Some crimes get a harsher punishment if the person who did them picked their victim because of that victim's race, color, religion, national origin, sex, sexual orientation, or disability. When the state believes that was the reason, it can charge the crime under this law instead. That makes the crime either a class D or class E felony, depending on what the original crime was.
Classifications stated in the statute. Actual outcomes vary.
557.035. Hate s — provides for motivational factors in certain offenses. — 1. For all violations of section 565.054 or 565.090, (1) of 1 of section 569.100, or subdivision (1), (2), (3), (4), (6), (7) or (8) of subsection 1 of section 571.030, which the state believes to be motivated because of race, color, religion, origin, sex, sexual orientation or of the victim or victims, the state may charge the offense or offenses under this section, and the violation is a .
2. For all violations of section 565.056; subdivision (1) of subsection 1 of section 569.090; subdivision (1) of subsection 1 of section 569.120; section 569.140; or section 574.050; which the state believes to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation or disability of the victim or victims, the state may charge the offense or offenses under this section, and the violation is a .
3. The court shall punishment in all of the cases in which the state and proves any of the motivating factors listed in this section.
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Source & history notes
(L. 1999 S.B. 328, et al., A.L. 2014 S.B. 491, A.L. 2017 S.B. 34)
Related Missouri laws
Role of court and jury in sentencing
RSMo 557.036
Presentence commitment for study
RSMo 557.031
Presentence investigation and sentencing assessment report
RSMo 557.026
Ineligibility for probation, SIS, SES, or conditional release, certain offenses
RSMo 557.045
Classification of offenses outside this code
RSMo 557.021
Program for perpetrators of sexual offenses, participation required, when
RSMo 557.051
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.