Chapter 541 Jurisdiction in Criminal Cases

541.090 - Party wounded in this state and dying in another.

Steven Groce, Attorney Advertisement

If any such wound or mortal injury shall be inflicted on any human being in this state, who shall die thereof in another state, an indictment may be found, and a trial and conviction thereon had, in the county in which the wound or mortal injury was given or inflicted, in all respects as if the death happened in such county.

(RSMo 1939 § 3771)

Prior revisions: 1929 § 3381; 1919 § 3726; 1909 § 4937

541.180 - Missouri and Arkansas to have concurrent jurisdiction.

The state of Missouri and the state of Arkansas shall have concurrent jurisdiction over all violations of the criminal laws of said states embraced within the provisions of sections 541.160 and 541.170.

(RSMo 1939 § 3780)

Prior revisions: 1929 § 3390; 1919 § 3735

For comparable Arkansas statute, see § 43.1404 Arkansas Statutes 1947

541.080 - Party wounded in one county and dying in another.

When any mortal wound shall be given, or any poison shall be administered, or any means shall be employed in one county by which any human being shall be killed, who shall die thereof in another county, an indictment for such offense may be found in either county, and the same proceedings shall be had thereon, in all respects, as if the offense had been commenced and consummated in the county in which such indictment shall be found.

(RSMo 1939 § 3770)

Prior revisions: 1929 § 3380; 1919 § 3725; 1909 § 4936

541.033 - Offenses, where prosecuted.

1.Persons accused of committing offenses against the laws of this state, except as may be otherwise provided by law, shall be prosecuted:

(1)In the county in which the offense is committed; or

(2)If the offense is committed partly in one county and partly in another, or if the elements of the crime occur in more than one county, then in any of the counties where any element of the offense occurred.

2.Persons accused of committing the offenses of identity theft against the laws of this state in sections 570.223, 570.224, and 575.120 shall be prosecuted:

(1)In the county in which the offense is committed;

(2)If the offense is committed partly in one county and partly in another, or if the elements of the offense occur in more than one county, then in any of the counties where any element of the offense occurred;

(3)In the county in which the victim resides; or

(4)In the county in which the property obtained or attempted to be obtained was located.

(L. 1965 p. 661 § 1, A.L. 2004 H.B. 959)

541.191 - State has jurisdiction over offenses if element of offense or result occurs in state — body of homicide victim found in state, presumption death occurred in state.

1.This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which such person is legally accountable if:

(1)Conduct constituting any element of the offense or a result of such conduct occurs within this state; or

(2)The conduct outside this state constitutes an attempt or conspiracy to commit an offense within this state and an act in furtherance of the attempt or conspiracy occurs within this state; or

(3)The conduct within this state constitutes an attempt, solicitation, conspiracy or facilitation to commit or establishes criminal accountability for the commission of an offense in another jurisdiction that is also an offense under the law of this state; or

(4)The offense consists of an omission to perform a duty imposed by the law of this state regardless of the location of the defendant at the time of the offense; and

(5)The offense is a violation of a statute of this state that prohibits conduct outside the state.

2.When the offense involves a homicide, either the death of the victim or the bodily impact causing death constitutes a result within the meaning of subdivision (1) of subsection 1 of this section.If the body of a homicide victim is found in this state it is presumed that the result occurred in this state.

3.This state includes the land and water and the air space above the land and water.

(L. 1987 H.B. 341 § 1)

541.050 - Stealing — prior trial in other state a bar.

Every person prosecuted under section 541.040 may plead a former conviction or acquittal for the same offense in another state or country, and if such plea be admitted or established, it shall be a bar to any other or further proceedings against such person.

(RSMo 1939 § 4838)

Prior revisions: 1929 § 4445; 1919 § 3686; 1909 § 4897

541.150 - Change in venue law applicable.

The provisions of law relating to changes of venue shall, in all respects, as far as they may be applicable, govern in cases provided in sections 541.120 to 541.140; and the defendant, officers and witnesses shall be subject to the same duties and penalties as are enjoined and inflicted by law upon like persons, as in cases of change of venue.

(RSMo 1939 § 3777)

Prior revisions: 1929 § 3387; 1919 § 3732; 1909 § 4943

541.015 - Jurisdiction of associate circuit judges.

Associate circuit judges may hear and determine originally, with circuit judges, coextensive with their respective counties, all cases of misdemeanor and infractions as otherwise provided by law.

(L. 1978 H.B. 1634)

Effective 1-02-79

541.140 - Prisoner to be removed to proper county.

If the defendant be in actual custody or confinement, the body of the defendant shall be removed to the jail of the proper county, in like manner and with like effect, in all respects, as in cases of change of venue.

(RSMo 1939 § 3776)

Prior revisions: 1929 § 3386; 1919 § 3731; 1909 § 4942

541.040 - Property stolen in another state, prosecution here, jurisdiction.

Every person who shall steal, or obtain by robbery, the property of another from any other state or country, and shall bring the same into this state, may be convicted and punished for stealing or robbery in the same manner as if the property had been feloniously stolen or taken in this state, and in any such case the stealing or robbery may be charged to have been committed, and every such person may be prosecuted in any county into or through which such stolen property shall be brought.

(RSMo 1939 § 4837, A.L. 1955 p. 515)

Prior revisions: 1929 § 4444; 1919 § 3685; 1909 § 4896

(1957) Information charging that larceny occurred in the county into which the property was brought even though property was stolen in another state, held sufficient under this section. State v. Dobson (Mo.), 303 S.W.2d 650; cert. den.355 U.S. 964, 78 S.Ct. 554.

541.035 - Failure to file reports required by law, where prosecuted.

Offenses for failure or refusal to comply with any law requiring a report to be filed or made in or to the state of Missouri, or any department or officer thereof, shall be held to be committed in the county of the residence of the person failing or refusing to file or make such report, except where the person shall reside without the state of Missouri, in which event the unlawful act is deemed to have been committed in the county wherein the report is required by law to be filed.

(L. 1957 p. 388 § 1)

541.160 - Concurrent jurisdiction in certain territories (Missouri).

Where the St. Francis River or the meanderings of said river border on or form the boundary line between any counties in the state of Arkansas and the state of Missouri, the state of Missouri shall have concurrent jurisdiction over any and all violations of the criminal laws of the state of Missouri, on and to the west meandering lines of the St. Francis River.

(RSMo 1939 § 3778)

Prior revisions: 1929 § 3388; 1919 § 3733

For comparable Arkansas statute, see § 43.1403 Arkansas Statutes 1947

541.060 - Receipt of stolen or embezzled property — trial, where held.

When any person shall be liable to prosecution as the receiver of any personal property that shall have been feloniously stolen, taken or embezzled, he may be indicated, tried and convicted in any county where he received or had such property, notwithstanding such theft or embezzlement was committed in another county.

(RSMo 1939 § 3768)

Prior revisions: 1929 § 3378; 1919 § 3723; 1909 § 4934

541.070 - Property stolen in one county taken to another, jurisdiction — wrongfully taken, defined.

1.When property is stolen or wrongfully taken the offender may be prosecuted for any offense in connection with such property in the county from which the property was obtained or in any county into which the property is taken in the same manner as if such offense had been committed in that county.

2.As used in this section, the term "wrongfully taken" means obtained through any trick or deception or the commission of any crime involving stealing, forcibly stealing or depriving the rightful owner of the use of the property of another.This term shall include, but is not limited to, the crimes of robbery, burglary, stealing, tampering, property damage and failure to return leased or rented property.

(RSMo 1939 § 3769, A.L. 1955 p. 514, A.L. 1993 S.B. 180)

Prior revisions: 1929 § 3379; 1919 § 3724; 1909 § 4935

541.170 - Concurrent jurisdiction in certain territories (Arkansas).

Wherever the St. Francis River or the meanderings of said river border on or form the boundary lines between any county in the state of Missouri and the state of Arkansas, the state of Arkansas shall have concurrent jurisdiction of all violations of the criminal laws of the state of Arkansas to the east boundary of the meandering lines of the St. Francis River.

(RSMo 1939 § 3779)

Prior revisions: 1929 § 3389; 1919 § 3734

For comparable Arkansas statute, see § 43.1403 Arkansas Statutes 1947

541.120 - Prosecution in wrong county — duty of court.

When it appears at any time before verdict or judgment that the defendant is prosecuted in a county not having jurisdiction of the offense, the court may order that all the papers and proceedings be certified and transmitted to the proper court of the proper county, and recognize the defendant to appear before such court on the first day of the next term thereof, to await the action of the grand jury.The witnesses shall also be recognized to appear at such court, that the prosecution may be proceeded with as provided by law.

(RSMo 1939 § 3774)

Prior revisions: 1929 § 3384; 1919 § 3729; 1909 § 4940

541.020 - Jurisdiction of circuit courts.

Except as otherwise provided by law, the circuit courts shall have exclusive original jurisdiction in all cases of felony, misdemeanor and infractions.Except as otherwise provided by law, circuit judges may hear and determine originally all cases of felony, misdemeanor and infractions and may hear and determine upon a trial de novo cases of misdemeanor and infractions.

(RSMo 1939 § 3891, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 3501; 1919 § 3846; 1909 § 5054

Effective 1-02-79

541.130 - Jury discharged without prejudice, when.

When a jury has been impaneled in the case contemplated in section 541.120, such jury shall be discharged without prejudice to the prosecution.

(RSMo 1939 § 3775)

Prior revisions: 1929 § 3385; 1919 § 3730; 1909 § 4941

541.010 - Code applicable, when and where.

The provisions of this code applicable to circuit judges shall also be applicable to any other judges of the circuit court in all criminal cases when no other or different provision is made by law for the government and control of such judges.

(RSMo 1939 § 4158, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 3768; 1919 § 4114; 1909 § 5319

Effective 1-02-79

541.110 - Accessory to felony, where indicted.

An indictment against an accessory to any felony may be found in any county where the offense of such accessory shall have been committed, notwithstanding the principal offense may have been committed in another county; and the like proceedings shall be had therein, in all respects, as if the principal offense had been committed in the same county.

(RSMo 1939 § 3773)

Prior revisions: 1929 § 3383; 1919 § 3728; 1909 § 4939

541.155 - Fraudulent use of a credit device, where prosecuted.

Any person charged with fraudulent use of a credit device, or any stealing offense in which another person's credit card number, check, or checking account number was fraudulently used for the purpose of obtaining property or services of another, shall be prosecuted:

(1)In the county in which the offense is committed; or

(2)If the offense is committed partly in one county and partly in another, or if the elements of the offense occur in more than one county, then in any of the counties where any element of the offense occurred; or

(3)In the county in which the defendant resides; or

(4)In the county in which the victim resides; or

(5)In the county in which the property obtained or attempted to be obtained was located.

(L. 2002 S.B. 895)

541.100 - Wounded in another state and dying in this.

If any such wound or mortal injury shall have been inflicted in another state on any human being who shall die thereof within this state, an indictment may be found and a trial and conviction thereon had, in the county in which the death happened, in all respects as if the wound or injury had been inflicted in such county.