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Mo. Rev. Stat. § 565.003

Culpable mental state may exist though different person killed — transfer..

Applied in 2 court decisions — leading case Williams v. Armontrout (1990)

Most recently applied in Williams v. Armontrout (August 1990)

Effective: 28 Aug 2023, 3 histories; (L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2023 S.B. 227)

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.

Official source: Missouri Revisor of Statutes. Reproduced from public-domain Missouri statutes; confirm against the official source for the current text. Not legal advice.