565.020. First degree murder, penalty — person under eighteen years of age, penalty. — 1. A person commits the offense of murder in the first degree if he or she knowingly causes the death of another person after deliberation upon the matter.
2. The offense of murder in the first degree is a class A felony, and, if a person is eighteen years of age or older at the time of the offense, the punishment shall be either death or imprisonment for life without eligibility for probation or parole, or release except by act of the governor. If a person has not reached his or her eighteenth birthday at the time of the commission of the offense, the punishment shall be as provided under section 565.033.
Notes of Decisions
Cited in
816
cases (
56 in the last 5 years), 1984–2025 · leading case:
State v. Hart, 404 S.W.3d 232 (Mo. 2013).
State v. Hart, 404 S.W.3d 232 (Mo. 2013).
· cites it 49× “§ 565.020, RSMo 2000 (emphasis added). The language of section 565.”
State of Missouri v. Robert Blake Blurton, 484 S.W.3d 758 (Mo. 2016).
· cites it 6× “A jury convicted Robert Blurton of three counts of murder in the first degree under section 565.020. At the penalty phase, the state presented evidence of Mr.”
State v. Andrews, 329 S.W.3d 369 (Mo. 2011).
· cites it 14× “In addition, Andrews appeals the jury's verdict claiming that there was insufficient evidence from which a reasonable jury could conclude Andrews committed first degree murder.”
State v. Tisius, 92 S.W.3d 751 (Mo. 2002).
· cites it 7× “Tisius was convicted of two counts of first-degree murder, section 565.020. 1 He was sentenced to death for each murder.”
State v. Clemmons, 753 S.W.2d 901 (Mo. 1988).
· cites it 10× “Defendant Eric Darnell Clemmons, an inmate at the Missouri State Penitentiary, was convicted of the first degree murder, § 565.020, RSMo 1986, for slaying another *904 inmate, Henry Johnson, and sentenced to death.”
State v. Taylor, 929 S.W.2d 209 (Mo. 1996).
· cites it 10× “Michael Taylor pleaded guilty to first degree murder, section 565.020, RSMo 1986; armed criminal action, section 571.”
State v. Murray, 744 S.W.2d 762 (Mo. 1988).
· cites it 10× “Defendant Robert Anthony (Tony) Murray was convicted of two counts of first degree murder, Section 565.020, RSMo 1986, for the execution-style killing of two robbery victims, Jeffrey Jackson and Craig Stewart, and sentenced to death on both counts.”
State v. Anderson, 306 S.W.3d 529 (Mo. 2010).
· cites it 8× “Anderson admits that section 565.020, RSMo 2000, [3] establishes a single offense of first degree murder, but he argues that the combined effect of sections 565.”
State v. Johnson, 284 S.W.3d 561 (Mo. 2009).
· cites it 6× “Introduction A jury found Kevin Johnson (Appellant) guilty of one count of first-degree murder, pursuant to section 565.020, [1] for killing Sgt. William McEntee and recommended the death penalty.”
State of Missouri v. Trent L. Williams, 420 S.W.3d 713 (Mo. Ct. App. 2014).
· cites it 17× “4 On January 27, 2009, a petition was filed in the Family Court Division of the Circuit Court of Jackson County, Missouri, alleging that on June 8, 1993, 5 Williams, a juvenile, 6 committed murder in the first degree, § 565.020, RSMo Cum.Supp.1992. Williams was also charged with…”
Roper v. Simmons, 543 U.S. 551 (2005).
· cites it 2× “§ 97-3-21 (Lexis 2000) (same) Missouri Mo. Rev. Stat. Ann. § 565.020 (2000) (minimum age of 16) Nevada Nev.”
State v. Cole, 71 S.W.3d 163 (Mo. 2002).
· cites it 5× “15 Appellant’s argument is based upon the premise that while section 565.020 establishes a single offense of first-degree murder, the combined effect of sections 565.”
— Mo. Rev. Stat. § 565.020(1) — 4 cases
— Mo. Rev. Stat. § 565.020(2) — 1 case
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