Effective – 01 Jan 2017, 2 histories 562.011. Voluntary act. — 1. A person is not guilty of an offense unless his or her liability is based on conduct which includes a voluntary act. 2. A “voluntary act” is: (1) A bodily movement performed while conscious as a result of effort or determination; or (2) […]
Effective – 01 Jan 2017 562.012. Attempt — guilt for an offense may be based on. — 1. Guilt for an offense may be based upon an attempt to commit an offense if, with the purpose of committing the offense, a person performs any act which is a substantial step towards the commission of the […]
Effective – 28 Aug 2020, 3 histories 562.014. Conspiracy, offense of — penalty. — 1. A person commits the offense of conspiracy to commit, in any manner or for any purpose, an offense if the person agrees, with one or more persons, to commit any class A, B, or C felony offense, or any unclassified […]
Effective – 01 Jan 2017, 2 histories 562.016. Culpable mental state. — 1. Except as provided in section 562.026, a person is not guilty of an offense unless he or she acts with a culpable mental state, that is, unless he or she acts purposely or knowingly or recklessly or with criminal negligence, as the […]
Effective – 28 Aug 1997 562.021. Culpable mental state, application. — 1. If the definition of any offense prescribes a culpable mental state but does not specify the conduct, attendant circumstances or result to which it applies, the prescribed culpable mental state applies to each such material element. 2. If the definition of an offense […]
Effective – 28 Aug 1997 562.026. Culpable mental state, when not required. — A culpable mental state is not required: (1) If the offense is an infraction and no culpable mental state is prescribed by the statute defining the offense; or (2) If the offense is a felony or misdemeanor and no culpable mental state […]
Effective – 01 Jan 2017, 2 histories 562.031. Ignorance and mistake. — 1. A person is not relieved of criminal liability for conduct because he or she engages in such conduct under a mistaken belief of fact or law unless such mistake negatives the existence of the mental state required by the offense. 2. A […]
Effective – 01 Jan 2017, 2 histories 562.036. Accountability for conduct. — A person with the required culpable mental state is guilty of an offense if it is committed by his or her own conduct or by the conduct of another person for which he or she is criminally responsible, or both. ——– (L. 1977 […]
Effective – 01 Jan 2017, 2 histories 562.041. Responsibility for the conduct of another. — 1. A person is criminally responsible for the conduct of another when: (1) The statute defining the offense makes him or her so responsible; or (2) Either before or during the commission of an offense with the purpose of promoting […]
Effective – 01 Jan 1979 562.046. Defense precluded. — It is no defense to any prosecution for an offense in which the criminal responsibility of the defendant is based upon the conduct of another that (1) Such other person has been acquitted or has not been convicted or has been convicted of some other offense […]
Effective – 01 Jan 2017, 2 histories 562.051. Conviction of different degrees of offenses. — Except as otherwise provided, when two or more persons are criminally responsible for an offense which is divided into degrees, each person is guilty of such degree as is compatible with his or her own culpable mental state and with […]
Effective – 01 Jan 2017, 2 histories 562.056. Liability of corporations and unincorporated associations. — 1. A corporation is guilty of an offense if: (1) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or (2) The conduct constituting the offense is […]
Effective – 01 Jan 2017, 2 histories 562.061. Liability of individual for conduct of corporation or unincorporated association. — A person is criminally liable for conduct constituting an offense which he or she performs or causes to be performed in the name of or in behalf of a corporation or unincorporated association to the same […]
Effective – 01 Jan 2017, 2 histories 562.066. Entrapment. — 1. The commission of acts which would otherwise constitute an offense is not criminal if the actor engaged in the prescribed conduct because he or she was entrapped by a law enforcement officer or a person acting in cooperation with such an officer. 2. An […]
Effective – 01 Jan 2017, 2 histories 562.071. Duress. — 1. It is an affirmative defense that the defendant engaged in the conduct charged to constitute an offense because he or she was coerced to do so, by the use of, or threatened imminent use of, unlawful physical force upon him or her or a […]
Effective – 01 Jan 2017, 2 histories 562.076. Intoxicated or drugged condition. — 1. A person who is in an intoxicated or drugged condition, whether from alcohol, drugs or other substance, is criminally responsible for conduct unless such condition is involuntarily produced and deprived him or her of the capacity to know or appreciate the […]
Effective – 01 Jan 2017, 2 histories 562.086. Lack of responsibility because of mental disease or defect. — 1. A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he was incapable of knowing and appreciating the nature, quality or wrongfulness of […]
