556.041. Limitation on conviction for multiple offenses. - Missouri Statutes

Limitation on conviction for multiple offenses.

556.041. When the same conduct of a person may establish thecommission of more than one offense he may be prosecuted for eachsuch offense. He may not, however, be convicted of more than oneoffense if

(1) One offense is included in the other, as defined insection 556.046; or

(2) Inconsistent findings of fact are required to establishthe commission of the offenses; or

(3) The offenses differ only in that one is defined toprohibit a designated kind of conduct generally and the other toprohibit a specific instance of such conduct; or

(4) The offense is defined as a continuing course of conductand the person's course of conduct was uninterrupted, unless thelaw provides that specific periods of such conduct constituteseparate offenses.

(L. 1977 S.B. 60)

Effective 1-1-79

(1981) Kidnapping and rape were separate offenses and defendant thus was not punished twice for same offense because confinement and movement of victim were not incidental to commission of rape but increased risk of harm and danger to victim. State v. Stewart (A.), 615 S.W.2d 600.

(1997) Conviction for both rape and child abuse did not subject defendant to double jeopardy. Bass v. State, 950 S.W.2d 940 (Mo.App.W.D.).