Person under eighteen, sentencing
When someone under 18 years old is found guilty of first degree murder, they can be sentenced to life in prison without parole, life in prison with the chance of parole, or between 30 and 40 years in prison. Before deciding the punishment, the judge or jury must look at several things about the person, such as their age, maturity, mental health, home life, how much they were involved in the crime, whether others pressured them, their past criminal record, and how their young age affected their choices. Victims or their family members also get a chance to make a statement.
565.033. Person under eighteen, sentencing — factors to be considered, jury instructions. — 1. A person of who was under the age of eighteen at the time of the of the shall be sentenced to a term of life without eligibility for or as provided in section 565.034, life imprisonment with eligibility for parole, or not less than thirty years and not to exceed forty years imprisonment.
2. When assessing punishment in all first degree murder cases in which the was under the age of eighteen at the time of the commission of the offense or offenses, the judge in a shall consider, or the judge shall include in instructions to the jury for it to consider, the following factors:
(1) The nature and circumstances of the offense committed by the defendant;
(2) The degree of the defendant's in light of his or her age and role in the offense;
(3) The defendant's age, maturity, intellectual capacity, and mental and emotional health and development at the time of the offense;
(4) The defendant's background, including his or her family, home, and community environment;
(5) The likelihood for of the defendant;
(6) The extent of the defendant's participation in the offense;
(7) The effect of familial pressure or peer pressure on the defendant's actions;
(8) The nature and extent of the defendant's prior criminal history, including whether the offense was committed by a person with a prior of for murder in the first degree, or one or more serious ;
(9) The effect of characteristics attributable to the defendant's youth on the defendant's ; and
(10) A statement by the victim or the victim's family member as provided by section 557.041 until December 31, 2016, and beginning January 1, 2017, section 595.229.
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Source & history notes
(L. 2016 S.B. 590) Effective 7-13-16
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