August 28, 2003
Hate crimes--provides enhanced penalties
for motivational factors in certain crimes--definitions.
557.035. 1. For all violations of subdivision
(1) of subsection 1 of section 569.100,
RSMo, or subdivision (1), (2), (3), (4),
(6), (7) or (8) of subsection 1 of section
571.030, RSMo, which the state believes
to be knowingly motivated because of race,
color, religion, national origin, sex,
sexual orientation or disability of the
victim or victims, the state may charge
the crime or crimes under this section,
and the violation is a class C felony.
2. For all violations of section 565.070,
RSMo; subdivisions (1), (3) and (4) of
subsection 1 of section 565.090, RSMo;
subdivision (1) of subsection 1 of section
569.090, RSMo; subdivision (1) of subsection
1 of section 569.120, RSMo; section 569.140,
RSMo; or section 574.050, RSMo; which
the state believes to be knowingly motivated
because of race, color, religion, national
origin, sex, sexual orientation
or disability of the victim or victims,
the state may charge the crime or crimes
under this section, and the violation
is a class D felony.
3. The court shall assess punishment in
all of the cases in which the state pleads
and proves any of the motivating factors
listed in this section.
4. For the purposes of this section, the
following terms mean:
(1) "Disability", a physical
or mental impairment which substantially
limits one or more of a person's major
life activities, being regarded as having
such an impairment, or a record of having
such an impairment; and
(2) "Sexual orientation",
male or female heterosexuality, homosexuality
or bisexuality by inclination, practice,
identity or expression, or having a
self-image or identity not traditionally
associated with one's gender.
(L. 1999 S.B. 328, et al.)
(2001) Presence of motivating factors,
rather than "state's belief"
in such presence, is additional element
of the crime, and thus section is not
void for vagueness. State v. Callen, 45
S.W.3d 888 (Mo.banc).