565.034. Person under eighteen, written notice filed to seek life without parole, procedure — withdrawal — trial procedure — required findings.
How Missouri handles cases where prosecutors want life without parole for teens
This law explains the steps prosecutors must take if they want to give someone under 18 a sentence of life without parole for first-degree murder. It also explains how the trial works and what must be proven to allow that sentence.
1. If the state wants to seek life without parole for someone under 18, it must file a written notice within 120 days of the person being charged. The notice must list the reasons (aggravating circumstances) for asking for that sentence. The court can give more time if there’s a good reason.
2. Once the notice is filed, the defendant gets 60 extra days to file or update legal motions.
3. The state can change its mind and cancel the notice by filing a written withdrawal. Once withdrawn, it cannot be refiled.
4. If the notice is properly filed, the trial must happen in two parts. In the first part, the judge or jury decides only whether the person is guilty or not guilty — not the sentence.
5. If the person is found guilty in the first part, the second part of the trial will decide the punishment.
6. Life without parole for someone under 18 can only be given if the jury (or judge in a non-jury trial) finds beyond a reasonable doubt that:
- The defendant physically hurt the victim and caused their death; and
- The defendant was guilty of first-degree murder and at least one of these things is true:
- (a) The defendant has a past conviction for serious crimes like first-degree murder, first-degree assault, rape, or sodomy;
- (b) The murder happened during one of those same crimes;
- (c) The murder was done for money or something valuable;
- (d) The defendant tortured the victim or caused pain for pleasure;
- (e) The victim was tied up or made helpless before being killed;
- (f) The body was mutilated or badly disfigured beyond what was needed to kill them;
- (g) The defendant sexually abused the victim during or after the killing;
- (h) The murder was done to hurt someone else emotionally;
- (i) The victim was a judge, prosecutor, cop, firefighter, corrections officer, or witness — and the murder was related to their job or testimony.
Contact Combs Waterkotte today at 314-900-HELP to talk with a Missouri criminal defense lawyer.
