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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CRIMINAL PROCEDURE
Chapter : Chapter 541 Jurisdiction in Criminal Cases
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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 1-2-79
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 1-2-79
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 1-2-79
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, RSMo,
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)
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)
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.
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
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
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
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
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
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. (RSMo 1939 § 3772)
Prior revisions: 1929 § 3382; 1919 § 3727; 1909 § 4938
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
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
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
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
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
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)
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
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
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
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)
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