Limited Immunity Exclusions

The Missouri Good Samaritan Law's limited immunity described in the previous sections shall not be extended if law enforcement has reasonable suspicion or probable cause to detain, arrest, or search the victim or person seeking help. If criminal activity and reasonable suspicion or probable cause is based on information obtained prior to or independent of the victim or person taking action to seek or obtain emergency medical assistance and not obtained as a direct result of the action of seeking or obtaining emergency medical assistance.

The fact that a defendant obtained emergency medical assistance for an overdose victim shall be accorded weight in favor of withholding or minimizing a sentence of imprisonment for violating the provisions of section 195.202 (now 579.015), 195.211 (now 579.055), 195.222 (now 579.065), or 195.241 (now 579.078). If the court, having due regard for the character of the offender, the nature and circumstances of the offense, and the public interest, finds that a sentence of imprisonment is the most appropriate disposition of the offender, or where other provisions of the law mandate the imprisonment of the offender, this fact shall be considered in mitigation of the length of the term imposed.

Nothing in this section is intended to interfere with or prevent the investigation, arrest, or prosecution of any person for the delivery or distribution of cannabis, methamphetamine, or other controlled substances, drug-induced murder, or any other crime.