This Week’s Legislative Column from Senator Mike Cunningham

Cunningham - Column Banner - 060514Criminal Code Revisions Raise Questions

The start of the new year brings with it some changes to the Criminal Code in Missouri. In 2014, a bill implementing several changes to the Criminal Code was passed into law. The revisions to the code went into effect on Jan. 1 of this year and a few of the changes have raised some questions.

This past week I’ve received several phone calls regarding the changes to the Criminal Code that pertain to “school fights.” I hope to answer some questions in this column and clear up any confusion that may exist about this issue.

Many educators and citizens have understood the new changes to mean that young children can be charged with a felony for being involved in a run-of-the-mill “school fight,” which is not the case.

The revisions to the Criminal Code do not change any statutes concerning juveniles and assault offenses. Any person between the ages of 12 and 17 must be certified as an adult in order to be charged and prosecuted for a felony. The decision to prosecute a crime as a felony is still up to the discretion of the prosecutor in that jurisdiction. There will be no automatic felony charge for children involved in “school fights.” The charge of Assault While on School property will no longer exist under the new Criminal Code.

What I hope you can take away from this is that children will still be allowed to be children. The revised Criminal Code has not drastically altered the rules for students, teachers or school administrators. What once was a “school fight” will remain a “school fight.” Children are not automatically going to be charged with felonies for physical altercations at school.

New laws and changes to existing laws always raise questions and I welcome the opportunity to try and address those in whatever way I can. Please do not hesitate to call my office or email me with any questions you may have.

As always, I appreciate it when groups from around Missouri and from our community back home come to visit me at the Capitol. If you would like to arrange a time to come and visit me in Jefferson City, or if you ever have any questions, please don’t hesitate to contact my Capitol office at (573) 751-1882.