1. As used in this section, the following terms mean: (1) "Aggravated offender" , a person who has been found guilty of: (a) Three or more violations of this section committed on separate occasions; or (b) Two or more violations of this section committed on separate occasions where at least one of the violations the defendant was operating a vehicle and another person was injured or killed; (2) "Burnout" , a maneuver performed while operating a motor vehicle whereby the wheels of the motor vehicle are spun, resulting in friction causing the motor vehicle's tires to heat up and emit smoke; (3) "Chronic offender" , a person who has been found guilty of: (a) Four or more violations of this section committed on separate occasions; or (b) Three or more violations of this section committed on separate occasions where at least one of the violations the defendant was operating a vehicle and another person was injured or killed; or (c) Two or more violations of this section committed on separate occasions where both of the violations the defendant was operating a vehicle and another person was injured or killed; (4) "Donut" , a motor vehicle maneuver in which the front or rear of the motor vehicle is rotated around the opposite set of wheels in a motion that may cause a curved skid-mark pattern of rubber on the driving surface, or the tires to heat up and emit smoke, or both; (5) "Drag race" , the operation of two or more motor vehicles from a point side by side in a competitive attempt to outgain or outdistance each other, or the operation of one or more motor vehicles over a common selected course, for the purpose of comparing the relative speeds, power, or acceleration of such motor vehicles within a certain distance or time limit; (6) "Drifting" , a motor vehicle maneuver in which the motor vehicle is steered so that it makes a controlled skid sideways through a turn with the front wheels oriented in a direction opposite the turn; (7) "Habitual offender" , a person who has been found guilty of: (a) Five or more violations of this section committed on separate occasions; (b) Four or more violations of this section committed on separate occasions where at least one of the violations the defendant was operating a vehicle and another person was injured or killed; or (c) Three or more violations of this section committed on separate occasions where at least two of the violations the defendant was operating a vehicle and another person was injured or killed; (8) "Highway" , any public thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways, or alleys in any municipality; (9) "Persistent offender" , a person who has been found guilty of: (a) Two or more violations of this section committed on separate occasions; or (b) One violation of this section where the defendant was operating a vehicle and another person was injured or killed; (10) "Prior offender" , a person who has been found guilty of a violation of this section where such prior offense occurred within five years of the violation for which the person is charged; (11) "Race" , the operation of one or more motor vehicles arising from a challenge to demonstrate superiority of a motor vehicle or driver, and the acceptance of or competitive response to that challenge, either through a prior arrangement or in immediate response, in which the competitor attempts to outgain or outdistance another motor vehicle, to prevent another motor vehicle from passing, to arrive at a given destination ahead of another motor vehicle, to test the physical stamina or endurance of drivers, to exhibit speed or acceleration, or to set a speed or acceleration record; (12) "Street takeover" , the act of disrupting the regular flow of traffic for the purpose of performing, facilitating, or spectating stunt driving; (13) "Stunt driving" , to operate a motor vehicle performing a race, a drag race, a burnout, a donut, a wheelie, or drifting; (14) "Wheelie" , a motor vehicle maneuver whereby a vehicle is ridden for a distance with the front or rear wheel or wheels raised off the ground. 2. Except as otherwise permitted by law, no person shall: (1) Perform stunt driving in connection with a street takeover; or (2) Perform or participate in a street takeover. 3. Violation of this section shall be a class B misdemeanor for a first offense, a class A misdemeanor for a second offense, and a class E felony for a third or subsequent offense. 4. No defendant alleged and proven to be a prior offender, persistent offender, aggravated offender, chronic offender, or habitual offender shall be granted a suspended imposition of sentence or be sentenced to pay a fine in lieu of imprisonment. 5. No defendant alleged and proven to be a prior offender shall be granted probation or parole until he or she has served a minimum of ten days of imprisonment, unless as a condition of such probation or parole the person performs at least thirty days of community service under the supervision of the court in a jurisdiction that has a recognized program for community service. 6. No defendant alleged and proven to be an aggravated offender shall be eligible for probation or parole until he or she has served a minimum of thirty days of imprisonment. 7. No defendant alleged and proven to be a chronic or habitual offender shall be eligible for probation or parole until he or she has served a minimum of one year of imprisonment. 8. Prior pleas of guilty and prior findings of guilty shall be pleaded and proven in the same manner as required by section 558.021 . 9. This section shall not apply to events sanctioned by a political subdivision or private entity with responsibility for maintenance and control of the portion of highway or private property on which the motor vehicle operation occurs.
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