566.030. Rape in the first degree, penalties — suspended sentences not granted, when.
This law makes it a serious crime to force someone to have sex or take advantage of someone who can’t say yes.
If someone forces another person to have sex, or has sex with a person who can’t say no because they’re too impaired, it’s first-degree rape. This comes with very long prison sentences.
1. It’s first-degree rape if someone has sex with another person who:
- Is too drunk, drugged, asleep, or mentally unable to agree, or
- Is forced or tricked, including being secretly drugged to be unable to consent.
2. The punishment is life in prison or at least 5 years. But it’s even harsher if:
- (1) The rape was violent or caused serious harm — at least 15 years or life.
- (2) The person has a record of sexual crimes — longer prison time allowed.
- (3) The victim was under 12 — life without parole until at least 30 years served (or 15 years if the rapist is 75+).
- (4) The victim was under 12 and the rape involved torture or extreme cruelty — life with no parole ever.
3. If the victim was under 12, certain sentence shortening laws don’t apply. “Life” really means life in prison.
4. Judges cannot give probation or a suspended sentence for this crime. It always comes with real prison time.
Contact us online or call (314) 900-HELP to talk with a Missouri criminal defense lawyer.
