Mo. Rev. Stat. » Chapter 537
Missouri Revised Statutes

Mo. Rev. Stat. § 537.330 (2026)

Malicious trespass

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  537.330.  Malicious trespass — to personalty — double damages — issuance of attachment, when. — If any person shall maliciously or wantonly damage or destroy any personal property, goods, chattels, furniture or livestock, the person so offending shall pay to the party injured double the value of the things so damaged or destroyed; and upon an affidavit that said damage or destruction was wantonly or maliciously done, it shall be a good ground for an attachment to issue, as in other cases by attachment.

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(RSMo 1939 § 3688)

Prior revisions: 1929 § 3298; 1919 § 4249; 1909 § 5455

(2000) Section applies to both tangible and intangible personal property, and includes delivery and distribution routes held by independent contract carriers for newspaper chain.  Weicht v. Suburban Newspapers of Greater St. Louis, Inc., 32 S.W.3d 592 (Mo.App.E.D.).

Notes of Decisions
Cited in 19 cases (8 in the last 5 years), 1984–2024 · leading case: Weicht v. Suburban Newspapers of Greater St. Louis, Inc., 32 S.W.3d 592 (Mo. Ct. App. 2000).
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Weicht v. Suburban Newspapers of Greater St. Louis, Inc., 32 S.W.3d 592 (Mo. Ct. App. 2000). · cites it 20× “This section provides in part: Malicious trespass — to personalty — double damages — issuance of attachment, when If any person shall maliciously or wantonly damage or destroy any personal property, goods, chattels, furniture or livestock, the person so offending shall pay to…”
Clay v. Missouri High. & Transp. Comm'n, 951 S.W.2d 617 (Mo. Ct. App. 1997). · cites it 6× “In support, they cite to Section 537.330 and 537.340, RSMo 1994. 6 These sections permit the recovery of double or treble damages in certain types of trespass actions in which malicious conduct is shown.”
Carmel Energy, Inc. v. Fritter, 827 S.W.2d 780 (Mo. Ct. App. 1992). · cites it 2× “The parties have acknowledged that a statutory award for trespass under § 537.330, RSMo is not applicable since the section applies only to trespass to personal property.”
Nika Corp. v. City of Kansas City, Mo., 582 F. Supp. 343 (W.D. Mo. 1984). “§ 1983 ; a “taking” of NIKA’s property without just compensation in violation of the Fifth and Fourteenth Amendments; common law conversion; a willful damage or destruction of property in violation of § 537.330, R.S.Mo.1969 (as amended); and breach of contract.”
Freeman v. Lawson, 797 S.W.2d 882 (Mo. Ct. App. 1990). · cites it 3× “By Count I of their petition, plaintiffs Arthur Freeman and June Freeman (the Freemans) alleged defendant Arthur “Buck” Lawson (Lawson), on separate occasions, shot two of their bulls and prayed for double damages as provided in § 537.330. By Count II the Freemans sought an…”
Propes v. Griffith, 25 S.W.3d 544 (Mo. Ct. App. 2000). “§ 537.330. As stated previously, at no time did the Appellants make a monetary claim for the loss of their sheep from the prior attack against the Propes.”
Patton v. Blum, 105 F. Supp. 3d 934 (E.D. Mo. 2015). · cites it 4× “Count VI: Malicious Trespass In Count VI, Patton claims that the defendants “maliciously or wantonly damaged or destroyed” her “real property and intangible property rights” in violation of Mo.”
Bextermueller News Distributors, Inc. v. Lee Enter., Inc., No. 4:22-cv-00344 (E.D. Mo. Aug. 29, 2023). · cites it 9× “Plaintiffs asserted five counts: (I) breach of contract, (II) breach of implied covenant of good faith and fair dealing, (III) tortious interference with business expectancy, (IV) malicious trespass to personalty (violation of Mo. Rev. Stat. § 537.330 ), and (V) punitive damages.”
Bextermueller News Distributors, Inc. v. Lee Enter., Inc., No. 4:22-cv-00344, 2023 WL 2187465 (E.D. Mo. Feb. 23, 2023). · cites it 6× “Louis, Missouri, asserting five counts arising from Defendants’ alleged creation and use of the e-delivery system: (I) breach of contract, (II) breach of implied covenant of good faith and fair dealing, (III) tortious interference with business expectancy, (IV) malicious…”
Hamilton v. Auto. Club of Missouri, No. 4:20-cv-01208 (E.D. Mo. Dec. 3, 2021). · cites it 4× “[6], asserting two counts against Defendant for violating the Missouri Merchandising Practices Act (“MMPA”) (Count I) and for malicious trespass, under Mo. Rev. Stat. § 537.330 (Count II). She alleges Amtrak employees intentionally and unjustly delayed her boarding of an Amtrak…”
Harris v. Univ. of Missouri (UM), No. 4:22-cv-01194 (E.D. Mo. Apr. 16, 2024). · cites it 3× “Pro Se Plaintiff Denise Harris alleges numerous claims related to the Defendant’s categorization and treatment of her thesis, including malicious trespass under Mo. Rev. Stat. § 537.330 ; violations of Art.”
Aaron Roesch v. Aaron Birch-Edmundson, 667 S.W.3d 679 (Mo. Ct. App. 2023). · cites it 3× “Roesch amended his petition and ultimately claimed approximately $44,000 in damages to include depreciation, ride expenses, and double damages pursuant to Section 537.330, RSMo (2016). The parties litigated numerous motions to compel discovery.”
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