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

Missouri Statutes

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

Missouri § 565.003

Title XXXVIIICRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Ch. 565Offenses Against the Person

This text of Missouri § 565.003 (Culpable mental state may exist though different person killed — transfer of intent, when — time between act and death no defense.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mo. Rev. Stat. § 565.003 (2026).

Text

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 o

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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.