Armed criminal action, offense of
If someone commits a felony (serious crime) in Missouri using a dangerous weapon or instrument, they get an extra separate charge called 'armed criminal action.' For a first offense, that means at least 3 extra years in prison (or at least 5 years if they illegally had a gun), on top of whatever punishment they get for the main crime. For a second offense, it's at least 5 extra years (or 15 if illegally carrying a gun). For a third or more offense, it's at least 10 extra years (or 15 if illegally carrying a gun). During the first several years of that extra sentence, the person cannot get parole, probation, or early release.
571.015. , of — . — 1. Any person who commits any under the laws of this state by, with, or through the use, assistance, or aid of a or is also guilty of the offense of armed criminal action; the offense of armed criminal action shall be an and, upon , shall be punished by imprisonment by the for a term of not less than three years and not to exceed fifteen years, unless the person is possessing a firearm, in which case the term of imprisonment shall be for a term of not less than five years. The punishment imposed this shall be in addition to and to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person under this subsection shall be eligible for , , , or for a period of three years.
2. Any person convicted of a second offense of armed criminal action under subsection 1 of this section shall be punished by imprisonment by the department of corrections for a term of not less than five years and not to exceed thirty years, unless the person is unlawfully possessing a firearm, in which case the term of imprisonment shall be for a term not less than fifteen years. The punishment imposed pursuant to this subsection shall be in addition to and consecutive to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person convicted under this subsection shall be eligible for parole, probation, conditional release, or suspended imposition or execution of sentence for a period of five calendar years.
3. Any person convicted of a third or subsequent offense of armed criminal action under subsection 1 of this section shall be punished by imprisonment by the department of corrections for a term of not less than ten years, unless the person is unlawfully possessing a firearm, in which case the term of imprisonment shall be no less than fifteen years. The punishment imposed pursuant to this subsection shall be in addition to and consecutive to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person convicted under this subsection shall be eligible for parole, probation, conditional release, or suspended imposition or execution of sentence for a period of ten calendar years.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1977 S.B. 60, A.L. 2020 S.B. 600, A.L. 2024 S.B. 754, et al.)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.