Hit and Run Laws in Missouri
Leaving the scene of a motor vehicle accident. 577.060. 1. A person commits the crime of leaving the scene of a motor vehicle accident when being the operator or driver of a vehicle on the highway or on any publicly or privately owned parking lot or parking facility generally open for use by the public and knowing that an injury has been caused to a person or damage has been caused to property, due to his culpability or to accident, he leaves the place of the injury, damage or accident without stopping and giving his name, residence, including city and street number, motor vehicle number and driver's license number, if any, to the injured party or to a police officer, or if no police officer is in the vicinity, then to the nearest police station or judicial officer. 2. For the purposes of this section, all peace officers shall have jurisdiction, when invited by an injured person, to enter the premises of any privately owned parking lot or parking facility for the purpose of investigating an accident and performing all necessary duties regarding such accident. 3. Leaving the scene of a motor vehicle accident is a class A misdemeanor, except that it shall be a class D felony (equivalent to the charge of holding a cock fight 578.173) if the accident resulted in: (1) Physical injury to another party; or (2) Property damage in excess of one thousand dollars; or (3) If the defendant has previously pled guilty to or been found guilty of a violation of this section. (L. 1977 S.B. 60, A.L. 1983 H.B. 287, A.L. 1986 S.B. 450, A.L. 1989 1st Ex. Sess. H.B. 3) Effective 7-27-89 from 595-010 Definitions (19) "Hit and run", the crime of leaving the scene of a motor vehicle accident as defined in section 577.060, RSMo; 21) "Injured victim", a person: (a) Killed or receiving a personal physical injury in this state as a result of another person's commission of or attempt to commit any crime; (b) Killed or receiving a personal physical injury in this state while in a good faith attempt to assist a person against whom a crime is being perpetrated or attempted; (c) Killed or receiving a personal physical injury in this state while assisting a law enforcement officer in the apprehension of a person who the officer has reason to believe has perpetrated or attempted a crime; Sentence of imprisonment, terms--conditional release. 558.011. 1. The authorized terms of imprisonment, including both prison and conditional release terms, are: (1) For a class A felony, a term of years not less than ten years and not to exceed thirty years, or life imprisonment; (2) For a class B felony, a term of years not less than five years and not to exceed fifteen years; (3) For a class C felony, a term of years not to exceed seven years; (4) For a class D felony, a term of years not to exceed four years; (5) For a class A misdemeanor, a term not to exceed one year; (6) For a class B misdemeanor, a term not to exceed six months; (7) For a class C misdemeanor, a term not to exceed fifteen days. 2. In cases of class C and D felonies, the court shall have discretion to imprison for a special term not to exceed one year in the county jail or other authorized penal institution, and the place of confinement shall be fixed by the court. If the court imposes a sentence of imprisonment for a term longer than one year upon a person convicted of a class C or D felony, it shall commit the person to the custody of the department of corrections for a term of years not less than two years and not exceeding the maximum authorized terms provided in subdivisions (3) and (4) of subsection 1 of this section. 3. (1) When a regular sentence of imprisonment for a felony is imposed, the court shall commit the person to the custody of the department of corrections for the term imposed under section 557.036, RSMo, or until released under procedures established elsewhere by law. (2) A sentence of imprisonment for a misdemeanor shall be for a definite term and the court shall commit the person to the county jail or other authorized penal institution for the term of his or her sentence or until released under procedure established elsewhere by law. 4. (1) A sentence of imprisonment for a term of years for felonies other than dangerous felonies as defined in section 556.061, RSMo, and other than sentences of imprisonment which involve the individual's fourth or subsequent remand to the department of corrections shall consist of a prison term and a conditional release term. The conditional release term of any term imposed under section 557.036, RSMo, shall be: (a) One-third for terms of nine years or less; (b) Three years for terms between nine and fifteen years; (c) Five years for terms more than fifteen years; and the prison term shall be the remainder of such term. The prison term may be extended by the board of probation and parole pursuant to subsection 5 of this section. (2) "Conditional release" means the conditional discharge of an offender by the board of probation and parole, subject to conditions of release that the board deems reasonable to assist the offender to lead a law-abiding life, and subject to the supervision under the state board of probation and parole. The conditions of release shall include avoidance by the offender of any other crime, federal or state, and other conditions that the board in its discretion deems reasonably necessary to assist the releasee in avoiding further violation of the law. 5. The date of conditional release from the prison term may be extended up to a maximum of the entire sentence of imprisonment by the board of probation and parole. The director of any division of the department of corrections except the board of probation and parole may file with the board of probation and parole a petition to extend the conditional release date when an offender fails to follow the rules and regulations of the division or commits an act in violation of such rules. Within ten working days of receipt of the petition to extend the conditional release date, the board of probation and parole shall convene a hearing on the petition. The offender shall be present and may call witnesses in his or her behalf and cross-examine witnesses appearing against the offender. The hearing shall be conducted as provided in section 217.670, RSMo. If the violation occurs in close proximity to the conditional release date, the conditional release may be held for a maximum of fifteen working days to permit necessary time for the division director to file a petition for an extension with the board and for the board to conduct a hearing, provided some affirmative manifestation of an intent to extend the conditional release has occurred prior to the conditional release date. If at the end of a fifteen-working-day period a board decision has not been reached, the offender shall be released conditionally. The decision of the board shall be final. (L. 1977 S.B. 60, A.L. 1979 S.B. 234, A.L. 1982 H.B. 1196, A.L. 1984 S.B. 611, A.L. 1990 H.B. 974, A.L. 1994 S.B. 763, A.L. 2003 S.B. 5) Effective 6-27-03 Time limitations. 556.036. 1. A prosecution for murder, forcible rape, attempted forcible rape, forcible sodomy, attempted forcible sodomy, or any class A felony may be commenced at any time. 2. Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods of limitation: (1) For any felony, three years; (2) For any misdemeanor, one year; (3) For any infraction, six months. 3. If the period prescribed in subsection 2 of this section has expired, a prosecution may nevertheless be commenced for: (1) Any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense, but in no case shall this provision extend the period of limitation by more than three years. As used in this subdivision, the term "person who has a legal duty to represent an aggrieved party" shall mean the attorney general or the prosecuting or circuit attorney having jurisdiction pursuant to section 407.553, RSMo, for purposes of offenses committed pursuant to sections 407.511 to 407.556, RSMo; and (2) Any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment or within two years thereafter, but in no case shall this provision extend the period of limitation by more than three years; and (3) Any offense based upon an intentional and willful fraudulent claim of child support arrearage to a public servant in the performance of his or her duties within one year after discovery of the offense, but in no case shall this provision extend the period of limitation by more than three years. 4. An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed. 5. A prosecution is commenced either when an indictment is found or an information filed. 6. The period of limitation does not run: (1) During any time when the accused is absent from the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years; or (2) During any time when the accused is concealing himself from justice either within or without this state; or (3) During any time when a prosecution against the accused for the offense is pending in this state; or (4) During any time when the accused is found to lack mental fitness to proceed pursuant to section 552.020, RSMo. (L. 1977 S.B. 60, A.L. 1986 S.B. 685, A.L. 1997 S.B. 56, A.L. 1999 H.B. 487, A.L. 2002 H.B. 1037, et al. merged with S.B. 650) Effective 3-6-02
Crime Victims' Compensation Program The Crime Victims' Compensation Fund (referred to as the Fund) was statutorily established in Missouri in 1981 with the enactment of RSMo 595. The agency rules are found in the Code of State Regulations at 8 CSR 50-6.010. The Fund was created to compensate innocent victims of crime who are physically injured or die as a result of a crime. Victims or their surviving family members may apply for assistance with expenses incurred as a direct result of the crime. The Crime Victims' Compensation Program (referred to as the Program) is located within the Division of Workers' Compensation. The Program is responsible for administering the Fund. Eligibility for compensation from the Fund is set out in § 595.020, RSMo. Under this statutory section, those eligible to make a claim are: The victim; In the case of a sexual assault victim: A relative of the victim requiring counseling in order to better assist the victim in his recovery; and In the case of the death of the victim as a direct result of the crime: A dependent of the victim; Any member of the family who legally assumes the obligation, or who pays the medical or burial expenses incurred as a direct result; or A survivor of the victim requiring counseling as a direct result of the death of the victim. For purposes of the Crime Victims' Compensation Fund, a crime is defined under § 595.010(5), RSMo, as: "an act committed in this state which, if committed by a mentally competent criminally responsible person who had no legal exemption or defense, would constitute a crime provided that, such act involves the application of force or violence or the threat of force or violence by the offender upon the victim but shall include the crime of driving while intoxicated, vehicular manslaughter and hit and run; and provided further, that no act involving the operation of a motor vehicle except driving while intoxicated, vehicular manslaughter and hit and run which results in injury to another shall constitute a crime . . . unless such injury was intentionally inflicted through the use of a motor vehicle. A crime shall also include an act of terrorism as defined in 18 U. S. C. Section 2331 , which has been committed outside of the United States against a resident of Missouri." Injuries resulting from the crimes of driving while intoxicated, vehicular manslaughter, hit and run, and those accidents occurring from the intentional infliction of harm by use of a car are the only situations where an injury from a car is compensable.
565.024. 1. A person commits the crime of involuntary manslaughter in the first degree if he or she: (1) Recklessly causes the death of another person; or (2) While in an intoxicated condition operates a motor vehicle in this state and, when so operating, acts with criminal negligence to cause the death of any person; or (3) While in an intoxicated condition operates a motor vehicle in this state, and, when so operating, acts with criminal negligence to: (a) Cause the death of any person not a passenger in the vehicle operated by the defendant, including the death of an individual that results from the defendant's vehicle leaving a highway, as defined by section 301.010, RSMo, or the highway's right-of-way; or (b) Cause the death of two or more persons; or (c) Cause the death of any person while he or she has a blood alcohol content of at least eighteen-hundredths of one percent by weight of alcohol in such person's blood. 2. Involuntary manslaughter in the first degree under subdivision (1) or (2) of subsection 1 of this section is a class C felony. Involuntary manslaughter in the first degree under subdivision (3) of subsection 1 of this section is a class B felony. A second or subsequent violation of subdivision (3) of subsection 1 of this section is a class A felony. For any violation of subdivision (3) of subsection 1 of this section, the minimum prison term which the defendant must serve shall be eighty-five percent of his or her sentence. 3. A person commits the crime of involuntary manslaughter in the second degree if he acts with criminal negligence to cause the death of any person. 4. Involuntary manslaughter in the second degree is a class D felony. Assault, second degree, penalty. 565.060. 1. A person commits the crime of assault in the second degree if he: (1) Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or (2) Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument; or (3) Recklessly causes serious physical injury to another person; or (4) While in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle in this state and, when so operating, acts with criminal negligence to cause physical injury to any other person than himself; or (5) Recklessly causes physical injury to another person by means of discharge of a firearm. 2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section. 3. Assault in the second degree is a class C felony. (L. 1977 S.B. 60, A.L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, S.B. 602, A.L. 1993 S.B. 180) (1984) "Physical injury", terms used in instructions were terms of common usage and no definition of such terms is required. (Mo.App.) State v. Mace, 665 S.W.2d 655
Hit and Run Accidents
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