Missouri Revised Statutes

Mo. Rev. Stat. § 558.026 (2026)

Concurrent and consecutive terms of imprisonment

✓ current as of May 2026

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558.026. Concurrent and consecutive terms of imprisonment. — 1. Multiple sentences of imprisonment shall run concurrently unless the court specifies that they shall run consecutively; except in the case of multiple sentences of imprisonment imposed for any offense committed during or at the same time as, or multiple offenses of, the following felonies:

(1) Rape in the first degree, forcible rape, or rape;

(2) Statutory rape in the first degree;

(3) Sodomy in the first degree, forcible sodomy, or sodomy;

(4) Statutory sodomy in the first degree; or

(5) An attempt to commit any of the felonies listed in this subsection. In such case, the sentence of imprisonment imposed for any felony listed in this subsection or an attempt to commit any of the aforesaid shall run consecutively to the other sentences. The sentences imposed for any other offense may run concurrently.

2. If a person who is on probation, parole or conditional release is sentenced to a term of imprisonment for an offense committed after the granting of probation or parole or after the start of his or her conditional release term, the court shall direct the manner in which the sentence or sentences imposed by the court shall run with respect to any resulting probation, parole or conditional release revocation term or terms. If the subsequent sentence to imprisonment is in another jurisdiction, the court shall specify how any resulting probation, parole or conditional release revocation term or terms shall run with respect to the foreign sentence of imprisonment.

3. A court may cause any sentence it imposes to run concurrently with a sentence an individual is serving or is to serve in another state or in a federal correctional center. If the Missouri sentence is served in another state or in a federal correctional center, subsection 4 of section 558.011 and section 217.690 shall apply as if the individual were serving his or her sentence within the department of corrections of the state of Missouri, except that a personal hearing before the parole board shall not be required for parole consideration.

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(L. 1977 S.B. 60, A.L. 1980 H.B. 1138, et al., A.L. 1982 H.B. 1196, A.L. 1983 H.B. 713 Revision, A.L. 1995 H.B. 424, A.L. 2013 H.B. 215, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)

(1985) Court construed this section to mandate consecutive sentences for rape and sodomy committed by defendant at the same time. Adams v. State, 688 S.W.2d 401 (Mo.App.).

(1991) Although statute requires consecutive sentences any time a sex crime is committed at the same time as any other felony, even if the additional felony is also a sex crime, the sentencing court has discretion to run sentences concurrently, when a defendant's convictions consist only of sex offenses. State v. Harger, 804 S.W.2d 35 (Mo. App.).

Notes of Decisions

Cited in 53 cases (6 in the last 5 years), 1980–2025 · leading case: State v. Contreras-Cornejo, 526 S.W.3d 146 (Mo. Ct. App. 2017).

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State v. Contreras-Cornejo, 526 S.W.3d 146 (Mo. Ct. App. 2017). · cites it 17× “Point I In his first point, Defendant argues that the trial court erred in not exercising judicial discretion when it sentenced him to consecutive sentences for Counts I, III and IV under Section 558.026 RSMo. Standard of Review Where a defendant does not raise the issue of…”

State v. Scott, 348 S.W.3d 788 (Mo. Ct. App. 2011). · cites it 4× “For example, in Seaton , the prosecutor’s recommendation implied that section 558.026 required the court to impose consecutive sentences.”

State v. Kuhlenberg, 981 S.W.2d 617 (Mo. Ct. App. 1998). · cites it 10× “At sentencing of defendant, counsel for both parties and the court had a lengthy debate as to whether the court, under RSMo section 558.026 (Supp.1995), had the discretion to run the sentences for multiple convictions of sex crimes concurrently or was statutorily mandated to run…”

State v. Mort, 321 S.W.3d 471 (Mo. Ct. App. 2010). · cites it 3× “§ 558.026; Williams v. State, 800 S.W.2d 739 (Mo.”

State v. Hamilton, 791 S.W.2d 789 (Mo. Ct. App. 1990). · cites it 3× “The court rendered all these sentences to be consecutive under the belief that section 558.026, RSMo 1986, so required. On January 29, 1988, appellant filed a pro se Rule 29.”

Harper v. State, 256 S.W.3d 220 (Mo. Ct. App. 2008). · cites it 6× “035 motion arguing that his sentence was excessive because it violated section 558.026 1 and because the original plea court should have determined whether the sentences ran concurrently or consecutively.”

State v. Dailey, 53 S.W.3d 580 (Mo. Ct. App. 2001). · cites it 3× “Section 558.026, RSMo 2000, governs concurrent and consecutive prison terms.”

State v. Burgess, 800 S.W.2d 743 (Mo. 1990). · cites it 2× “for cause a juror who possibly knew the father of one of the State's witnesses; 2) failing to declare a mistrial when the victim, while on the stand, tore in half a photograph of herself that she had given Burgess; 3) allowing the state to peremptorily strike three black members…”

State v. Cooper, 712 S.W.2d 27 (Mo. Ct. App. 1986). · cites it 2× “Section 558.026 reads in part: Multiple sentences of imprisonment shall run concurrently unless the court specifies that they shall run consecutively;.”

State v. Lewis, 633 S.W.2d 110 (Mo. Ct. App. 1982). · cites it 2× “That they were made to run consecutively rather than concurrently was an exercise of prerogative under § 558.026 quite apart from dangerous offender § 558.”

State of Missouri, Plaintiff-respondent v. Frankie Lee Brown, 438 S.W.3d 500 (Mo. Ct. App. 2014). · cites it 2× “Section 558.026 was amended in 2013 to reword subsection 1 and add offenses.”

State v. Hyman, 37 S.W.3d 384 (Mo. Ct. App. 2001). “Multiple sentences of imprisonment shall run concurrently unless the court specifies that they shall run consecutively; except that, in the case of multiple sentences of imprisonment imposed for the felony of rape, forcible rape, sodomy, forcible sodomy or an attempt to commit…”

Show all 53 citing cases →

— Mo. Rev. Stat. § 558.026(1) — 2 cases

State v. Bulloch, 838 S.W.2d 510 (Mo. Ct. App. 1992).

McGuirk v. State, 749 S.W.2d 707 (Mo. Ct. App. 1988).

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