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Missouri · Through 2026 legislative session (floor)

Mo. Rev. Stat. § 565.003: Culpable mental state may exist though different person killed — transfer of intent, when — time between act and death no defense.

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Where this section sits in the code
  1. Title XXXVIII - CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
  2. Chapter 565 - Offenses Against the Person

1. (1) The culpable mental state necessary for a homicide offense may be found to exist if the only difference between what actually occurred and what was the object of the offender's state of mind is that a different person or persons were killed.

(2) It shall not be a defense to a homicide charge that the identity of the person the offender intended to kill cannot be established. If the state proves beyond a reasonable doubt that the offender had the requisite mental state toward a specific person or a general class of persons who are not identified or who are not identifiable, such intent shall be transferred to a person who is killed by the offender while such mental state existed.

2. The length of time which transpires between conduct which results in a death and is the basis of a homicide offense and the event of such death is no defense to any charge of homicide.

Collected 2026-09-03T22:23:29Z. Source file · JSON

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