Missouri
How Long Is a Life Sentence in Missouri? (2026 Guide)
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · 10 primary sources cited on this page. How we verify our legal content

In Missouri, an adult convicted of first-degree murder faces only two sentences under Mo. Rev. Stat. § 565.020: death, or life imprisonment without eligibility for parole or probation. There is no parole-eligible life option for first-degree murder. The 30-year parole-eligibility figure often associated with a Missouri "life sentence" instead applies to second-degree murder's life-sentence option under Mo. Rev. Stat. §§ 565.021 and 558.019.
This article was last reviewed and updated on March 17, 2026. All statutes, case law, and sentencing data have been verified against current Missouri government sources.
In Missouri, whether a life sentence means the rest of a person's natural life depends on the degree of murder. For first-degree murder, Missouri is exactly like Florida and Alabama: an adult offender's only two sentencing options are death or life without any possibility of release. For second-degree murder, the picture is different — a defendant sentenced to "life imprisonment" for second-degree murder becomes eligible for parole review after roughly 25.5 years (85% of the 30 years that "life" is calculated as, under Mo. Rev. Stat. § 558.019), a minimum that cannot be reduced by good time.
Missouri also imposes life without parole (LWOP) sentences, which carry no parole eligibility whatsoever. For first-degree murder, the sentencing options are death or LWOP only — there is no parole-eligible life option for that offense.
Missouri's criminal justice system has drawn intense national scrutiny in recent years — not for its sentencing structure, but for its aggressive use of the death penalty. The state has carried out 102 executions as of this update, and executed multiple people in 2023 and 2024 under circumstances that sparked widespread controversy.
Missouri Life Sentence Statutes
Missouri's homicide statutes are codified in Chapter 565 of the Missouri Revised Statutes. The key provisions governing murder charges and life sentences are:

First-Degree Murder (Mo. Rev. Stat. § 565.020): A person commits first-degree murder if they knowingly cause the death of another person after deliberation upon the matter. This is the most serious homicide charge in Missouri. For an adult offender, it carries a sentence of death or life imprisonment without eligibility for probation or parole — there is no parole-eligible life option.
Second-Degree Murder (Mo. Rev. Stat. § 565.021): A person commits second-degree murder if they knowingly cause the death of another person, or cause the death of another person while committing or attempting to commit any felony. This statute encompasses Missouri's felony murder rule. Second-degree murder is a Class A felony punishable by 10 to 30 years or life.
Death Penalty Procedures (Mo. Rev. Stat. § 565.032): This statute sets forth the aggravating and mitigating circumstances that govern whether a death sentence may be imposed in a first-degree murder case. It requires the jury to find at least one statutory aggravating circumstance beyond a reasonable doubt.
Voluntary Manslaughter (Mo. Rev. Stat. § 565.023): Causing the death of another person under the influence of sudden passion arising from adequate cause. A Class B felony carrying 5 to 15 years.
Parole Eligibility
Missouri's parole framework for life sentences is more structured than many states but still leaves significant discretion to the parole board.
Life imprisonment (second-degree murder): An inmate sentenced to life for second-degree murder must serve a minimum prison term of roughly 25.5 years (85% of the 30 years "life" is calculated as under Mo. Rev. Stat. § 558.019, since second-degree murder is a statutory "dangerous felony" under § 556.061) before parole review, or until age 70 having served at least 40% of the sentence, whichever comes first. This is a minimum — there is no guarantee of release at that point. Many life-sentenced inmates serve well beyond the minimum before being granted parole, and some are never released. First-degree murder carries no parole-eligible life option at all (see above).
Life without parole (LWOP): No parole eligibility. The only paths to release are executive clemency from the governor or a successful court appeal. LWOP is the mandatory sentence for an adult convicted of first-degree murder whenever the jury does not impose death — it is not conditioned on the court finding aggravating circumstances; aggravating circumstances under Mo. Rev. Stat. § 565.032 determine only whether death (rather than LWOP) may be imposed.
Parole hearings: The Missouri Board of Probation and Parole conducts hearings for eligible inmates. The board considers the nature of the offense, the inmate's institutional conduct, risk assessment, victim impact, and reentry planning.
Good time credits: Missouri does allow certain sentence reductions through good conduct, but these credits have limited applicability to life sentences. The second-degree-murder parole-eligibility minimum described above is a statutory floor that cannot be reduced through good time.
Post-Conviction Relief
Missouri's post-conviction process is governed by Mo. Sup. Ct. Rule 29.15. Defendants have limited windows to file post-conviction motions, and successive petitions face significant procedural barriers.
Felony Murder in Missouri — A Unique Approach
Missouri's treatment of felony murder is unusual and legally significant. While most states classify felony murder as first-degree murder, Missouri classifies it as second-degree murder under Mo. Rev. Stat. § 565.021.
This means that a person who causes a death during the commission of a felony faces a Class A felony — punishable by 10 to 30 years or life — rather than the death penalty or mandatory LWOP that first-degree felony murder carries in most other states.
Broad Application to All Felonies
Missouri's felony murder rule is also notable for its breadth. Many states limit felony murder to a specific list of "enumerated" or "inherently dangerous" felonies — typically offenses like robbery, burglary, kidnapping, arson, and sexual assault.
Missouri takes the opposite approach. The statute applies to deaths caused during the commission of any felony, not just a predefined list. This makes Missouri's felony murder rule one of the broadest in the country.
In practical terms, this means a death that occurs during the commission of a drug offense, a theft, or even a nonviolent felony could support a second-degree murder charge. Defense attorneys in Missouri regularly challenge the application of felony murder to lower-level felonies, arguing that the rule was intended for inherently dangerous conduct.
Why This Matters
The combination of second-degree classification and broad application creates a distinctive dynamic. On one hand, defendants charged with felony murder in Missouri face less severe maximum penalties than their counterparts in states that classify felony murder as first-degree. On the other hand, prosecutors can apply the charge to a wider range of underlying conduct.
The Death Penalty in Missouri
Missouri is one of the most active execution states in the nation. Since resuming executions in 1989, the state has put 102 people to death (as of this update) — placing it among the top five states for total executions in the modern era.
Execution Statistics
Missouri carried out 4 executions in 2023, tying for the third-most of any state that year. The state continued its pace with multiple executions in 2024, including two that became some of the most controversial in modern American history.
The primary method of execution is lethal injection, carried out at the Eastern Reception, Diagnostic and Correctional Center in Bonne Terre.
Aggravating Factors
Under Mo. Rev. Stat. § 565.032, the jury must unanimously find at least one aggravating circumstance to impose a death sentence. Missouri's statutory aggravating factors include:
- The defendant has a substantial history of serious assaultive criminal convictions
- The murder was committed during the commission of another capital offense or felony
- The murder involved the killing of more than one person
- The murder was committed for the purpose of receiving money or other valuable consideration
- The victim was a witness or potential witness in a criminal proceeding
- The murder was outrageously or wantonly vile, horrible, or inhuman
- The victim was a corrections officer, firefighter, or law enforcement officer performing official duties
- The defendant was a prisoner in state custody at the time of the murder
- The murder was committed to conceal or attempt to conceal another felony
Controversial Executions — 2024
The year 2024 brought two Missouri executions that drew extraordinary national and international attention. Both cases raised profound questions about the death penalty system's capacity for error and mercy.
Marcellus Williams — Executed September 24, 2024
Marcellus Williams was executed by lethal injection on September 24, 2024, for the 1998 murder of Lisha Gayle in the St. Louis area. His execution is widely regarded as one of the most controversial in modern American history.
Williams maintained his innocence throughout his 23 years on death row. His case drew intense scrutiny because of significant evidence casting doubt on his guilt:
DNA evidence: Testing conducted after his conviction found that DNA on the murder weapon did not match Williams. The knife handle contained DNA from an unknown individual — not Williams, not the victim, and not anyone connected to the case.
Prosecutorial concerns: In an extraordinary development, the St. Louis County Prosecuting Attorney — the office that originally convicted Williams — filed a motion requesting a new trial. The prosecutor concluded that the original trial was tainted by constitutional violations, including racial discrimination in jury selection and the use of unreliable incentivized testimony from jailhouse informants.
Witness credibility: The two key witnesses who testified against Williams were a jailhouse informant and Williams's former girlfriend, both of whom received benefits for their testimony. No physical evidence directly linked Williams to the crime scene.
Despite these concerns, the Missouri Supreme Court denied Williams's petition, and Governor Mike Parson declined to intervene. The execution proceeded on September 24, 2024, over the objections of the local prosecuting attorney, innocence organizations, and legal scholars nationwide.
The Williams case has become a focal point in the national debate over the death penalty and the adequacy of safeguards against executing innocent people.
Brian Dorsey — Executed April 9, 2024
Brian Dorsey was executed on April 9, 2024, for the 2006 murders of his cousin, Sarah Bonnie, and her husband, Ben Bonnie. Dorsey admitted his guilt and did not dispute the facts of the crime, which he committed during a drug-fueled episode.
What made Dorsey's case extraordinary was the unprecedented breadth of support for clemency:
Jurors who sentenced him: Multiple jurors from Dorsey's trial publicly stated that they would not have voted for death had they fully understood the alternative of life without parole. Some expressed deep regret about their decision.
The trial judge: The judge who presided over Dorsey's case wrote a letter supporting clemency, citing Dorsey's transformation in prison and his exemplary conduct during nearly two decades of incarceration.
Corrections officers and staff: In a virtually unprecedented development, current and former corrections officers and prison staff who supervised Dorsey for 18 years advocated for his life to be spared. They described him as a model prisoner who had undergone genuine rehabilitation and who contributed positively to the prison community.
Inadequate legal representation: Dorsey's defense attorneys at trial failed to present significant mitigating evidence, including his history of substance abuse and mental health issues. The attorneys were later found to have been paid only $12,000 for representing Dorsey in a capital case — a sum that legal experts described as wholly inadequate.
Governor Parson denied clemency, and the execution was carried out. The Dorsey case intensified ongoing debates about clemency standards, the role of rehabilitation in capital punishment, and whether the death penalty system can adequately account for redemption.
Notable Cases
State v. Marcellus Williams (2024)
Covered in detail above. Williams's execution despite prosecutorial opposition and DNA evidence of potential innocence has been cited by death penalty opponents as a paradigmatic example of the system's failures.
State v. Ernest Johnson (2021)
Ernest Johnson was executed on October 5, 2021, for the 1994 murders of three convenience store workers in Columbia, Missouri. Johnson's case drew attention because he had intellectual disabilities — his IQ was measured at approximately 67, and he had lost roughly 20% of his brain tissue due to fetal alcohol syndrome and surgery to remove a brain tumor.
The U.S. Supreme Court ruled in Atkins v. Virginia (2002) that executing intellectually disabled individuals violates the Eighth Amendment, but Missouri courts determined Johnson did not meet the state's definition of intellectual disability. His execution was carried out despite significant opposition from advocacy organizations and public figures, including Pope Francis.
State v. Walter Barton (2020)
Walter Barton was executed on May 19, 2020, for the 1991 murder of Gladys Kuehler. Barton had been tried five times for the same murder — an extraordinary rarity in American criminal law. His first three convictions were overturned on appeal, and his fourth trial ended in a hung jury. He was convicted and sentenced to death at his fifth trial in 2006.
Recent Legislative Changes
| Year | Change |
|---|---|
| 2024 | Marcellus Williams executed despite prosecutorial opposition and DNA evidence |
| 2024 | Brian Dorsey executed despite clemency pleas from jurors, judge, and corrections officers |
| 2023 | 4 executions carried out, tied for 3rd most of any state |
| 2021 | Ernest Johnson executed despite intellectual disability claims |
| 2020 | Walter Barton executed after 5 trials for the same crime |
| 2012 | Miller v. Alabama prohibited mandatory JLWOP nationwide |
| 1989 | Missouri resumed executions after post-Furman hiatus |
| 1977 | New death penalty statute enacted following Gregg v. Georgia (1976) |
Juvenile Life Sentences
Missouri has taken meaningful steps on juvenile sentencing but has not fully eliminated juvenile life without parole (JLWOP).
Under the U.S. Supreme Court's rulings in Miller v. Alabama (2012) and Montgomery v. Louisiana (2016), mandatory LWOP for juveniles is unconstitutional nationwide. Any JLWOP sentence must follow an individualized hearing where the court considers the defendant's youth, maturity, family circumstances, and capacity for rehabilitation.
Missouri law: Juveniles convicted of first-degree murder may be sentenced to life with parole eligibility. Under Mo. Rev. Stat. § 558.047, juveniles sentenced to life must receive a parole hearing after serving 25 years. This statute was enacted in response to the Miller and Montgomery decisions.
Certification as an adult: Missouri allows juveniles as young as 12 years old to be certified to stand trial as adults for certain serious offenses, including first-degree murder. The certification process requires a hearing before the juvenile court, which considers the juvenile's age, mental and physical condition, and the seriousness of the alleged offense.
Missouri courts have conducted resentencing hearings for individuals who received mandatory JLWOP before the Miller decision. However, discretionary JLWOP remains technically available in cases where the court finds the juvenile offender is permanently incorrigible — a determination the Supreme Court has said should be exceedingly rare.
Historical Context
Missouri's history with capital punishment stretches back to its earliest days as a state. The state carried out its first execution in 1810, before Missouri even achieved statehood in 1821.
Pre-Furman era: Missouri used hanging as its primary execution method until 1937, when it switched to the gas chamber at the Missouri State Penitentiary in Jefferson City. The gas chamber was used until 1965, when the last pre-Furman execution took place.
Post-Furman reinstatement: After the U.S. Supreme Court struck down all existing death penalty statutes in Furman v. Georgia (1972), Missouri enacted a new capital punishment statute in 1977 following the Court's approval of guided-discretion statutes in Gregg v. Georgia (1976).
Modern era: Missouri resumed executions in 1989 and quickly became one of the nation's most prolific execution states. The state has executed 102 people since that time (as of this update), primarily by lethal injection. In 2014 alone, Missouri carried out 10 executions — the most of any state that year.
The state's death penalty history has been marked by several high-profile cases raising innocence concerns, culminating in the Marcellus Williams execution in 2024. These cases have fueled ongoing legislative and public debate about capital punishment reform in Missouri.
Missouri Life Sentence at a Glance
| Category | Details |
|---|---|
| Life with parole minimum | No parole option for 1st-degree murder (death or LWOP only); ~25.5 years for 2nd-degree murder's life option |
| LWOP available | Yes (first-degree murder) |
| Death penalty | Yes (very active — 102 executions as of this update) |
| Execution method | Lethal injection |
| Felony murder classification | Second-degree murder (unusual — most states classify as first-degree) |
| Felony murder scope | All felonies (one of the broadest in the country) |
| Key statutes | Mo. Rev. Stat. §§ 565.020, 565.021, 565.032 |
| Executions in 2023 | 4 (tied for 3rd most nationally) |
| JLWOP banned | No (discretionary still allowed after individualized hearing) |
| Juvenile parole eligibility | 25 years (Mo. Rev. Stat. § 558.047) |
| Juvenile adult certification age | 12 years old |
| Parole board | Missouri Board of Probation and Parole |
Related Pages
Frequently Asked Questions
How long is a life sentence in Missouri?
It depends on the degree of murder. An adult convicted of first-degree murder faces only death or life without parole (LWOP) — there is no parole-eligible life sentence for that offense. For second-degree murder, a defendant sentenced to life must serve roughly 25.5 years (85% of the 30 years 'life' is calculated as under Missouri law) before parole review through the Missouri Board of Probation and Parole, and release is not guaranteed even then.
Does Missouri have the death penalty?
Yes. Missouri is one of the most active death penalty states in the nation, having executed 102 people as of this update. The state carried out 4 executions in 2023 (tied for 3rd most nationally) and continued executions in 2024. Lethal injection is the method of execution. Missouri's death penalty has drawn significant controversy, particularly after the 2024 execution of Marcellus Williams despite prosecutorial opposition and DNA evidence of potential innocence.
What is felony murder in Missouri?
Missouri classifies felony murder as second-degree murder under Mo. Rev. Stat. § 565.021 — an unusual approach, as most states classify it as first-degree murder. A death that occurs during the commission of any felony can support a second-degree murder charge. Missouri's rule is also notable for its breadth: it applies to all felonies, not just a predefined list of inherently dangerous ones. Second-degree murder carries 10 to 30 years or life.
Who was Marcellus Williams and why was his execution controversial?
Marcellus Williams was executed on September 24, 2024, for a 1998 murder in the St. Louis area. His case became nationally controversial because DNA on the murder weapon did not match him, the St. Louis County Prosecuting Attorney requested a new trial citing constitutional violations, and the key trial witnesses were an incentivized jailhouse informant and an ex-girlfriend. Despite these concerns, the Missouri Supreme Court and Governor Parson allowed the execution to proceed.
Can a juvenile get life without parole in Missouri?
Mandatory JLWOP is unconstitutional under Miller v. Alabama (2012). Missouri law requires that juveniles sentenced to life receive a parole hearing after 25 years under Mo. Rev. Stat. § 558.047. Discretionary JLWOP remains technically available in rare cases where the court finds the juvenile is permanently incorrigible, but this determination is subject to strict constitutional standards.
Updates
Corrected the page's central claim: Missouri's first-degree-murder statute allows only death or life without parole for an adult offender, not a 30-year parole-eligible life sentence as previously stated; the 30-year figure applies instead to second-degree murder's life option. Also updated the state's execution count from 96 to the current 102 and fixed a dead court-rule citation link.
Independently fact-checked against the cited primary sources
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Revised Statutes of Missouri, Title XXXVIII (CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS), Chapter 558
§ 558.047Persons under eighteen, review of sentence, when, procedure.In force
1. (1) Any person sentenced to a term of imprisonment for life without eligibility for parole before August 28, 2016, who was under eighteen years of age at the time of the commission of the offense or offenses, may submit to the parole board a petition for a review of his or her sentence, regardless of whether the case is final for purposes of appeal, after serving twenty-five years of incarceration on the sentence of life without parole. (2) Any person found guilty of murder in the first degree who was sentenced on or after August 28, 2016, to a term of life imprisonment with eligibility for parole or a term of imprisonment of not less than thirty years and not to exceed forty years, who was under eighteen years of age at the time of the commission of the offense or offenses may submit to the parole board a petition for a review of his or her sentence, regardless of whether the case is final for purposes of appeal, after serving twenty-five years of incarceration, and a subsequent petition after serving thirty-five years of incarceration.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 26 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Willbanks v. Missouri Department of Corrections (Supreme Court of Missouri 2017, 522 S.W.3d 238)“…5 (2d Cir. 1988). The General Assembly recently enacted section 558.047, RSMo 2016, which allows juvenile offenders s…”
- State v. Nathan (Supreme Court of Missouri 2017, 522 S.W.3d 881)“…s assertion that "[t]his Court has held that it will apply [§ 558.047, RSMo. Supp. 2016] to all juvenile offenders…”
- James Dunn v. Missouri Department of Corrections (Missouri Court of Appeals 2022)“…ontgomery decisions, the Missouri General Assembly enacted § 558.047, RSMo 2016, the “Miller fix” statute, which…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Revised Statutes of Missouri, Title XXXVIII (CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS), Chapter 565
§ 565.020First degree murder, penalty — person under eighteen years of age, penalty.In forcecited in 2 of our articles
1. A person commits the offense of murder in the first degree if he or she knowingly causes the death of another person after deliberation upon the matter. 2. The offense of murder in the first degree is a class A felony, and, if a person is eighteen years of age or older at the time of the offense, the punishment shall be either death or imprisonment for life without eligibility for probation or parole, or release except by act of the governor. If a person has not reached his or her eighteenth birthday at the time of the commission of the offense, the punishment shall be as provided under section 565.033.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 532 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Clemmons (Supreme Court of Missouri 1988, 753 S.W.2d 901)“…ate Penitentiary, was convicted of the first degree murder, § 565.020, RSMo 1986, for slaying another *904 inmate…”
- State v. Murray (Supreme Court of Missouri 1988, 744 S.W.2d 762)“…if requested. The difference between first degree murder (§ 565.020, RSMo 1986) and second degree murder (§ 565.0…”
- State v. Barriner (Supreme Court of Missouri 2000, 34 S.W.3d 139)“…and death sentences for two counts of first degree murder, section 565.020, RSMo 1994, for the murders of Irene Sisk and…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Murder Sentencing Guidelines: Min & Max Prison Time by State (2026)
§ 565.021Second degree murder, penalty.In force
1. A person commits the offense of murder in the second degree if he or she: (1) Knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; or (2) Commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony. 2. The offense of murder in the second degree is a class A felony, and the punishment for second degree murder shall be in addition to the punishment for commission of a related felony or attempted felony, other than murder or manslaughter.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 361 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State of Missouri v. Daniel D. Hartman (Supreme Court of Missouri 2016)“…fter, “Hartman”) was found guilty of second-degree murder, section 565.021, RSMo 2000, 1 armed criminal action, section…”
- State v. Kehner (Missouri Court of Appeals 1989, 776 S.W.2d 396)“…RSMo 1986. A jury convicted Kehner of second degree murder, § 565.021 RSMo 1986, and armed criminal action. The co…”
- Mannon v. State (Missouri Court of Appeals 1990, 788 S.W.2d 315)“…ther the provisions of Laws of Mo.1983, p. 927, codified as § 565.021, RSMo Supp.1983, operated to meliorate the pe…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 565.023Voluntary manslaughter, penalty — under influence of sudden passion, defendant's burden to inject.In force
1. A person commits the offense of voluntary manslaughter if he or she: (1) Causes the death of another person under circumstances that would constitute murder in the second degree under subdivision (1) of subsection 1 of section 565.021, except that he or she caused the death under the influence of sudden passion arising from adequate cause; or (2) Knowingly assists another in the commission of self-murder. 2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section. 3. The offense of voluntary manslaughter is a class B felony.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 47 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- State v. McKinzie (Missouri Court of Appeals 1987, 736 S.W.2d 567)“…from adequate cause.” Appellant bases this contention on § 565.023, RSMo Cum.Supp.1984, which, like § 565.021, R…”
- State v. Fears (Supreme Court of Missouri 1991, 803 S.W.2d 605)“…Mo 1986, was convicted by a jury of voluntary manslaughter, § 565.023, RSMo 1986. The jury assessed punishment at i…”
- State v. Albanese (Missouri Court of Appeals 1996, 920 S.W.2d 917)“…lbanese appeals his convictions for voluntary manslaughter, § 565.023, RSMo 1994, and armed criminal action, § 571.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 565.032Evidence to be considered in assessing punishment in first degree murder cases for which death penalty authorized.In force
1. In all cases of murder in the first degree for which the death penalty is authorized, the judge in a jury-waived trial shall consider, or shall include in his or her instructions to the jury for it to consider: (1) Whether a statutory aggravating circumstance or circumstances enumerated in subsection 2 of this section is established by the evidence beyond a reasonable doubt; and (2) If a statutory aggravating circumstance or circumstances is proven beyond a reasonable doubt, whether the evidence as a whole justifies a sentence of death or a sentence of life imprisonment without eligibility for probation, parole, or release except by act of the governor.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 61 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- State v. Storey (Supreme Court of Missouri 1995, 901 S.W.2d 886)“…p have no bearing on the jury's sentencing decision. See § RSMo 565.032 1986. Moreover, this form of argumen…”
- State v. O'NEAL (Supreme Court of Missouri 1986, 718 S.W.2d 498)“…rwise indicated. [4] Repealed October 1, 1984, currently § 565.032, RSMo Cum.Supp.1984. [5] Schlup was convic…”
- State v. Feltrop (Supreme Court of Missouri 1991, 803 S.W.2d 1)“…s explicitly reported its failure to agree on the sentence. § 565.032, RSMo 1986. Unless the jury is properly instr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Mo. Rev. Stat. § 565.020(revisor.mo.gov).gov
- Mo. Rev. Stat. § 565.021(revisor.mo.gov).gov
- Mo. Rev. Stat. § 565.032(revisor.mo.gov).gov
- Mo. Rev. Stat. § 565.023(revisor.mo.gov).gov
- Missouri Board of Probation and Parole(doc.mo.gov).gov
- Mo. Sup. Ct. Rule 29.15(courts.mo.gov).gov
- Missouri Supreme Court denied Williams's petition(courts.mo.gov).gov
- *Miller v. Alabama*(law.cornell.edu).gov
- *Montgomery v. Louisiana*(law.cornell.edu).gov
- Mo. Rev. Stat. § 558.047(revisor.mo.gov).gov