“Special Victim” Term in Missouri Criminal Code

The term “Special Victim” in the Missouri Criminal Code:

As discussed in recent blog posts, Missouri has revamped its criminal code. Some of the main crimes that were amended were assault, leaving the scene, drug possession, stealing, and DWI. One of the main additions is the development of the term “special victim,” which is defined in Missouri statute 565.001 as follows:

1. A law enforcement officer assaulted in the performance of his or her official duties or as a direct result of such official duties;
2. Emergency personnel, any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician, assaulted in the performance of his or her official duties or as a direct result of such official duties;
3. A probation and parole officer assaulted in the performance of his or her official duties or as a direct result of such official duties;
4. An elderly person;
5. A person with a disability;
6. A vulnerable person;
7. Any jailer or corrections officer of the state or one of its political subdivisions assaulted in the performance of his or her official duties or as a direct result of such official duties;
8. A highway worker in a construction or work zone as the terms “highway worker”, “construction zone”, and “work zone” are defined under section 304.580;
9. Any utility worker, meaning any employee of a utility that provides gas, heat, electricity, water, steam, telecommunications services, or sewer services, whether privately, municipally, or cooperatively owned, while in the performance of his or her job duties, including any person employed under a contract;
10. Any cable worker
11. Any employee of a mass transit system, including any employee of public bus or light rail companies, while in the performance of his or her job duties.

What happens if there is a “Special Victim?”

Generally, the presence of a special victim within a specific set of facts the lead to criminal charges will result in an elevated degree of charges. This may lead to higher level of punishment. One example is the clause in fourth degree assault where a person purposely places another person in apprehension of immediate physical injury. Violation of this section is typically a class C misdemeanor. However, if the person placed in apprehension of immediate physical injury is classified as a “special victim,” the violation can be elevated to a class A misdemeanor.

It is important to know what you are specifically charged with. Whenever there are new definitions brought forward in a criminal code, there are often appellate court challenges to determine the legality and actual intent of the legislature. If you have been charged with a crime that alleges the involvement of a “special victim,” be sure to contact a lawyer immediately to discuss your rights. H|W attorneys are available 24/7 and offer free consultations.