Missouri Revised Statutes

Mo. Rev. Stat. § 561.021 (2026)

Forfeiture of public office

✓ current as of May 2026

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561.021. Forfeiture of public office — disqualification. — 1. A person holding any public office, elective or appointive, under the government of this state or any agency or political subdivision thereof, who is convicted of an offense shall, upon sentencing, forfeit such office if:

(1) He or she is convicted under the laws of this state of a felony or under the laws of another jurisdiction of an offense which, if committed within this state, would be a felony, or he or she pleads guilty or nolo contendere of such an offense; or

(2) He or she is convicted of or pleads guilty or nolo contendere to an offense involving misconduct in office, or dishonesty; or

(3) The Constitution or a statute other than the code so provides.

2. Except as provided in subsection 3 of this section, a person who pleads guilty or nolo contendere or is convicted under the laws of this state of a felony or under the laws of another jurisdiction of an offense which, if committed within this state, would be a felony, shall be ineligible to hold any public office, elective or appointive, under the government of this state or any agency or political subdivision thereof, until the completion of his or her sentence or period of probation.

3. A person who pleads guilty or nolo contendere or is convicted under the laws of this state or under the laws of another jurisdiction of a felony connected with the exercise of the right of suffrage shall be forever disqualified from holding any public office, elective or appointive, under the government of this state or any agency or political subdivision thereof.

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(L. 1977 S.B. 60, A.L. 1991 S.B. 262, A.L. 2014 S.B. 491)

Effective 1-01-17

Notes of Decisions

Cited in 5 cases, 1978–2012 · leading case: State Ex Inf. Hensley v. Young, 362 S.W.3d 386 (Mo. 2012).

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State Ex Inf. Hensley v. Young, 362 S.W.3d 386 (Mo. 2012). · cites it 6× “(8) Applicability of Section 561.021 Young next argues he is qualified to hold office pursuant to section 561.”

State ex inf. Peach v. Goins, 575 S.W.2d 175 (Mo. 1978). · cites it 2× “Respondent contends that the provisions of the new criminal code § 561.021, RSMo Supp. 1977, specifically provide for forfeiture of office if a person is convicted under the laws of this state or under the laws of another jurisdiction which if committed in Missouri would be a…”

United States v. Solomon, 826 F. Supp. 1221 (E.D. Mo. 1993). · cites it 2× “1(3) RSMo (1986), his plea can be an aggravating factor for sentencing purposes; (5) under § 561.021 RSMo (1986), defendant can not hold public office during the term of his probation; (6) under § 561.”

Foxworth v. Foxworth, 732 S.W.2d 931 (Mo. Ct. App. 1987). · cites it 13× “016, RSMo 1978; § 561.021, RSMo 1978; and § 561.026, RSMo Cum.”

State v. McNeal, 945 S.W.2d 470 (Mo. Ct. App. 1997). “020, RSMo 1994 1 , one count of murder in the second degree, § 561.021, and three counts of armed criminal action, § 571.”

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