a Prisoner or Offender
- 566.151 – Enticement of a child
- 566.153 – Age Misrepresentation with Intent to Solicit a Minor
- 566.203 – Abusing an Individual Through Forced Labor
- 566.206 – Trafficking for the Purpose of Slavery
- 566.209 – Trafficking for the Purpose of Sexual Exploitation
- 566.210 – Sexual Trafficking of a child 1st
- 566.211 – Sexual Trafficking of a child 2nd
- 566.215 – Contributing to Human Trafficking through the Misuse of Documentation
- 568.030 – Abandonment of a Child 1st
- 568.045 – Endangering the Welfare of a Child 1st
- 568.060 – Abuse or Neglect of a Child
- 568.065 – Genital Mutilation of a female child
- 568.175 – Trafficking in Children
- 569.040 – Arson 1st
- 569.160 – Burglary 1st
- 570.023 – Robbery 1st
- 570.025 – Robbery 2nd
- 570.030 – Stealing (when punished as a class A, B, or C felony)
- 570.145 – Financial exploitation of the elderly person or person with a disability (when punished as a class A or B felony
- 570.223 – Identity theft (when punished as a class B or C felony)
- 571.020 – Possession Weapon
- 571.030 – Unlawful use of weapons
- 571.070 – Possession of firearm unlawful for certain persons
- 573.023 – Sexual exploitation of a minor
- 573.025 -Promoting child pornography in the first degree
- 573.035 -Promoting child pornography in the second degree
- 573.037 – Possession of child pornography
- 573.200 – Child used in sexual performance
- 573.205– Promoting sexual performance by a child
- 574.070 – Promoting civil disorder in the first degree
- 574.080– Causing catastrophe
- 574.115– Making a terrorist threat, first degree
- 575.030 – Hindering prosecution
- 575.150– Resisting or interfering with arrest
- 575.153 – Disarming a peace officer or correctional officer
- 575.155 – Endangering a corrections employee
- 575.157 – Endangering a mental health employee, visitor, or another offender
- 575.200 -Escape or attempted escape from custody (when punished as a class A felony)
- 575.210 – Escape or attempted escape from confinement
- 575.230 – Aiding escape of a prisoner (when punished as a class B felony)
- 575.240 – Permitting escape (when punished as a class B felony)
- 576.070 -Treason
- 576.080 -Supporting terrorism
- 577.010 -Driving while intoxicated
- 577.013 – Boating while intoxicated
- 577.078 -Water contamination
- 577.703– Bus hijacking, penalty — assault with intent to commit bus hijacking, possession and concealment of deadly weapon by passenger
- 577.706 -Planting a bomb or explosive in or near a bus or terminal
- 579.065 – Trafficking drugs, first degree ; and
- 579.068– Trafficking drugs, second degree (when punished as a class A or B felony)
Although the first category of “dangerous felonies” is straight forward (85%), the second is a bit more complex. Generally, if someone’s current crime is on this list (of 100 crimes) and they have previously been “committed” to DOC for other crimes, they face a larger “minimum prison term.” If they have been committed to DOC one (1) time before, they will serve at least 40% of the sentence (with an exception for those 70 years old); if they have been committed to DOC two (2) previous times, they will serve at least 50% of the sentence; and if they have been committed to DOC three (3) or more times, they will serve at least 80% of the sentence.
There are a few twists: (1) the prior “commitments” must be in Missouri DOC, not another state; and (2) if the prior “commitment” was for a crime for which the person “was convicted of, or pled guilty to… prior to August 28, 2019” (see RSMo § 558.019.6) it would not count as a “prior commitment” unless it was also not one of the 100 crimes listed in that statute.
You must talk to your attorney about this, but here is chart I use to help when I talk to my clients regarding “counting previous commitments.”
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