556.036. Time limitations.
Time limitations.
556.036. 1. A prosecution for murder, forcible rape, attemptedforcible rape, forcible sodomy, attempted forcible sodomy, or any class Afelony may be commenced at any time.
2. Except as otherwise provided in this section, prosecutions forother offenses must be commenced within the following periods oflimitation:
(1) For any felony, three years, except as provided in subdivision(4) of this subsection;
(2) For any misdemeanor, one year;
(3) For any infraction, six months;
(4) For any violation of section 569.040, RSMo, when classified as aclass B felony, or any violation of section 569.050 or 569.055, RSMo, fiveyears.
3. If the period prescribed in subsection 2 of this section hasexpired, a prosecution may nevertheless be commenced for:
(1) Any offense a material element of which is either fraud or abreach of fiduciary obligation within one year after discovery of theoffense by an aggrieved party or by a person who has a legal duty torepresent an aggrieved party and who is himself or herself not a party tothe offense, but in no case shall this provision extend the period oflimitation by more than three years. As used in this subdivision, the term"person who has a legal duty to represent an aggrieved party" shall meanthe attorney general or the prosecuting or circuit attorney havingjurisdiction pursuant to section 407.553, RSMo, for purposes of offensescommitted pursuant to sections 407.511 to 407.556, RSMo; and
(2) Any offense based upon misconduct in office by a public officeror employee at any time when the defendant is in public office oremployment or within two years thereafter, but in no case shall thisprovision extend the period of limitation by more than three years; and
(3) Any offense based upon an intentional and willful fraudulentclaim of child support arrearage to a public servant in the performance ofhis or her duties within one year after discovery of the offense, but in nocase shall this provision extend the period of limitation by more thanthree years.
4. An offense is committed either when every element occurs, or, if alegislative purpose to prohibit a continuing course of conduct plainlyappears, at the time when the course of conduct or the defendant'scomplicity therein is terminated. Time starts to run on the day after theoffense is committed.
5. A prosecution is commenced for a misdemeanor or infraction whenthe information is filed and for a felony when the complaint or indictmentis filed.
6. The period of limitation does not run:
(1) During any time when the accused is absent from the state, but inno case shall this provision extend the period of limitation otherwiseapplicable by more than three years; or
(2) During any time when the accused is concealing himself fromjustice either within or without this state; or
(3) During any time when a prosecution against the accused for theoffense is pending in this state; or
(4) During any time when the accused is found to lack mental fitnessto proceed pursuant to section 552.020, RSMo.
(L. 1977 S.B. 60, A.L. 1986 S.B. 685, A.L. 1997 S.B. 56, A.L. 1999 H.B. 487, A.L. 2002 H.B. 1037, et al. merged with S.B. 650, A.L. 2005 H.B. 353, A.L. 2006 H.B. 1857, A.L. 2009 H.B. 62)