Stunt driving prohibited

304.145. Stunt driving prohibited — definitions — violations, penalties — probation and parole restrictions. — 1. As used in this section, the following terms mean:

(1) "Aggravated offender", a person who has been found guilty of:

(a) Three or more violations of this section committed on separate occasions; or

(b) Two or more violations of this section committed on separate occasions where at least one of the violations the defendant was operating a vehicle and another person was injured or killed;

(2) "Burnout", a maneuver performed while operating a motor vehicle whereby the wheels of the motor vehicle are spun, resulting in friction causing the motor vehicle's tires to heat up and emit smoke;

(3) "Chronic offender", a person who has been found guilty of:

(a) Four or more violations of this section committed on separate occasions; or

(b) Three or more violations of this section committed on separate occasions where at least one of the violations the defendant was operating a vehicle and another person was injured or killed; or

(c) Two or more violations of this section committed on separate occasions where both of the violations the defendant was operating a vehicle and another person was injured or killed;

(4) "Donut", a motor vehicle maneuver in which the front or rear of the motor vehicle is rotated around the opposite set of wheels in a motion that may cause a curved skid-mark pattern of rubber on the driving surface, or the tires to heat up and emit smoke, or both;

(5) "Drag race", the operation of two or more motor vehicles from a point side by side in a competitive attempt to outgain or outdistance each other, or the operation of one or more motor vehicles over a common selected course, for the purpose of comparing the relative speeds, power, or acceleration of such motor vehicles within a certain distance or time limit;

(6) "Drifting", a motor vehicle maneuver in which the motor vehicle is steered so that it makes a controlled skid sideways through a turn with the front wheels oriented in a direction opposite the turn;

(7) "Habitual offender", a person who has been found guilty of:

(a) Five or more violations of this section committed on separate occasions;

(b) Four or more violations of this section committed on separate occasions where at least one of the violations the defendant was operating a vehicle and another person was injured or killed; or

(c) Three or more violations of this section committed on separate occasions where at least two of the violations the defendant was operating a vehicle and another person was injured or killed;

(8) "Highway", any public thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways, or alleys in any municipality;

(9) "Persistent offender", a person who has been found guilty of:

(a) Two or more violations of this section committed on separate occasions; or

(b) One violation of this section where the defendant was operating a vehicle and another person was injured or killed;

(10) "Prior offender", a person who has been found guilty of a violation of this section where such prior offense occurred within five years of the violation for which the person is charged;

(11) "Race", the operation of one or more motor vehicles arising from a challenge to demonstrate superiority of a motor vehicle or driver, and the acceptance of or competitive response to that challenge, either through a prior arrangement or in immediate response, in which the competitor attempts to outgain or outdistance another motor vehicle, to prevent another motor vehicle from passing, to arrive at a given destination ahead of another motor vehicle, to test the physical stamina or endurance of drivers, to exhibit speed or acceleration, or to set a speed or acceleration record;

(12) "Street takeover", the act of disrupting the regular flow of traffic for the purpose of performing, facilitating, or spectating stunt driving;

(13) "Stunt driving", to operate a motor vehicle performing a race, a drag race, a burnout, a donut, a wheelie, or drifting;

(14) "Wheelie", a motor vehicle maneuver whereby a vehicle is ridden for a distance with the front or rear wheel or wheels raised off the ground.

2. Except as otherwise permitted by law, no person shall:

(1) Perform stunt driving in connection with a street takeover; or

(2) Perform or participate in a street takeover.

3. Violation of this section shall be a class B misdemeanor for a first offense, a class A misdemeanor for a second offense, and a class E felony for a third or subsequent offense.

4. No defendant alleged and proven to be a prior offender, persistent offender, aggravated offender, chronic offender, or habitual offender shall be granted a suspended imposition of sentence or be sentenced to pay a fine in lieu of imprisonment.

5. No defendant alleged and proven to be a prior offender shall be granted probation or parole until he or she has served a minimum of ten days of imprisonment, unless as a condition of such probation or parole the person performs at least thirty days of community service under the supervision of the court in a jurisdiction that has a recognized program for community service.

6. No defendant alleged and proven to be an aggravated offender shall be eligible for probation or parole until he or she has served a minimum of thirty days of imprisonment.

7. No defendant alleged and proven to be a chronic or habitual offender shall be eligible for probation or parole until he or she has served a minimum of one year of imprisonment.

8. Prior pleas of guilty and prior findings of guilty shall be pleaded and proven in the same manner as required by section 558.021.

9. This section shall not apply to events sanctioned by a political subdivision or private entity with responsibility for maintenance and control of the portion of highway or private property on which the motor vehicle operation occurs.