557.021. Classification of offenses outside this code. — 1. Any offense defined outside this code which is declared to be a misdemeanor without specification of the penalty therefor is a class A misdemeanor.
2. Any offense defined outside this code which is declared to be a felony without specification of the penalty therefor is a class E felony.
3. For the purpose of applying the extended term provisions of section 558.016 and the minimum prison term provisions of section 558.019 and for determining the penalty for attempts, offenses defined outside of this code shall be classified as follows:
(1) If the offense is a felony:
(a) It is a class A felony if the authorized penalty includes death, life imprisonment or imprisonment for a term of twenty years or more;
(b) It is a class B felony if the maximum term of imprisonment authorized exceeds ten years but is less than twenty years;
(c) It is a class C felony if the maximum term of imprisonment authorized is ten years;
(d) It is a class D felony if the maximum term of imprisonment exceeds four years but is less than ten years;
(e) It is a class E felony if the maximum term of imprisonment is four years or less;
(2) If the offense is a misdemeanor:
(a) It is a class A misdemeanor if the authorized imprisonment exceeds six months in jail;
(b) It is a class B misdemeanor if the authorized imprisonment exceeds thirty days but is not more than six months;
(c) It is a class C misdemeanor if the authorized imprisonment is thirty days or less;
(d) It is a class D misdemeanor if it includes a mental state as an element of the offense and there is no authorized imprisonment;
(e) It is an infraction if there is no authorized imprisonment.
Notes of Decisions
Cited in
18
cases (
1 in the last 5 years), 1982–2023 · leading case:
State v. Hyman, 37 S.W.3d 384 (Mo. Ct. App. 2001).
State v. Hyman, 37 S.W.3d 384 (Mo. Ct. App. 2001).
· cites it 12× “The flaws result from the Cunningham court’s reliance on § 557.021, RSMo 1994, which provides in pertinent part: Section 557.”
State v. Hutton, 825 S.W.2d 883 (Mo. Ct. App. 1992).
· cites it 8× “Since August 1988, § 557.021 classifies non-code crimes for the purposes of applying the “extended term” provisions of 558.”
State v. Nibarger, 304 S.W.3d 199 (Mo. Ct. App. 2009).
· cites it 15× “Section 557.021, RSMo 2000, expressly addresses determination of the penalty for attempts to commit unclassified offenses.”
State v. Peeples, 288 S.W.3d 767 (Mo. Ct. App. 2009).
· cites it 2× “Section 557.021 governs the classification of offenses outside of the criminal code.”
State v. Green, 629 S.W.2d 326 (Mo. 1982).
· cites it 2× “In Point III, appellant contends that the trial court enhanced his sentence in connection with Count II because the trial court was prejudiced against him.”
Watkins v. Missouri Dep't of Corr., 349 S.W.3d 423 (Mo. Ct. App. 2011).
· cites it 10× “The court further found that it was appropriate to treat the rape offense as a class A felony due to the authorized range of punishment for purposes of calculating parole eligibility under section 557.”
Wescott v. State, 731 S.W.2d 326 (Mo. Ct. App. 1987).
· cites it 2× “See § 557.021, governing the classification of offenses outside the Missouri Criminal Code.”
State v. Williams, 844 S.W.2d 562 (Mo. Ct. App. 1992).
· cites it 3× “1(1) RSMo 1986 (repealed 1989), and was therefore a class A felony, section 557.021 RSMo 1986. Mr. Williams was found by the court to be a persistent offender under section 558.”
State v. Edwards, 918 S.W.2d 841 (Mo. Ct. App. 1996).
· cites it 2× “The State points out that appellant overlooks section 557.021, which provides: 3. For the purposes of applying the .”
State v. Wolf, 930 S.W.2d 484 (Mo. Ct. App. 1996).
· cites it 3× “Section 557.021 is entitled “Classification of offenses outside this code.”
Dailey v. Lyles, 785 F. Supp. 812 (W.D. Mo. 1992).
· cites it 2× “Section 557.021(1) of Missouri Statutes Annotated says that “[a]ny offense defined outside this code which is declared to be a misdemeanor without specification of the penalty therefor is a class A misdemeanor.”
Mo. Rev. Stat. § 557.021(1): 1 case
Dailey v. Lyles, 785 F. Supp. 812 (W.D. Mo. 1992).
“Section 557.021(1) of Missouri Statutes Annotated says that “[a]ny offense defined outside this code which is declared to be a misdemeanor without specification of the penalty therefor is a class A misdemeanor.”
Mo. Rev. Stat. § 557.021(3)(l)(a): 2 cases
State v. Hyman, 37 S.W.3d 384 (Mo. Ct. App. 2001).
“The flaws result from the Cunningham court’s reliance on § 557.021, RSMo 1994, which provides in pertinent part: Section 557.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.