Mo. Rev. Stat. » Chapter 516
Missouri Revised Statutes

Mo. Rev. Stat. § 516.390 (2026)

When penalty goes to the state, within two years

✓ laws through the 2026 session (checked Sept. 2026)
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  516.390.  When penalty goes to the state, within two years. — If the penalty is given in whole or in part to the state, or to any county or city, or to the treasury thereof, a suit therefor may be commenced, by or in behalf of the state, county or city, at any time within two years after the commission of the offense, and not after.

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(RSMo 1939 § 3787)

Prior revisions: 1929 § 3397; 1919 § 3742; 1909 § 4950

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1992–2022 · leading case: Div. of Labor Standards v. Walton Constr. Mgmt. Co., 984 S.W.2d 152 (Mo. Ct. App. 1998).
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Div. of Labor Standards v. Walton Constr. Mgmt. Co., 984 S.W.2d 152 (Mo. Ct. App. 1998). · cites it 15× “The trial court dismissed the State’s petition based on the running of the two year statute of limitations, section 516.390. The judgment of the trial court is affirmed.”
State ex rel. Sureway Transp., Inc. v. Div. of Transp. Dep't of Econ. Dev., 836 S.W.2d 23 (Mo. Ct. App. 1992). · cites it 5× “The trial court also determined that the Division’s penalty actions were barred by the two-year limitation of § 516.390, RSMo 1986. That statute states: If the penalty is given in whole or in part to the state, or to any county or city, or to the treasury thereof, a suit…”
State ex rel. Nixon v. Summit Inv. Co., 186 S.W.3d 428 (Mo. Ct. App. 2006). · cites it 4× “The applicable statute of limitations for such actions is two years per section 516.390. See Div. of Labor Stds., v.”
State v. Davis, 830 S.W.2d 27 (Mo. Ct. App. 1992). · cites it 3× “Defendants contend that the violations were barred by § 516.390, RSMo 1986. It states: *30 When penalty goes to the state, within two years.”
State ex rel. Missouri Div. of Transp. v. Sure-Way Transp., Inc., 884 S.W.2d 349 (Mo. Ct. App. 1994). “2d at 27 , § 516.390 does not contemplate this special process; it is mandated by the judiciary.”
Sean A. Brady v. John R. Ashcroft, 643 S.W.3d 565 (Mo. Ct. App. 2022). · cites it 4× “§ 516.390. All actions upon any statute for any penalty or forfeiture, given in whole or in part to the party aggrieved, shall be commenced within three years after the commission of the offense, and not after.”
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