Missouri Criminal Law for Criminal Conspiracy and Racketeering

Missouri Criminal Law for Criminal Conspiracy and Racketeering

In Missouri, criminal conspiracy and racketeering are serious offenses that can lead to severe penalties. Understanding the nuances of these laws is essential for anyone involved in or studying criminal justice in the state.

Criminal Conspiracy in Missouri

Under Missouri Revised Statutes § 564.016, a person can be charged with criminal conspiracy if they agree with one or more individuals to commit a crime and take a substantial step toward committing that crime. This agreement can be explicit or implied and does not require a formal contract.

To be convicted of conspiracy, the prosecution must prove that:

  • There was an agreement between two or more people.
  • Each party had the intention to commit an unlawful act.
  • At least one of the parties took a significant step toward carrying out the conspiracy.

This law applies regardless of whether the underlying crime was successfully committed. Even if the intended crime fails, the individuals involved may still face criminal conspiracy charges.

The penalties for criminal conspiracy can vary based on the severity of the underlying crime. If the underlying crime is a felony, those involved in the conspiracy may face similar felony charges—potentially leading to years of imprisonment and hefty fines.

Racketeering in Missouri

Racketeering is tackled under the Missouri Racketeer Influenced and Corrupt Organizations (RICO) Act, which is outlined in § 577.120. This law is designed to combat organized crime and prevent illegal activities carried out as part of an ongoing criminal enterprise.

In order to be charged with racketeering, the prosecution must demonstrate that:

  • The individual engaged in a pattern of illegal activity.
  • This illegal activity was conducted as part of an ongoing organization or enterprise.
  • The individual benefited from or was otherwise involved in this enterprise.

The types of activities that can fall under racketeering include but are not limited to bribery, extortion, drug trafficking, and fraud. The law is broad, encompassing various conventional crimes when they are part of a larger criminal scheme.

The penalties for racketeering in Missouri can be extreme, often resulting in long prison sentences and significant financial penalties. Depending on the severity and nature of the illegal activities involved, individuals convicted of racketeering may face up to 15 years in prison and substantial fines.

Defenses Against Criminal Conspiracy and Racketeering Charges

Legal defenses against conspiracy and racketeering charges can often include:

  • Lack of Agreement: Showing that there was no agreement or meeting of the minds among the alleged conspirators.
  • Withdrawal: Demonstrating that a defendant withdrew from the conspiracy before any overt acts were committed.
  • Insufficient Evidence: Arguing that the prosecution has failed to provide enough evidence to meet the burden of proof.

In terms of racketeering, defenses might involve challenging the existence of a criminal enterprise or denying participation in the alleged illegal activities.

Conclusion

In summary, Missouri's laws concerning criminal conspiracy and racketeering serve to maintain public safety and justice. Anyone facing these charges should seek knowledgeable legal representation to navigate the complex nature of these offenses and advocate for their rights. Understanding the legal framework and potential consequences is vital for defendants and legal professionals alike.