195.130. Places used for illegal sale and use--nuisances, suits to enjoin, procedure--public nuisance, criminal penalty, property subject to forfeiture. - Missouri Statutes

Places used for illegal sale and use--nuisances, suits to enjoin,procedure--public nuisance, criminal penalty, property subject toforfeiture.

195.130. 1. Any room, building, structure or inhabitablestructure as defined in section 569.010, RSMo, which is used forthe illegal use, keeping or selling of controlled substances is a"public nuisance". No person shall keep or maintain such apublic nuisance.

2. The attorney general, circuit attorney or prosecutingattorney may, in addition to any criminal prosecutions, prosecutea suit in equity to enjoin the public nuisance. If the courtfinds that the owner of the room, building, structure orinhabitable structure knew that the premises were being used forthe illegal use, keeping or selling of controlled substances, thecourt may order that the premises shall not be occupied or usedfor such period as the court may determine, not to exceed oneyear.

3. All persons, including owners, lessees, officers, agents,inmates or employees, aiding or facilitating such a nuisance maybe made defendants in any suit to enjoin the nuisance.

4. It is unlawful for a person to keep or maintain such apublic nuisance. In addition to any other criminal prosecutions,the prosecuting attorney or circuit attorney may by informationor indictment charge the owner or the occupant, or both the ownerand the occupant of the room, building, structure, or inhabitablestructure with the crime of keeping or maintaining a publicnuisance. Keeping or maintaining a public nuisance is a class Cfelony.

5. Upon the conviction of the owner pursuant to subsection 4of this section, the room, building, structure, or inhabitablestructure is subject to the provisions of sections 513.600 to513.645, RSMo.

(RSMo 1939 § 9844, A.L. 1971 H.B. 69, A.L. 1985 H.B. 488, A.L. 1989 H.B. 479)

Revisor's note: S.B. 215 & 58, enacted by the 1st Regular Session of the 85th G.A. 1989, repealed section 195.130 effective 6-19-89. H.B. 479 repealed and reenacted section 195.130 the same session, effective 8-28-89.