565.033. Person under eighteen, sentencing — factors to be considered, jury instructions. — 1. A person found guilty of murder in the first degree who was under the age of eighteen at the time of the commission of the offense shall be sentenced to a term of life without eligibility for probation or parole as provided in section 565.034, life imprisonment with eligibility for parole, or not less than thirty years and not to exceed forty years imprisonment.
2. When assessing punishment in all first degree murder cases in which the defendant was under the age of eighteen at the time of the commission of the offense or offenses, the judge in a jury-waived trial shall consider, or the judge shall include in instructions to the jury for it to consider, the following factors:
(1) The nature and circumstances of the offense committed by the defendant;
(2) The degree of the defendant's culpability in light of his or her age and role in the offense;
(3) The defendant's age, maturity, intellectual capacity, and mental and emotional health and development at the time of the offense;
(4) The defendant's background, including his or her family, home, and community environment;
(5) The likelihood for rehabilitation of the defendant;
(6) The extent of the defendant's participation in the offense;
(7) The effect of familial pressure or peer pressure on the defendant's actions;
(8) The nature and extent of the defendant's prior criminal history, including whether the offense was committed by a person with a prior record of conviction for murder in the first degree, or one or more serious assaultive criminal convictions;
(9) The effect of characteristics attributable to the defendant's youth on the defendant's judgment; and
(10) A statement by the victim or the victim's family member as provided by section 557.041 until December 31, 2016, and beginning January 1, 2017, section 595.229.
Notes of Decisions
Cited in
12
cases (
5 in the last 5 years), 2017–2024 · leading case:
State v. Campbell, 558 S.W.3d 554 (Mo. Ct. App. 2018).
State v. Campbell, 558 S.W.3d 554 (Mo. Ct. App. 2018).
· cites it 46× “Defendant raises three points on appeal, arguing the trial court: (1) abused its discretion in denying his request to strike a potential juror for cause; (2) erred in sentencing him to life in prison with eligibility for parole, pursuant to Section 565.033, 1 because the statute…”
Willbanks v. Missouri Dep't of Corr., 522 S.W.3d 238 (Mo. 2017).
“5, incorporating by reference § 565.033. This statute provides a legislative definition of when a sentence becomes equivalent to LWOP unless consideration for parole is granted.”
State v. Nathan, 522 S.W.3d 881 (Mo. 2017).
“5, incorporating by reference § 565.033. This statute provides a legislative definition of when a sentence becomes equivalent to LWOP and entitles the juvenile offender to a meaningful opportunity to be considered for release on parole.”
Trevon Henry v. State of Missouri (Mo. Ct. App. 2023).
· cites it 13× “” The parties further agreed that the range of punishment for the other crimes of ACA was “a minimum of three years up to no lid, that includes life,” and the range of punishment for robbery in the first degree was ten to thirty years or life.”
Brown v. Precythe (W.D. Mo. 2018).
· cites it 4× “5 ; Mo. Rev. Stat. § 565.033 ; Doc. 147, pp. 6-8.”
State of Missouri v. Troy Jackson-Bey (Mo. 2024).
· cites it 4× “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. In addition, the legislature passed section 565.”
Wade v. Wallace (E.D. Mo. 2022).
· cites it 3× “In a parole review hearing under this section, the board shall consider, in addition to the factors listed in section 565.033: (1) Efforts made toward rehabilitation since the offense or offenses occurred, including participation in educational, vocational, or other programs…”
State of Missouri v. Trenton Forster (Mo. Ct. App. 2020).
· cites it 2× “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. Section 565.020 (emphasis added).”
Winona M. Fletcher v. State of Alaska (Alaska Ct. App. 2023).
“1 (2)(b)(2) (listing circumstances a court should consider when determining what sentence to impose on a defendant convicted of first-degree murder committed when the defendant was under eighteen years old); Mo. Rev. Stat. § 565.033 (2) (setting out factors for a court to…”
Winona M. Fletcher v. State of Alaska (Alaska Ct. App. 2023).
“1 (2)(b)(2) (listing circumstances a court should consider when determining what sentence to impose on a defendant convicted of first-degree murder committed when the defendant was under eighteen years old); Mo. Rev. Stat. § 565.033 (2) (setting out factors for a court to…”
— Mo. Rev. Stat. § 565.033(1) — 1 case
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