304.145. Stunt driving prohibited — definitions — violations, penalties — probation and parole restrictions.
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/mo/chapter-304/304-145A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
304.145. Stunt driving prohibited — definitions — violations, penalties — probation and parole restrictions. — 1. As used in this section, the following terms mean:
(1)"Aggravated offender" , a person who has been found guilty of:
(a)Three or more violations of this section committed on separate occasions; or
(b)Two or more violations of this section committed on separate occasions where at least one of the violations the defendant was operating a vehicle and another person was injured or killed;
(2)"Burnout" , a maneuver performed while operating a motor vehicle whereby the wheels of the motor vehicle are spun, resulting in friction causing the motor vehicle's tires to heat up and emit smoke;
(3)"Chronic offender" , a person who has been found guilty of:
(a)Four or more violations of this section committed on separate occasions; or
(b)Three or more violations of this section committed on separate occasions where at least one of the violations the defendant was operating a vehicle and another person was injured or killed; or
(c)Two or more violations of this section committed on separate occasions where both of the violations the defendant was operating a vehicle and another person was injured or killed;
(4)"Donut" , a motor vehicle maneuver in which the front or rear of the motor vehicle is rotated around the opposite set of wheels in a motion that may cause a curved skid-mark pattern of rubber on the driving surface, or the tires to heat up and emit smoke, or both;
(5)"Drag race" , the operation of two or more motor vehicles from a point side by side in a competitive attempt to outgain or outdistance each other, or the operation of one or more motor vehicles over a common selected course, for the purpose of comparing the relative speeds, power, or acceleration of such motor vehicles within a certain distance or time limit;
(6)"Drifting" , a motor vehicle maneuver in which the motor vehicle is steered so that it makes a controlled skid sideways through a turn with the front wheels oriented in a direction opposite the turn;
(7)"Habitual offender" , a person who has been found guilty of:
(a)Five or more violations of this section committed on separate occasions;
(b)Four or more violations of this section committed on separate occasions where at least one of the violations the defendant was operating a vehicle and another person was injured or killed; or
(c)Three or more violations of this section committed on separate occasions where at least two of the violations the defendant was operating a vehicle and another person was injured or killed;
(8)"Highway" , any public thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways, or alleys in any municipality;
(9)"Persistent offender" , a person who has been found guilty of:
(a)Two or more violations of this section committed on separate occasions; or
(b)One violation of this section where the defendant was operating a vehicle and another person was injured or killed;
(10)"Prior offender" , a person who has been found guilty of a violation of this section where such prior offense occurred within five years of the violation for which the person is charged;
(11)"Race" , the operation of one or more motor vehicles arising from a challenge to demonstrate superiority of a motor vehicle or driver, and the acceptance of or competitive response to that challenge, either through a prior arrangement or in immediate response, in which the competitor attempts to outgain or outdistance another motor vehicle, to prevent another motor vehicle from passing, to arrive at a given destination ahead of another motor vehicle, to test the physical stamina or endurance of drivers, to exhibit speed or acceleration, or to set a speed or acceleration record;
(12)"Street takeover" , the act of disrupting the regular flow of traffic for the purpose of performing, facilitating, or spectating stunt driving;
(13)"Stunt driving" , to operate a motor vehicle performing a race, a drag race, a burnout, a donut, a wheelie, or drifting;
(14)"Wheelie" , a motor vehicle maneuver whereby a vehicle is ridden for a distance with the front or rear wheel or wheels raised off the ground.
2. Except as otherwise permitted by law, no person shall:
(1)Perform stunt driving in connection with a street takeover; or
(2)Perform or participate in a street takeover.
3. Violation of this section shall be a class B misdemeanor for a first offense, a class A misdemeanor for a second offense, and a class E felony for a third or subsequent offense.
4. No defendant alleged and proven to be a prior offender, persistent offender, aggravated offender, chronic offender, or habitual offender shall be granted a suspended imposition of sentence or be sentenced to pay a fine in lieu of imprisonment.
5. No defendant alleged and proven to be a prior offender shall be granted probation or parole until he or she has served a minimum of ten days of imprisonment, unless as a condition of such probation or parole the person performs at least thirty days of community service under the supervision of the court in a jurisdiction that has a recognized program for community service.
6. No defendant alleged and proven to be an aggravated offender shall be eligible for probation or parole until he or she has served a minimum of thirty days of imprisonment.
7. No defendant alleged and proven to be a chronic or habitual offender shall be eligible for probation or parole until he or she has served a minimum of one year of imprisonment.
8. Prior pleas of guilty and prior findings of guilty shall be pleaded and proven in the same manner as required by section 558.021 .
9. This section shall not apply to events sanctioned by a political subdivision or private entity with responsibility for maintenance and control of the portion of highway or private property on which the motor vehicle operation occurs.
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(L. 2025 H.B. 495)
Severability clause, see § 1.1001