In this Chapter, unless the context requires a different definition,
the following shall apply:
A person is in confinement when such person is held in a place
of confinement pursuant to arrest or order of a court and remains
in confinement until:
A court orders the person's release; or
The person is released on bail, bond or recognizance, personal
or otherwise; or
A public servant having the legal power and duty to confine
the person authorizes his/her release without guard and without condition
that the person return to confinement.
A person is not in confinement if:
The person is on probation or parole, temporary or otherwise;
or
The person is under sentence to serve a term of confinement
which is not continuous, or is serving a sentence under a work-release
program, and in either such case is not being held in a place of confinement
or is not being held under guard by a person having the legal power
and duty to transport the person to or from a place of confinement.
Consent or lack of consent may be expressed or implied. Assent
does not constitute consent if:
It is given by a person who lacks the mental capacity to authorize
the conduct charged to constitute the offense and such mental incapacity
is manifest or known to the actor;
It is given by a person who by reason of youth, mental disease
or defect, or intoxication is manifestly unable or known by the actor
to be unable to make a reasonable judgment as to the nature or harmfulness
of the conduct charged to constitute the offense; or
It is induced by force, duress or deception.
A drug, substance, or immediate precursor in Schedules I
through V as defined in Chapter 195, RSMo.
A pattern of conduct composed of a series of acts over a
period of time, however short, evidencing continuity of purpose. Constitutionally
protected activity is not included within the meaning of course of
conduct. Such constitutionally protected activity includes picketing
or other organized protests.
Failure to be aware of a substantial and unjustifiable risk
that circumstances exist or a result will follow, and such failure
constitutes a gross deviation from the standard of care which a reasonable
person would exercise in the situation.
A person is in custody when he or she has been arrested but
has not been delivered to a place of confinement.
Any instrument, article or substance which, under the circumstances
in which it is used, is readily capable of causing death or other
serious physical injury.
Any firearm, loaded or unloaded, or any weapon from which
a shot, readily capable of producing death or serious physical injury,
may be discharged or a switchblade knife, dagger, billy club, blackjack
or metal knuckles.
The actual, constructive, or attempted transfer from one
person to another of drug paraphernalia or of a controlled substance,
or an imitation controlled substance, whether or not there is an agency
relationship, and includes a sale.
A mental, physical, or developmental impairment that substantially
limits one or more major life activities or the ability to provide
adequately for one's care or protection, whether the impairment
is congenital or acquired by accident, injury or disease, where such
impairment is verified by medical findings.
To engage in a course of conduct directed at a specific person
that serves no legitimate purpose and that would cause a reasonable
person under the circumstances to be frightened, intimidated, or emotionally
distressed.
A household or family member as the term "family" or "household
member" is defined in Section 455.010, RSMo., including any child
who is a member of the household or family.
All equipment, products, substances and materials of any kind
which are used, intended for use, or designed for use, in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, storing, containing,
concealing, injecting, ingesting, inhaling, or otherwise introducing
into the human body a controlled substance or an imitation controlled
substance in violation of Chapter 195 or Chapter 579, RSMo. It includes,
but is not limited to:
Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived;
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances or imitation controlled substances;
Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a controlled
substance or an imitation controlled substance;
Testing equipment used, intended for use, or designed for use
in identifying, or in analyzing the strength, effectiveness or purity
of controlled substances or imitation controlled substances;
Scales and balances used, intended for use, or designed for
use in weighing or measuring controlled substances or imitation controlled
substances;
Dilutents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use, or designed
for use in cutting controlled substances or imitation controlled substances;
Separation gins and sifters used, intended for use, or designed
for use in removing twigs and seeds from, or in otherwise cleaning
or refining, marijuana;
Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use in compounding controlled substances
or imitation controlled substances;
Capsules, balloons, envelopes and other containers used, intended
for use, or designed for use in packaging small quantities of controlled
substances or imitation controlled substances;
Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances or imitation
controlled substances;
Hypodermic syringes, needles and other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances or imitation controlled substances into the human body;
Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing marijuana, cocaine, hashish, or
hashish oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
Roach clips, meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand;
Miniature cocaine spoons and cocaine vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers;
Substances used, intended for use, or designed for use in the
manufacture of a controlled substance;
In determining whether an object, product, substance or material
is drug paraphernalia, a court or other authority should consider,
in addition to all other logically relevant factors, the following:
Statements by an owner or by anyone in control of the object
concerning its use;
Prior convictions, if any, of an owner, or of anyone in control
of the object, under any State or Federal law relating to any controlled
substance or imitation controlled substance;
The proximity of the object, in time and space, to a direct
violation of this Chapter, Chapter 195 or Chapter 579, RSMo.;
The proximity of the object to controlled substances or imitation
controlled substances;
The existence of any residue of controlled substances or imitation
controlled substances on the object;
Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons who
he or she knows, or should reasonably know, intend to use the object
to facilitate a violation of this Chapter, Chapter 195 or Chapter
579, RSMo.; the innocence of an owner, or of anyone in control of
the object, as to direct violation of this Chapter, Chapter 195 or
Chapter 579, RSMo., shall not prevent a finding that the object is
intended for use, or designed for use, as drug paraphernalia;
Instructions, oral or written, provided with the object concerning
its use;
Descriptive materials accompanying the object which explain
or depict its use;
National or local advertising concerning its use;
The manner in which the object is displayed for sale;
Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products;
Direct or circumstantial evidence of the ratio of sales of the
object to the total sales of the business enterprise;
The existence and scope of legitimate uses for the object in
the community;
Expert testimony concerning its use;
The quantity, form or packaging of the product, substance or
material in relation to the quantity, form or packaging associated
with any legitimate use for the product, substance or material.
Any instrument, equipment, machine, or other device that
facilitates telecommunication, including, but not limited to, a computer,
computer network, computer chip, computer circuit, scanner, telephone,
cellular telephone, pager, personal communications device, transponder,
receiver, radio, modem, or device that enables the use of a modem.
Something markedly greater than the level of uneasiness,
nervousness, unhappiness, or the like which are commonly experienced
in day-to-day living.
Any offense under State or Federal law that is punishable
by death or imprisonment for a term exceeding one year.
A substance that is not a controlled substance, which by
dosage unit appearance (including color, shape, size and markings),
or by representations made, would lead a reasonable person to believe
that the substance is a controlled substance. In determining whether
the substance is an imitation controlled substance, the court or authority
concerned should consider, in addition to all other logically relevant
factors, the following:
Whether the substance was approved by the Federal Food and Drug
Administration for over-the-counter (nonprescription or nonlegend)
sales and was sold in the Federal Food and Drug Administration-approved
package, with the Federal Food and Drug Administration approved labeling
information;
Statements made by an owner or by anyone else in control of
the substance concerning the nature of the substance, or its use or
effect;
Whether the substance is packaged in a manner normally used
for illicit controlled substances;
Prior convictions, if any, of an owner, or anyone in control
of the object, under state or Federal law related to controlled substances
or fraud;
The proximity of the substances to controlled substances;
Whether the consideration tendered in exchange for the noncontrolled
substance substantially exceeds the reasonable value of the substance
considering the actual chemical composition of the substance and,
where applicable, the price at which over-the-counter substances of
like chemical composition sell. An imitation controlled substance
does not include a placebo or registered investigational drug either
of which was manufactured, distributed, possessed or delivered in
the ordinary course of professional practice or research.
A substance which:
The State Department of Health and Senior Services has found
to be and by rule designates as being the principal compound commonly
used or produced primarily for use in the manufacture of a controlled
substance;
Is an immediate chemical intermediary used or likely to be used
in the manufacture of a controlled substance; and
The control of which is necessary to prevent, curtail or limit
the manufacture of the controlled substance.
A violation defined by Chapter 556, RSMo., or by any other
statute of the State of Missouri if it is so designated or if no sentence
other than a fine, or fine and forfeiture or other civil penalty,
is authorized upon conviction.
When used with respect to:
Any public servant having both the power and duty to make
arrests for violations of the laws of this State, and Federal Law
Enforcement Officers authorized to carry firearms and to make arrests
for violations of the laws of the United States.
The production, preparation, propagation, compounding or
processing of drug paraphernalia or of a controlled substance, or
an imitation controlled substance, either directly or by extraction
from substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis,
and includes any packaging or repackaging of the substance or labeling
or relabeling of its container. This term does not include the preparation
or compounding of a controlled substance or an imitation controlled
substance or the preparation, compounding, packaging or labeling of
a narcotic or dangerous drug:
By a practitioner as an incident to his or her administering
or dispensing of a controlled substance or an imitation controlled
substance in the course of his or her professional practice; or
By a practitioner or his or her authorized agent under his or
her supervision, for the purpose of, or as an incident to, research,
teaching or chemical analysis and not for sale.
Any drug containing ephedrine, pseudoephedrine, phenylpropanolamine,
or any of their salts, optical isomers, or salts of optical isomers.
An offense so designated or an offense for which persons
found guilty thereof may be sentenced to imprisonment for a term of
which the maximum is one year or less.
Property that any entity, including but not limited to any
natural person, corporation, limited liability company, partnership,
association, governmental subdivision or instrumentality, other than
the actor, has a possessory or proprietary interest therein, except
that property shall not be deemed property of another who has only
a security interest therein, even if legal title is in the creditor
pursuant to a conditional sales contract or other security arrangement.
Any felony or misdemeanor.
An individual, corporation, government or governmental subdivision
or agency, business trust, estate, trust, partnership, joint venture,
association, or any other legal or commercial entity.
Slight impairment of any function of the body or temporary
loss of use of any part of the body.
Any building or facility and the grounds thereof wherein
a court is legally authorized to order that a person charged with
or convicted of a crime be held.
Having actual or constructive possession of an object with
knowledge of its presence. A person has actual possession if he/she
has the object on his/her person or within easy reach and convenient
control. A person has constructive possession if he/she has the power
and the intention at a given time to exercise dominion or control
over the object either directly or through another person or persons.
Possession may also be sole or joint. If one (1) person alone has
possession of an object, possession is sole. If two (2) or more persons
share possession of an object, possession is joint.
A person, with the knowledge of the presence and nature of
a substance, has actual or constructive possession of the substance.
A person has actual possession if he has the substance on his person
or within easy reach and convenient control. A person who, although
not in actual possession, has the power and the intention at a given
time to exercise dominion or control over the substance either directly
or through another person or persons is in constructive possession
of it. Possession may also be sole or joint. If one (1) person alone
has possession of a substance, possession is sole. If two (2) or more
persons share possession of a substance, possession is joint.
Anything of value, whether real or personal, tangible or
intangible, in possession or in action.
Any person employed in any way by a government of this State
who is compensated by the government by reason of his/her employment,
any person appointed to a position with any government of this State,
or any person elected to a position with any government of this State.
It includes, but is not limited to, legislators, jurors, members of
the judiciary and Law Enforcement Officers. It does not include witnesses.
When used with respect to a person's conduct or to a
result thereof, means when it is his or her conscious object to engage
in that conduct or to cause that result.
Consciously disregarding a substantial and unjustifiable
risk that circumstances exist or that a result will follow, and such
disregard constitutes a gross deviation from the standard of care
which a reasonable person would exercise in the situation.
Includes barter, exchange, or gift, or offer therefor, and
each such transaction made by any person, whether as principal, proprietor,
agent, servant or employee.
Physical injury that creates a substantial risk of death
or that causes serious disfigurement or protracted loss or impairment
of the function of any part of the body.
Any person in the custody, care, or control of the Department
of Mental Health who is receiving services from an operated, funded,
licensed, or certified program.
