Section 27.19 Unclassified Sentencing Provisions

• Library: Criminal Practice 2012 Supp

B. (§27.19) Unclassified Sentencing Provisions

Section 557.021, RSMo 2000, provides for the classification of offenses that do not fall into the listed classifications or that fail to set forth a prescribed punishment. This section states that a misdemeanor that does not have a penalty prescribed is a class A misdemeanor, and a felony that does not have a penalty prescribed is a class D felony.

Other provisions that fall outside of the terms of § 558.011, RSMo Supp. 2004, include the following:

1. Section 565.020.2, RSMo 2000, first degree murder, which is a class A felony and punishable by either death or life imprisonment without eligibility for probation or parole or release except by an act of the Governor. If the defendant is less than 16 years old at the time of the commission of the crime, the death sentence is not available.

2. Section 566.030, RSMo 2000, forcible rape or an attempt to commit forcible rape, which is a felony and is punishable by life imprisonment or a term of at least 5 years. If the defendant, during the course of the crime, inflicts serious physical injury or displays a deadly weapon or dangerous instrument in a threatening manner or subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person, it is punishable by life imprisonment or a term of at least 10 years.

3. Section 566.060.2, RSMo 2000, forcible sodomy or an...