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.
Where this section sits in the code
- Title XXXVIII - CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
- 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