{"data":{"id":"us-mo/mo.-rev.-stat.-577.013","jurisdiction":"us-mo","citation":"Mo. Rev. Stat. § 577.013","heading":"Boating while intoxicated — sentencing restrictions.","body":"1. A person commits the offense of boating while intoxicated if he or she operates a vessel while in an intoxicated condition.\n2. The offense of boating while intoxicated is:\n(1) A class B misdemeanor;\n(2) A class A misdemeanor if:\n(a) The defendant is a prior boating offender; or\n(b) A person less than seventeen years of age is present in the vessel;\n(3) A class E felony if:\n(a) The defendant is a persistent boating offender; or\n(b) While boating while intoxicated, the defendant acts with criminal negligence to cause physical injury to another person;\n(4) A class D felony if:\n(a) The defendant is an aggravated boating offender;\n(b) While boating while intoxicated, the defendant acts with criminal negligence to cause physical injury to a law enforcement officer or emergency personnel; or\n(c) While boating while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to another person;\n(5) A class C felony if:\n(a) The defendant is a chronic boating offender;\n(b) While boating while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to a law enforcement officer or emergency personnel; or\n(c) While boating while intoxicated, the defendant acts with criminal negligence to cause the death of another person;\n(6) A class B felony if:\n(a) The defendant is a habitual boating offender; or\n(b) While boating while intoxicated, the defendant acts with criminal negligence to cause the death of a law enforcement officer or emergency personnel;\n(7) A class A felony if the defendant is a habitual offender as a result of being found guilty of an act described under paragraph (d) of subdivision (12) of section 577.001 and is found guilty of a subsequent violation of such paragraph.\n3. Notwithstanding the provisions of subsection 2 of this section, a person found guilty of the offense of boating while intoxicated as a first offense shall not be granted a suspended imposition of sentence:\n(1) Unless such person shall be placed on probation for a minimum of two years; or\n(2) In a circuit where a DWI court or docket created under section 478.007 or other court-ordered treatment program is available, and where the offense was committed with fifteen-hundredths of one percent or more by weight of alcohol in such person's blood, unless the individual participates in and successfully completes a program under such DWI court or docket or other court-ordered treatment program.\n4. If a person is found guilty of a second or subsequent offense of boating while intoxicated, the court may order the person to submit to a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day as a condition of probation.\n5. If a person is not granted a suspended imposition of sentence for the reasons described in subsection 3 of this section:\n(1) If the individual operated the vessel with fifteen-hundredths to twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than forty-eight hours;\n(2) If the individual operated the vessel with greater than twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than five days.\n6. A person found guilty of the offense of boating while intoxicated:\n(1) As a prior boating offender, persistent boating offender, aggravated boating offender, chronic boating offender or habitual boating offender shall not be granted a suspended imposition of sentence or be sentenced to pay a fine in lieu of a term of imprisonment, section 557.011 to the contrary notwithstanding;\n(2) As a prior boating offender shall not be granted parole or probation until he or she has served a minimum of ten days imprisonment:\n(a) Unless as a condition of such parole or probation such person performs at least two hundred forty hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or\n(b) The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available;\n(3) As a persistent offender shall not be eligible for parole or probation until he or she has served a minimum of thirty days imprisonment:\n(a) Unless as a condition of such parole or probation such person performs at least four hundred eighty hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or\n(b) The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available;\n(4) As an aggravated boating offender shall not be eligible for parole or probation until he or she has served a minimum of sixty days imprisonment;\n(5) As a chronic or habitual boating offender shall not be eligible for parole or probation until he or she has served a minimum of two years imprisonment; and\n(6) Any probation or parole granted under this subsection may include a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day.","path":["Title XXXVIII - CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS","Chapter 577 - Public Safety Offenses"],"source_url":"https://revisor.mo.gov/main/OneSection.aspx?section=577.013","current_through":"2026 legislative session (floor)","vintage":"","retrieved_at":"2026-09-03T22:23:29Z","sha256":"0556b6e6000689c5643292664a12f0d12ba1e4dc6630f2a1d975ba0c7615e02d","source_id":"us-mo","stale":false,"prev":"us-mo/mo.-rev.-stat.-577.012","next":"us-mo/mo.-rev.-stat.-577.014"},"notice":"GroundRules: Original legal text. Not legal advice."}