Missouri Revised Statutes

Mo. Rev. Stat. § 558.011 (2026)

Sentence of imprisonment, terms

✓ current as of May 2026

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558.011. Sentence of imprisonment, terms — conditional release. — 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 less than three years and not to exceed ten years;

(4) For a class D felony, a term of years not to exceed seven years;

(5) For a class E felony, a term of years not to exceed four years;

(6) For a class A misdemeanor, a term not to exceed one year;

(7) For a class B misdemeanor, a term not to exceed six months;

(8) For a class C misdemeanor, a term not to exceed fifteen days.

2. In cases of class D and E 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 D or E felony, it shall commit the person to the custody of the department of corrections.

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, 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) Except as otherwise provided, a sentence of imprisonment for a term of years for felonies other than dangerous felonies as defined in section 556.061, 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 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 parole board pursuant to subsection 5 of this section.

(2) "Conditional release" means the conditional discharge of an offender by the parole board, subject to conditions of release that the parole board deems reasonable to assist the offender to lead a law-abiding life, and subject to the supervision under the division of probation and parole. The conditions of release shall include avoidance by the offender of any other offense, federal or state, and other conditions that the parole 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 parole board. The director of any division of the department of corrections except the division of probation and parole may file with the parole board 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 parole board 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. 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 parole board and for the parole 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 parole board decision has not been reached, the offender shall be released conditionally. The decision of the parole board shall be final.

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(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, A.L. 2014 S.B. 491, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)

(2010) Statutory amendment in 1990 removing conditional release eligibility for inmates convicted of certain violent felonies is constitutional under original purpose, single subject, ex post facto, and retrospective provisions. Rentschler v. Nixon, 311 S.W.3d 783 (Mo.banc).

Notes of Decisions

Cited in 264 cases (25 in the last 5 years), 1980–2025 · leading case: Rentschler v. Nixon, 311 S.W.3d 783 (Mo. 2010).

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Rentschler v. Nixon, 311 S.W.3d 783 (Mo. 2010). · cites it 26× “When all were sentenced, the conditional release statute, section 558.011, RSMo 1978, was silent regarding whether violent felons were eligible for conditional release.”

Johnson v. Missouri Bd. of Prob. & Parole, 92 S.W.3d 107 (Mo. Ct. App. 2002). · cites it 26× “The Board claims in its jurisdictional statement that Johnson, in his petition for declaratory judgment, challenged the application of § 558.011 RSMo 1978 to his case, which is the version of the statute that was in effect at the time of Johnson’s offenses.”

State v. Quisenberry, 639 S.W.2d 579 (Mo. 1982). · cites it 22× “Section 558.011, RSMo Cum.Supp.1981, provides in pertinent part as follows: 558.”

Hall v. Missouri Bd. of Prob. & Parole, 10 S.W.3d 540 (Mo. Ct. App. 1999). · cites it 19× “In Points II and IV, he generally claims that the trial court erroneously declared and applied the law by applying § 558.011, RSMo 1994, as opposed to the 1986 version, thereby violating the prohibition against ex post facto laws as pronounced in the Missouri and United States…”

Cooper v. Holden, 189 S.W.3d 614 (Mo. Ct. App. 2006). · cites it 11× “He argues that he is entitled to a conditional release date based upon section 558.011, RSMo 1978, the statute in effect at the time of his sentencing.”

Esparza v. State, 518 S.W.3d 269 (Mo. Ct. App. 2017). · cites it 10× “2; section 558.011. 5 Section 577.023 provides for enhanced sentencing if a person has previously been convicted of one or more intoxication offenses.”

Webb v. State, 334 S.W.3d 126 (Mo. 2011). · cites it 4× “[5] See section 558.011 for the minimum and maximum terms of imprisonment for each of the felonies.”

State v. Grubb, 120 S.W.3d 737 (Mo. 2003). · cites it 4× “It states: The court may sentence a person who has pleaded guilty to or has been found guilty of an offense to a term of imprisonment authorized by section 558.011 or to a term of imprisonment authorized by a statute governing the offense, if it finds the defendant is a prior…”

State v. Griffin, 172 S.W.3d 861 (Mo. Ct. App. 2005). · cites it 9× “2, RSMo 2000, classifies child mo *865 lestation as a class B felony, and section 558.011(2), RSMo 2000, authorizes “a term of years not less than five years and not to exceed fifteen years” upon conviction of a class B felony.”

Burgess v. State, 342 S.W.3d 325 (Mo. 2011). · cites it 6× “8; section 558.011, RSMo Supp.2006. [3] A 15-year sentence was the mandatory sentence based on the factual basis and the crime charged.”

De Andrea Gray v. State of Missouri, 498 S.W.3d 522 (Mo. Ct. App. 2016). · cites it 4× “Section 558.011 (RSMo 1991) Gray was charged in Jackson County, Missouri in January 1992 with the Class A felony of assault in the first degree and ACA in Case No.”

State v. Nibarger, 304 S.W.3d 199 (Mo. Ct. App. 2009). · cites it 13× “016 are set forth in section 558.011, RSMo Cum. Supp.2008. The offense of statutory sodomy in the first degree is an unclassified offense.”

Show all 264 citing cases →

— Mo. Rev. Stat. § 558.011(1) — 7 cases

State v. Carson, 941 S.W.2d 518 (Mo. 1997).

Eakins v. State, 734 S.W.2d 290 (Mo. Ct. App. 1987).

State v. Schnelle, 924 S.W.2d 292 (Mo. Ct. App. 1996).

State v. Williams, 828 S.W.2d 894 (Mo. Ct. App. 1992).

State v. Jones, 745 S.W.2d 748 (Mo. Ct. App. 1987).

— Mo. Rev. Stat. § 558.011(1)(5) — 1 case

Dailey v. Lyles, 785 F. Supp. 812 (W.D. Mo. 1992).

— Mo. Rev. Stat. § 558.011(2) — 4 cases

State v. Griffin, 172 S.W.3d 861 (Mo. Ct. App. 2005). “2, RSMo 2000, classifies child mo *865 lestation as a class B felony, and section 558.011(2), RSMo 2000, authorizes “a term of years not less than five years and not to exceed fifteen years” upon conviction of a class B felony.”

State v. Downen, 952 S.W.2d 807 (Mo. Ct. App. 1997).

State v. Nevels, 804 S.W.2d 380 (Mo. Ct. App. 1991).

State v. Heyn, 175 S.W.3d 173 (Mo. Ct. App. 2005).

— Mo. Rev. Stat. § 558.011(3) — 5 cases

State v. Barnard, 820 S.W.2d 674 (Mo. Ct. App. 1991).

Krupp v. State, 356 S.W.3d 142 (Mo. 2011).

State v. Graham, 969 S.W.2d 759 (Mo. Ct. App. 1998).

State v. Little, 986 S.W.2d 924 (Mo. Ct. App. 1999).

State of Missouri v. Antwan T. Crosby (Mo. Ct. App. 2022).

— Mo. Rev. Stat. § 558.011(4) — 5 cases

In Re Frick, 694 S.W.2d 473 (Mo. 1985).

State v. Lynch, 131 S.W.3d 422 (Mo. Ct. App. 2004).

State v. Whiteley, 294 S.W.3d 114 (Mo. Ct. App. 2009).

State of Missouri v. Antwan T. Crosby (Mo. Ct. App. 2022).

— Mo. Rev. Stat. § 558.011(5) — 2 cases

State v. Helmig, 924 S.W.2d 562 (Mo. Ct. App. 1996).

Krupp v. State, 356 S.W.3d 142 (Mo. 2011).

— Mo. Rev. Stat. § 558.011(8) — 1 case

State of Missouri v. Anthony James Smith (Mo. 2020).

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