Chapter 16 OFFENSES AND MISCELLANEOUS PROVISIONS*
Section 16-21 Time limitations.
(a) Except as otherwise provided in this section, prosecutions
for offenses must be commenced
within the following periods of limitation:
(1) For any misdemeanor, one year;
(2) For any infraction, six (6) months.
(b) If the period prescribed in paragraph (a) of this section
has expired, a prosecution may
nevertheless be commenced for:
(1) Any offense a material element
of which is either fraud or a breach of fiduciary
obligation within one year after discovery of the offense by the aggrieved party or by a person
who has a legal duty to represent an aggrieved party and who is himself not a party to the
offense, but in no case shall this provision extend the period of limitation by more than three (3)
(2) Any offense based upon misconduct
in office by a public officer or employee at any time
the defendant is in public office or employment or within two (2) years thereafter, but in no case
shall this provision extend the period of limitation by more than three (3) years.
(c) An offense is committed either when every element occurs,
or, if a legislative purpose to
prohibit a continuing course of conduct plainly appears, at the time when the course of conduct
or the defendant's complicity therein is terminated. Time starts to run on the day after the offense
(d) A prosecution is commenced when an information is filed.
(e) The period of limitation does not run:
(1) During any time when the accused
is absent from the state, but in no case shall this
provision extend the period of limitation otherwise applicable by more than three (3) years; or
(2) During any time when the accused
is concealing himself from justice either within or
without this state; or
(3) During any time when a prosecution
against the accused for the offense is pending in this
(Code 1964, § 7.425)
State law reference(s)--Similar provisions, RSMo. § 556.036.