Missouri Revised Statutes

Mo. Rev. Stat. § 566.030 (2026)

Rape in the first degree, penalties

✓ current as of May 2026

Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

566.030. Rape in the first degree, penalties — suspended sentences not granted, when. — 1. A person commits the offense of rape in the first degree if he or she has sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.

2. The offense of rape in the first degree or an attempt to commit rape in the first degree is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless:

(1) The offense is an aggravated sexual offense, in which case the authorized term of imprisonment is life imprisonment or a term of years not less than fifteen years;

(2) The person is a persistent or predatory sexual offender as defined in section 566.125 and subjected to an extended term of imprisonment under said section;

(3) The victim is a child less than twelve years of age, in which case the required term of imprisonment is life imprisonment without eligibility for probation or parole until the offender has served not less than thirty years of such sentence or unless the offender has reached the age of seventy-five years and has served at least fifteen years of such sentence, unless such rape in the first degree is described under subdivision (4) of this subsection; or

(4) The victim is a child less than twelve years of age and such rape in the first degree or attempt to commit rape in the first degree was outrageously or wantonly vile, horrible or inhumane, in that it involved torture or depravity of mind, in which case the required term of imprisonment is life imprisonment without eligibility for probation, parole or conditional release.

3. Subsection 4 of section 558.019 shall not apply to the sentence of a person who has been found guilty of rape in the first degree or attempt to commit rape in the first degree when the victim is less than twelve years of age, and "life imprisonment" shall mean imprisonment for the duration of a person's natural life for the purposes of this section.

4. No person found guilty of rape in the first degree or an attempt to commit rape in the first degree shall be granted a suspended imposition of sentence or suspended execution of sentence.

--------

(L. 1977 S.B. 60, A.L. 1980 H.B. 1138, et al., A.L. 1990 H.B. 1370, et al., A.L. 1993 S.B. 180, A.L. 1994 S.B. 693, A.L. 1998 H.B. 1779, A.L. 2006 H.B. 1698, et al., A.L. 2009 S.B. 36 & 112, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCES:

Child sexual abuse, actions for civil damages may be brought, when, 537.046

No bail, certain defendants, certain offenses, 544.671

Victim or witness in rape case not to be interrogated as to prior sexual conduct, when, 491.015

(1989) Use of weapon not required to prove charge of felonious restraint. Threat of injury from weapon is sufficient to substantiate the charge. (Mo.App.) State v. Brigman, 784 S.W.2d 217.

(1992) Pursuant to section 1.030, RSMo, use of word "he" includes both male and female and because section encompasses the conduct of males and females, there is no violation of the equal protection clauses of the United States or Missouri Constitutions. State v. Stokely, 842 S.W.2d 77 (Mo. en banc).

(1997) Female can be held guilty of rape where she aids a male in committing the rape, even though she cannot commit a rape individually. Bass v. State, 950 S.W.2d 940 (Mo.App.W.D.).

Notes of Decisions

Cited in 811 cases (30 in the last 5 years), 1978–2026 · leading case: State v. Walker, 352 S.W.3d 385 (Mo. Ct. App. 2011).

Sort: Relevance Newest Treatment

State v. Walker, 352 S.W.3d 385 (Mo. Ct. App. 2011). · cites it 24× “Factual and Procedural Background The State charged the defendant with forcible rape, Section 566.030 RSMo, and *387 first-degree statutory rape, Section 566.”

State v. Harris, 620 S.W.2d 349 (Mo. 1981). · cites it 8× “120, RSMo 1978, proscribes the following conduct as sexual abuse in the third degree: (1) subjects to another person to whom he is not married, (2) to sexual contact, (3) without that person's consent.”

State v. Maples, 306 S.W.3d 153 (Mo. Ct. App. 2010). · cites it 27× “At that time, section 566.030, RSMo Cum.Supp.1993, provided that the penalty for forcible rape was five years to thirty years or life imprisonment, unless there was an aggravated circumstance such as the display of a dangerous instrument.”

State v. Dennis, 153 S.W.3d 910 (Mo. Ct. App. 2005). · cites it 17× “Dennis appeals his convictions and sentences for aggravated rape, under section 566.030, RSMo 1986, and first degree assault, under section 565.”

State v. Hardin, 429 S.W.3d 417 (Mo. 2014). · cites it 8× “Regardless, the plain and ordinary meaning of the statute indicates that the legislature intended to give sentencing courts two options — life imprisonment or an unlimited term of years not less than five years — and this plain meaning is supported by the differences between the…”

State v. Hyman, 37 S.W.3d 384 (Mo. Ct. App. 2001). · cites it 8× “Section 566.030, RSMo 1994 (now repealed), for one count of forcible rape against E.”

State v. Schaal, 806 S.W.2d 659 (Mo. 1991). · cites it 6× “Convicted of rape, in violation of Section 566.030, RSMo 1986, appellant Schaal claims that Section 492.”

State v. Long, 140 S.W.3d 27 (Mo. 2004). · cites it 6× “Long was convicted of one count of forcible rape, section 566.030, RSMo 2000, [1] and one count of forcible sodomy, section 566.”

State v. Presley, 694 S.W.2d 867 (Mo. Ct. App. 1985). · cites it 10× “Count IV charged the defendant with rape by having intercourse with his adopted daughter to whom he was not married and who was less than 14 years of age *871 in violation of § 566.030. As stated, the evidence to support this charge was that the defendant's 14-year-old stepson…”

State ex rel. Heart of Am. Council, Boy Scouts of Am. & Boy Scouts of Am., Relators v. The Honorable Charles H. McKenzie, 484 S.W.3d 320 (Mo. 2016). · cites it 3× “As used in this section, the following terms mean: (1) “Childhood sexual abuse”, any act committed by the defendant against the plaintiff which act occurred when the plaintiff was under the age of eighteen years and which act would have been a violation of section 566.030,…”

State of Missouri v. Russell Allen Renfrow, Jr., 495 S.W.3d 840 (Mo. Ct. App. 2016). · cites it 7× “Factual Background2 Renfrow was convicted of forcible rape, an unclassified felony under § 566.030 RSMo, and second-degree child molestation, a misdemeanor under § 566.”

State v. Charron, 743 S.W.2d 436 (Mo. Ct. App. 1987). · cites it 12× “In support of his contention defendant directs this court to Section 566.030 RSMo 1979 which provides: 1 *438 1.”

Show all 811 citing cases →

— Mo. Rev. Stat. § 566.030(1) — 6 cases

State v. Dorsey, 318 S.W.3d 648 (Mo. 2010).

State v. Jackson, 703 S.W.2d 30 (Mo. Ct. App. 1985).

State v. Curtis, 921 S.W.2d 1 (Mo. Ct. App. 1996).

State of Missouri v. John Swearinger III (Mo. Ct. App. 2024).

State v. Gould, 735 S.W.2d 17 (Mo. Ct. App. 1987).

— Mo. Rev. Stat. § 566.030(1)(4) — 1 case

State v. Hannett, 713 S.W.2d 267 (Mo. Ct. App. 1986).

— Mo. Rev. Stat. § 566.030(2) — 2 cases

Molasky v. State, 710 S.W.2d 875 (Mo. Ct. App. 1986).

State v. Harris, 612 S.W.2d 898 (Mo. Ct. App. 1981).

— Mo. Rev. Stat. § 566.030(3) — 1 case

State v. Hogan, 748 S.W.2d 766 (Mo. Ct. App. 1988).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.