557.035. Hate crimes--provides enhanced penalties for motivational factors in certain crimes--definitions. - Missouri Statutes

Hate crimes--provides enhanced penalties for motivational factors incertain crimes--definitions.

557.035. 1. For all violations of subdivision (1) of subsection 1 ofsection 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 beknowingly motivated because of race, color, religion, national origin, sex,sexual orientation or disability of the victim or victims, the state maycharge the crime or crimes under this section, and the violation is a classC 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) ofsubsection 1 of section 569.090, RSMo; subdivision (1) of subsection 1 ofsection 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 thevictim or victims, the state may charge the crime or crimes under thissection, and the violation is a class D felony.

3. The court shall assess punishment in all of the cases in which thestate pleads and proves any of the motivating factors listed in thissection.

4. For the purposes of this section, the following terms mean:

(1) "Disability", a physical or mental impairment which substantiallylimits one or more of a person's major life activities, being regarded ashaving 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 orexpression, or having a self-image or identity not traditionally associatedwith 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).