Missouri POST Study Guide Exam – Complete
Practice Test Bank 2026
1. What is the statutory difference in Missouri between Forcible Rape
and Sexual Assault?
A. Forcible rape involves lack of consent only; sexual assault involves threat
or force
B. Forcible rape: threat, force used, drugs used, taking advantage of a
mentally incompetent person; Sexual assault: Lack of consent
C. Forcible rape is a felony; sexual assault is a misdemeanor
D. Forcible rape requires physical injury; sexual assault does not
Correct Answer: B. Forcible rape: threat, force used, drugs used, taking
advantage of a mentally incompetent person; Sexual assault: Lack of
consent.
Rationale: In Missouri, forcible rape involves threat, force, drugs, or taking
advantage of a mentally incompetent person, while sexual assault is based
primarily on lack of consent. Any sexual intercourse with any person under
the age of 14 is automatically Statutory Rape in the first degree by virtue of
the person's age .
2. What is the only time possession of a controlled substance is a
misdemeanor in Missouri?
,A. Possession of any Schedule I drug
B. The amount of Marijuana, K2 or Spice possessed is less than 35 grams
C. Possession of Schedule II drugs for personal use
D. Possession of any controlled substance with a prescription
Correct Answer: B. The amount of Marijuana, K2 or Spice possessed is
less than 35 grams.
Rationale: The only time possession of a controlled substance is a
misdemeanor in Missouri is when the amount of Marijuana, K2, or Spice
possessed is less than 35 grams. If given or sold to someone else, it becomes a
felony .
3. What does 0.08% blood alcohol content indicate in Missouri?
A. The legal limit for all drivers
B. The magic number the prosecutor can use to file BAC as the criminal
charge
C. The level at which a driver must be arrested
D. The level at which a driver loses their license
Correct Answer: B. The magic number the prosecutor can use to file
BAC as the criminal charge.
Rationale: 0.08% blood alcohol content is the "magic number" the prosecutor
can use to file charges using BAC as the criminal charge. If a person agrees to
a chemical test and has 0.08% or more, the peace officer is required to take
their Missouri issued license .
4. Under 21 DWI drivers will lose their license for a BAC of:
,A. 0.08% or more
B. 0.02% to 0.079%
C. 0.05% to 0.079%
D. Any detectable amount
Correct Answer: B. 0.02% to 0.079%.
Rationale: Under 21 DWI drivers will lose their license for a BAC of 0.02% to
0.079% .
5. If a person refuses a chemical test after a DWI arrest in Missouri,
they lose their license for:
A. 6 months
B. 1 year
C. 2 years
D. 5 years
Correct Answer: B. 1 year.
Rationale: If a person refuses any two of the requested chemical tests (breath,
blood, saliva, urine), they lose their license for one year .
6. What is the authorized sentence for a Class A felony in Missouri?
A. A minimum of 5 years and maximum of 15 years
B. A minimum of 10 years and maximum of 30 years or life in prison
C. A maximum of 7 years
D. A maximum of 5 years
Correct Answer: B. A minimum of 10 years and maximum of 30 years
or life in prison.
, Rationale: The authorized sentence for a Class A felony is a minimum of 10
years in prison and a maximum of 30 years or life in prison. Class A felonies
include murder, first degree kidnapping, forcible rape of a child under twelve
years old, first degree robbery, and some drug crimes .
7. What is the possible sentence for a Class C Felony in Missouri?
A. Minimum of 5 years, maximum of 15 years
B. Maximum of 7 years in prison, or one year in jail, and a fine up to $5,000
C. Up to 5 years in prison
D. Up to 1 year in jail only
Correct Answer: B. Maximum of 7 years in prison, or one year in jail,
and a fine up to $5,000.
Rationale: A Class C Felony is punishable by a maximum of 7 years in prison,
or one year in jail, and a fine up to $5,000 .
8. What is a Tort in Missouri law?
A. A criminal offense
B. A private or civil wrong or injury, other than a breach of contract
C. A violation of traffic laws
D. A constitutional violation
Correct Answer: B. A private or civil wrong or injury, other than a
breach of contract.
Rationale: A tort is a private or civil wrong or injury, other than a breach of
contract .
Practice Test Bank 2026
1. What is the statutory difference in Missouri between Forcible Rape
and Sexual Assault?
A. Forcible rape involves lack of consent only; sexual assault involves threat
or force
B. Forcible rape: threat, force used, drugs used, taking advantage of a
mentally incompetent person; Sexual assault: Lack of consent
C. Forcible rape is a felony; sexual assault is a misdemeanor
D. Forcible rape requires physical injury; sexual assault does not
Correct Answer: B. Forcible rape: threat, force used, drugs used, taking
advantage of a mentally incompetent person; Sexual assault: Lack of
consent.
Rationale: In Missouri, forcible rape involves threat, force, drugs, or taking
advantage of a mentally incompetent person, while sexual assault is based
primarily on lack of consent. Any sexual intercourse with any person under
the age of 14 is automatically Statutory Rape in the first degree by virtue of
the person's age .
2. What is the only time possession of a controlled substance is a
misdemeanor in Missouri?
,A. Possession of any Schedule I drug
B. The amount of Marijuana, K2 or Spice possessed is less than 35 grams
C. Possession of Schedule II drugs for personal use
D. Possession of any controlled substance with a prescription
Correct Answer: B. The amount of Marijuana, K2 or Spice possessed is
less than 35 grams.
Rationale: The only time possession of a controlled substance is a
misdemeanor in Missouri is when the amount of Marijuana, K2, or Spice
possessed is less than 35 grams. If given or sold to someone else, it becomes a
felony .
3. What does 0.08% blood alcohol content indicate in Missouri?
A. The legal limit for all drivers
B. The magic number the prosecutor can use to file BAC as the criminal
charge
C. The level at which a driver must be arrested
D. The level at which a driver loses their license
Correct Answer: B. The magic number the prosecutor can use to file
BAC as the criminal charge.
Rationale: 0.08% blood alcohol content is the "magic number" the prosecutor
can use to file charges using BAC as the criminal charge. If a person agrees to
a chemical test and has 0.08% or more, the peace officer is required to take
their Missouri issued license .
4. Under 21 DWI drivers will lose their license for a BAC of:
,A. 0.08% or more
B. 0.02% to 0.079%
C. 0.05% to 0.079%
D. Any detectable amount
Correct Answer: B. 0.02% to 0.079%.
Rationale: Under 21 DWI drivers will lose their license for a BAC of 0.02% to
0.079% .
5. If a person refuses a chemical test after a DWI arrest in Missouri,
they lose their license for:
A. 6 months
B. 1 year
C. 2 years
D. 5 years
Correct Answer: B. 1 year.
Rationale: If a person refuses any two of the requested chemical tests (breath,
blood, saliva, urine), they lose their license for one year .
6. What is the authorized sentence for a Class A felony in Missouri?
A. A minimum of 5 years and maximum of 15 years
B. A minimum of 10 years and maximum of 30 years or life in prison
C. A maximum of 7 years
D. A maximum of 5 years
Correct Answer: B. A minimum of 10 years and maximum of 30 years
or life in prison.
, Rationale: The authorized sentence for a Class A felony is a minimum of 10
years in prison and a maximum of 30 years or life in prison. Class A felonies
include murder, first degree kidnapping, forcible rape of a child under twelve
years old, first degree robbery, and some drug crimes .
7. What is the possible sentence for a Class C Felony in Missouri?
A. Minimum of 5 years, maximum of 15 years
B. Maximum of 7 years in prison, or one year in jail, and a fine up to $5,000
C. Up to 5 years in prison
D. Up to 1 year in jail only
Correct Answer: B. Maximum of 7 years in prison, or one year in jail,
and a fine up to $5,000.
Rationale: A Class C Felony is punishable by a maximum of 7 years in prison,
or one year in jail, and a fine up to $5,000 .
8. What is a Tort in Missouri law?
A. A criminal offense
B. A private or civil wrong or injury, other than a breach of contract
C. A violation of traffic laws
D. A constitutional violation
Correct Answer: B. A private or civil wrong or injury, other than a
breach of contract.
Rationale: A tort is a private or civil wrong or injury, other than a breach of
contract .
