571.015. Armed criminal action, offense of — penalty. — 1. Any person who commits any felony under the laws of this state by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon is also guilty of the offense of armed criminal action; the offense of armed criminal action shall be an unclassified felony and, upon conviction, shall be punished by imprisonment by the department of corrections for a term of not less than three years and not to exceed fifteen years, unless the person is unlawfully possessing a firearm, in which case the term of imprisonment shall be for a term of not less than five years. The punishment imposed pursuant to this subsection shall be in addition to and consecutive to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person convicted under this subsection shall be eligible for parole, probation, conditional release, or suspended imposition or execution of sentence for a period of three calendar years.
2. Any person convicted of a second offense of armed criminal action under subsection 1 of this section shall be punished by imprisonment by the department of corrections for a term of not less than five years and not to exceed thirty years, unless the person is unlawfully possessing a firearm, in which case the term of imprisonment shall be for a term not less than fifteen years. The punishment imposed pursuant to this subsection shall be in addition to and consecutive to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person convicted under this subsection shall be eligible for parole, probation, conditional release, or suspended imposition or execution of sentence for a period of five calendar years.
3. Any person convicted of a third or subsequent offense of armed criminal action under subsection 1 of this section shall be punished by imprisonment by the department of corrections for a term of not less than ten years, unless the person is unlawfully possessing a firearm, in which case the term of imprisonment shall be no less than fifteen years. The punishment imposed pursuant to this subsection shall be in addition to and consecutive to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person convicted under this subsection shall be eligible for parole, probation, conditional release, or suspended imposition or execution of sentence for a period of ten calendar years.
Notes of Decisions
State of Missouri v. Justin Floyd Eugene Jones, 479 S.W.3d 100 (Mo. 2016).
· cites it 36× “Jones’ argument reads section 571.015 as though it limits armed criminal action solely to circumstances in which the defendant “uses a dangerous instrument or deadly weapon to commit any felony under the laws of this state.”
Sours v. State, 603 S.W.2d 592 (Mo. 1980).
· cites it 22× “1976 (now § 571.015, RSMo 1978). A separate punishment was imposed for each count.”
State v. Peters, 855 S.W.2d 345 (Mo. 1993).
· cites it 38× “The trial court instructed the jury that, if it believed beyond a reasonable doubt that Peters "knowingly caused serious physical injury to [the victim] by beating her with a tire iron," it must find him guilty of assault in the first degree.”
State v. Prince, 311 S.W.3d 327 (Mo. Ct. App. 2010).
· cites it 34× “1(9), and armed criminal action, section 571.015. 2 Prior to trial, Prince filed a motion for continuance and several motions to dismiss based on double jeopardy and statutory grounds, all of which were denied by the trial court.”
Sours v. State, 593 S.W.2d 208 (Mo. 1980).
· cites it 12× “1976 (now § 571.015, RSMo 1978). Appellant contends that convictions for both crimes based on one incident violates his constitutional right against being twice placed in jeopardy.”
State of Missouri v. Blaec James Lammers, 479 S.W.3d 624 (Mo. 2016).
· cites it 4× “050, 5 armed criminal action under section 571.015 for committing first-degree assault by use of deadly weapon, and making a terroristic threat under section 574.”
State v. Reynolds, 819 S.W.2d 322 (Mo. 1991).
· cites it 20× “160, RSMo 1986] and armed criminal action [§ 571.015, RSMo 1986]. The defendant was sentenced by the trial court as a class X offender to a term of thirty years imprisonment on the burglary conviction and to a concurrent sentence of ten years on the armed criminal action…”
State v. Belton, 153 S.W.3d 307 (Mo. 2005).
· cites it 6× “021, 2 and armed criminal action, section 571.015. *309 Belton was convicted by a jury of the lesser-included crime of involuntary manslaughter in the first degree, section 565.”
State Ex Rel. Westfall v. Ruddy, 621 S.W.2d 42 (Mo. 1981).
· cites it 15× “1976 (now § 571.015, RSMo 1978) expressly provides that `any person who commits any felony under the laws of this state by, with, or through the use, assistance, or aid of a dangerous or deadly weapon is also guilty of the crime of armed criminal action.”
State Ex Rel. Green v. Moore, 131 S.W.3d 803 (Mo. 2004).
· cites it 16× “Green with armed criminal action in violation of section 571.015, based on the commission of second-degree murder as set out in Count I, which, in turn, was based on the felony of exhibition of a weapon that formed the basis of Count III.”
State v. Chambers, 234 S.W.3d 501 (Mo. Ct. App. 2007).
· cites it 6× “011, RSMo 2000, and two counts of armed criminal action, Section 571.015, RSMo 2000. Chambers was sentenced to two terms of twelve years’ imprisonment for the first degree robbery and attempted first degree robbery counts, and two terms of three years’ imprisonment for the armed…”
State v. Whalen, 49 S.W.3d 181 (Mo. 2001).
· cites it 4× “050 for attempting to cause serious physical injury to Officer Taylor and Deputy Edler, as well as on three associated counts of armed criminal action in violation of section 571.015. Mr. Whalen relied on a defense of mental disease or defect, and additionally argued that there…”
— Mo. Rev. Stat. § 571.015(1) — 7 cases
State v. Peters, 855 S.W.2d 345 (Mo. 1993).
“The trial court instructed the jury that, if it believed beyond a reasonable doubt that Peters "knowingly caused serious physical injury to [the victim] by beating her with a tire iron," it must find him guilty of assault in the first degree.”
— Mo. Rev. Stat. § 571.015(4) — 2 cases
State v. Prince, 311 S.W.3d 327 (Mo. Ct. App. 2010).
“1(9), and armed criminal action, section 571.015. 2 Prior to trial, Prince filed a motion for continuance and several motions to dismiss based on double jeopardy and statutory grounds, all of which were denied by the trial court.”
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