Section 565.140

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

Effective - 01 Jan 1979, 2 histories, see footnote   (history) 

  *565.140.  Until December 31, 2016 — Defenses to false imprisonment. — 1.  A person does not commit false imprisonment under section 565.130 if the person restrained is a child under the age of seventeen and

  (1)  A parent, guardian or other person responsible for the general supervision of the child's welfare has consented to the restraint; or

  (2)  The actor is a relative of the child; and

  (a)  The actor's sole purpose is to assume control of the child; and

  (b)  The child is not taken out of the state of Missouri.

  2.  For the purpose of this section, "relative" means a parent or stepparent, ancestor, sibling, uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.

  3.  The defendant shall have the burden of injecting the issue of a defense under this section.

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(L. 1977 S.B. 60)

Effective 1-01-79

*This section was amended by S.B. 491, 2014, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.