Mo. Rev. Stat. » Chapter 194
Missouri Revised Statutes

Mo. Rev. Stat. § 194.005 (2026)

Death, legal definition

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  194.005.  Death, legal definition. — For all legal purposes, the occurrence of human death shall be determined in accordance with the usual and customary standards of medical practice, provided that death shall not be determined to have occurred unless the following minimal conditions have been met:

  (1)  When respiration and circulation are not artificially maintained, there is an irreversible cessation of spontaneous respiration and circulation; or

  (2)  When respiration and circulation are artificially maintained, and there is a total and irreversible cessation of all brain function, including the brain stem and that such determination is made by a licensed physician.

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(L. 1982 H.B. 1223 § 1)

Notes of Decisions
Cited in 6 cases, 1988–2013 · leading case: Cruzan ex rel. Cruzan v. Harmon, 760 S.W.2d 408 (Mo. 1988).
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Cruzan ex rel. Cruzan v. Harmon, 760 S.W.2d 408 (Mo. 1988). · cites it 18× “[1] A single issue is presented: May a guardian order that all nutrition and hydration be withheld from an incompetent ward who is in a persistent vegetative state, who is neither dead within the meaning of Section 194.005, RSMo 1986, nor terminally ill? We have jurisdiction.”
Cruzan ex rel. Cruzan v. Dir., 497 U.S. 261 (1990). · cites it 2× “" Mo. Rev. Stat. § 194.005 (1986). Since Cruzan's respiration and circulation were not being artificially maintained, she obviously fit within the first proviso of the statute.”
State v. Frappier, 941 S.W.2d 859 (Mo. Ct. App. 1997). · cites it 7× “Section 194.005, RSMo 1994, provides in relevant part: For all legal purposes, the occurrence of human death shall be determined in accordance with the usual and customary standards of medical practice, provided that death shall not be determined to have occurred unless the…”
State v. Reproductive Health Servs. of Planned Parenthood of St. Louis Region, Inc., 97 S.W.3d 54 (Mo. Ct. App. 2002). · cites it 6× “on, the following terms shall mean: (1) "Born", complete separation of an intact child from the mother regardless of whether the umbilical cord is cut or the placenta detached; (2) "Living infant", a human child, born or partially born, who is alive, as determined in accordance…”
Dudley v. City of Des Peres, 72 S.W.3d 134 (Mo. Ct. App. 2002). · cites it 2× “Employer did not make this argument below, and thus we decline to review it, although it is without merit anyway, as “death” is defined in Section 194.005 as: 194.005. Death, legal definition For all legal purposes, the occurrence of human death shall be determined in accordance…”
State v. Harrison, 390 S.W.3d 927 (Mo. Ct. App. 2013). · cites it 5× “Can manslaughter lie for killing an unborn child if, per § 194.005, death involves cessation of spontaneous respiration? 1 Background Appellant was found guilty of involuntary manslaughter (§ 565.”
Mo. Rev. Stat. § 194.005(1): 1 case
State v. Frappier, 941 S.W.2d 859 (Mo. Ct. App. 1997). “Section 194.005, RSMo 1994, provides in relevant part: For all legal purposes, the occurrence of human death shall be determined in accordance with the usual and customary standards of medical practice, provided that death shall not be determined to have occurred unless the…”
Mo. Rev. Stat. § 194.005(2): 1 case
State v. Frappier, 941 S.W.2d 859 (Mo. Ct. App. 1997). “Section 194.005, RSMo 1994, provides in relevant part: For all legal purposes, the occurrence of human death shall be determined in accordance with the usual and customary standards of medical practice, provided that death shall not be determined to have occurred unless the…”
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