579.170. Prior and persistent drug offenders, definitions, sentencing.
People with past drug felonies face tougher penalties if convicted again.
This law explains how people with one or more past drug felony convictions are classified and how their punishment increases if they are convicted of new drug crimes.
1. Definitions:
- (1) A persistent drug offender is someone found guilty of two or more drug-related felonies under Missouri, U.S., or other state or territory laws.
- (2) A prior drug offender is someone found guilty of one drug-related felony under Missouri, U.S., or other state or territory laws.
2. Prior guilty findings must be formally stated and proven in court as required by section 558.021.
3. In cases involving prior or persistent drug offenders, the jury won’t be told the range of punishment and won’t decide the sentence — the judge will.
4. If someone is a prior drug offender and is found guilty of a class C, D, or E felony under this chapter, the court must sentence them as if it were one class higher.
5. If someone is a persistent drug offender and is found guilty of a class C, D, or E felony, the court must sentence them as if it were two classes higher. If convicted of a class B felony, they must be sentenced as if it were a class A felony.
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