This law is about giving longer prison sentences to people who have been in trouble with the law before. If someone has one prior felony, they are called a 'prior offender' and a judge can give them a longer sentence. If someone has two or more prior felonies from different times, or committed a especially dangerous felony before, they are called a 'persistent offender' and must get a longer sentence. If someone is being sentenced for a violent felony and also has a serious prior felony, they are called a 'dangerous offender' and must get a longer sentence too — bumped up to the next higher level of felony punishment.
558.016. Extended terms for prior — definitions — . — 1. The court may sentence a person who has been of an to a term of imprisonment as by section 558.011 or to a term of imprisonment authorized by a governing the offense if it finds the is a or a . The court shall sentence a person to an if:
(1) The defendant is a or a , and the person is sentenced under 7 of this section;
(2) The statute under which the person was found guilty contains a that is based on a prior or a finding of prior criminal conduct and the person is sentenced according to the statute; or
(3) A more specific sentencing enhancement provision applies that is based on a prior finding of guilt or a finding of prior criminal conduct.
2. A "prior offender" is one who has been found guilty of one .
3. A "persistent offender" is one who has been found guilty of two or more felonies committed at different times, or one who has been previously found guilty of a as defined in (19) of section 556.061.
4. A "dangerous offender" is one who:
(1) Is being sentenced for a felony during the of which he murdered or endangered or threatened the life of another person or knowingly inflicted or attempted or threatened to inflict on another person; and
(2) Has been found guilty of a or a dangerous felony.
5. A "persistent misdemeanor offender" is one who has been found guilty of two or more offenses, committed at different times that are classified as A or B s under the laws of this state.
6. The shall be prior to the date of commission of the present offense.
7. The court shall sentence a person, who has been found to be a persistent offender or a dangerous offender, and is found guilty of a class B, C, D, or E felony to the for the offense that is one class higher than the offense for which the person is found guilty.
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Source & history notes
(L. 1977 S.B. 60, A.L. 1980 H.B. 1138, et al., A.L. 1981 H.B. 554, A.L. 1990 H.B. 974, A.L. 2003 S.B. 5, A.L. 2005 H.B. 353, A.L. 2014 S.B. 491, A.L. 2024 S.B. 754, et al., A.L. 2026 H.B. 2637 & 3155 merged with S.B. 888) Severability clause, see §§ 1.1005 and 1.1006
Related Missouri laws
Prior felony convictions, minimum prison terms
RSMo 558.019
Sentence of imprisonment, terms
RSMo 558.011
Extended term procedures
RSMo 558.021
Revocation of a fine
RSMo 558.008
Nonpayment of fine, means to collect
RSMo 558.006
Concurrent and consecutive terms of imprisonment
RSMo 558.026
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