565.033. Person under eighteen, sentencing — factors to be considered, jury instructions.
Special rules for sentencing teens convicted of first-degree murder
This law explains how courts should sentence someone who was under 18 when they committed first-degree murder. It also lists what the judge or jury must think about before deciding the sentence.
1. If the person was under 18 when the crime happened, they can be sentenced to one of these:
- Life in prison with no chance of parole (as explained in §565.034);
- Life in prison with a chance for parole;
- 30 to 40 years in prison.
2. When deciding the sentence, the judge or jury must look at things like:
- What happened and how serious the crime was
- How responsible the teen was, based on their age and what they did
- The teen’s age, maturity, smarts, and emotional/mental health
- Their family life, home situation, and community
- Whether the teen can grow and change (rehabilitation)
- How big of a role the teen played in the crime
- If they were pressured by friends or family
- Whether they’ve done other violent crimes before
- How being young affected their decisions
- Any statements from the victim’s family about how the crime affected them
Contact Combs Waterkotte at (314) 900-HELP for experienced defense counsel in Missouri homicide cases.
