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Current as of January 01, 2025 | Updated by Findlaw Staff
1. The following words or phrases as used in this chapter have the following meanings, unless the context otherwise requires:
(1)“Persistent drug offender”, one who has been found guilty of two or more felony offenses of the laws of this state or of the United States, or any other state, territory or district relating to controlled substances;
(2)“Prior drug offender”, one who has been found guilty of any felony offense of the laws of this state, or of the United States, or any other state, territory or district relating to controlled substances.
2. Prior findings of guilt shall be pleaded and proven in the same manner as required by section 558.021.
3. The court shall not instruct the jury as to the range of punishment or allow the jury, upon a finding of guilty, to assess and declare the punishment as part of its verdict in cases of prior drug offenders or persistent drug offenders.
4. The court shall sentence a person who has been found to be a prior drug offender and is found guilty of a class C, D, or E felony under this chapter to the authorized term of imprisonment for an offense one class higher than the offense for which the person was found guilty.
5. The court shall sentence a person who has been found to be a persistent drug offender and is found guilty of a class C, D, or E felony under this chapter to the authorized term of imprisonment for an offense two classes higher than the offense for which the person was found guilty. The court shall sentence a persistent drug offender who is found guilty of a class B felony under this chapter to the authorized term of imprisonment for a class A felony offense.
Cite this article: FindLaw.com - Missouri Revised Statutes Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders § 579.170. Prior and persistent drug offenders, definitions, sentencing - last updated January 01, 2025 | https://codes.findlaw.com/mo/title-xxxviii-crimes-and-punishment-peace-officers-and-public-defenders/mo-rev-st-579-170/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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