Missouri Laws 491.078 – Juvenile court adjudication, use to affect credibility — sexual offense ..
1. Notwithstanding any other provision of law to the contrary, a juvenile court adjudication for any of the following acts may be used to affect the credibility of a witness or a defendant in a criminal case, if such acts occurred within three years of the date of any sworn testimony by the witness or defendant:
(1) An act that would have been a class A or class B felony if committed by an adult;
Attorney's Note
Under the Missouri Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | between 5 and 15 years | |
| Class D felony | up to 7 years | up to $10,000 |
Terms Used In Missouri Laws 491.078
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) An act that would have been a class C or class D felony if committed by an adult, if the juvenile court record contains at least one other adjudication for any act that would have been a felony if committed by an adult.
2. In any case in which a defendant is charged with a sexual offense under the provisions of chapter 566, a juvenile court adjudication of the defendant may be used to question the credibility of the defendant if such adjudication is for an act which would have been a violation of chapter 566 if the act had been committed by an adult and if such juvenile court adjudication occurred within three years of the commission of the pending offense. If the defendant’s juvenile court records contain more than one adjudication for acts which would have been violations of chapter 566 if committed by an adult, such multiple adjudications shall be admissible for impeachment regardless of when they occurred.