| 195.130 |
NARCOTIC NEWS
Drug Law in Missouri 195.130
Drug Law in Missouri 195.130
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Places used for illegal sale and use--nuisances, suits to enjoin,
procedure--public nuisance, criminal penalty, property subject to forfeiture.
procedure--public nuisance, criminal penalty, property subject to forfeiture.
1. Any room, building, structure or inhabitable structure as defined in section
569.010, RSMo, which is used for the illegal use, keeping or selling of
controlled substances is a "public nuisance". No person shall keep or maintain
such a public nuisance.
2. The attorney general, circuit attorney or prosecuting attorney may, in addition
to any criminal prosecutions, prosecute a suit in equity to enjoin the public
nuisance. If the court finds that the owner of the room, building, structure or
inhabitable structure knew that the premises were being used for the illegal
use, keeping or selling of controlled substances, the court may order that the
premises shall not be occupied or used for such period as the court may
determine, not to exceed one year.
3. All persons, including owners, lessees, officers, agents, inmates or
employees, aiding or facilitating such a nuisance may be made defendants in
any suit to enjoin the nuisance.
4. It is unlawful for a person to keep or maintain such a public nuisance. In
addition to any other criminal prosecutions, the prosecuting attorney or circuit
attorney may by information or indictment charge the owner or the occupant, or
both the owner and the occupant of the room, building, structure, or inhabitable
structure with the crime of keeping or maintaining a public nuisance. Keeping
or maintaining a public nuisance is a class C felony.
5. Upon the conviction of the owner pursuant to subsection 4 of this section, the
room, building, structure, or inhabitable structure is subject to the provisions of
sections 513.600 to 513.645, RSMo.
(RSMo 1939 § 9844, A.L. 1971 H.B. 69, A.L. 1985 H.B. 488, A.L. 1989 H.B. 479)
Revisor's note: S.B. 215 & 58, enacted by the 1st Regular Session of the 85th
G.A. 1989, repealed section 195.130 effective 6-19-89. H.B. 479 repealed and
reenacted section 195.130 the same session, effective 8-28-89.
569.010, RSMo, which is used for the illegal use, keeping or selling of
controlled substances is a "public nuisance". No person shall keep or maintain
such a public nuisance.
2. The attorney general, circuit attorney or prosecuting attorney may, in addition
to any criminal prosecutions, prosecute a suit in equity to enjoin the public
nuisance. If the court finds that the owner of the room, building, structure or
inhabitable structure knew that the premises were being used for the illegal
use, keeping or selling of controlled substances, the court may order that the
premises shall not be occupied or used for such period as the court may
determine, not to exceed one year.
3. All persons, including owners, lessees, officers, agents, inmates or
employees, aiding or facilitating such a nuisance may be made defendants in
any suit to enjoin the nuisance.
4. It is unlawful for a person to keep or maintain such a public nuisance. In
addition to any other criminal prosecutions, the prosecuting attorney or circuit
attorney may by information or indictment charge the owner or the occupant, or
both the owner and the occupant of the room, building, structure, or inhabitable
structure with the crime of keeping or maintaining a public nuisance. Keeping
or maintaining a public nuisance is a class C felony.
5. Upon the conviction of the owner pursuant to subsection 4 of this section, the
room, building, structure, or inhabitable structure is subject to the provisions of
sections 513.600 to 513.645, RSMo.
(RSMo 1939 § 9844, A.L. 1971 H.B. 69, A.L. 1985 H.B. 488, A.L. 1989 H.B. 479)
Revisor's note: S.B. 215 & 58, enacted by the 1st Regular Session of the 85th
G.A. 1989, repealed section 195.130 effective 6-19-89. H.B. 479 repealed and
reenacted section 195.130 the same session, effective 8-28-89.