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RSMo 556.041effective 01 Jan 2017

Limitation on conviction for multiple offenses

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In plain English

If someone does one thing that breaks more than one law, they can be charged with all of those offenses. But they cannot be found guilty of more than one offense if: the offenses overlap (one is basically part of the other), the offenses require opposite facts to prove, one offense is just a specific version of a broader offense, or the offense covers ongoing behavior that never stopped.

Word-for-word law

556.041. on for multiple s. — When the same conduct of a person may establish the of more than one offense he or she may be for each such offense. Such person may not, however, be of more than one offense if:

(1) One offense is included in the other, as defined in section 556.046; or

(2) are required to establish the commission of the offenses; or

(3) The offenses differ only in that one is defined to prohibit a kind of conduct generally and the other to prohibit a specific instance of such conduct; or

(4) The offense is defined as a and the person's was uninterrupted, unless the law provides that specific periods of such conduct constitute separate offenses.

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Source & history notes

(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17 (1981) Kidnapping and rape were separate offenses and defendant thus was not punished twice for same offense because confinement and movement of victim were not incidental to commission of rape but increased risk of harm and danger to victim. State v. Stewart (A.), 615 S.W.2d 600. (1997) Conviction for both rape and child abuse did not subject defendant to double jeopardy. Bass v. State, 950 S.W.2d 940 (Mo.App.W.D.).

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RSMo 556.041: Limitation on conviction for multiple offenses | KnowMo Laws