Missouri Revised Statutes
Mo. Rev. Stat. § 540.120 (2026)
Penalty for violation of oath
✓ current as of May 2026
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540.120. Penalty for violation of oath. — Any person having taken the oath required pursuant to section 540.110, who shall willfully violate the same, shall be adjudged guilty of a class B misdemeanor.
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(RSMo 1939 § 3907, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3518; 1919 § 3863; 1909 § 5071
(1959) Proceedings before grand jury, other than matters within antidisclosure provisions of section 540.310, held admissible in evidence in quo warranto proceeding to oust prosecuting attorney. State ex inf. Dalton v. Moody (Mo.), 325 S.W.2d 21.
Notes of Decisions
Cited in 6
cases, 1956–2019 · leading case: Mannon v. Frick, 295 S.W.2d 158 (Mo. 1956).
Mannon v. Frick, 295 S.W.2d 158 (Mo. 1956). “” Section 540.120 provides a penalty for the violation of that oath.”
Doe v. McCulloch, 542 S.W.3d 354 (Mo. Ct. App. 2017). “Doe did not challenge the applicability of § 540.120 in the petition before us. The trial court explained: [Doe] alleges that sections 540.”
Doe v. Bell, 367 F. Supp. 3d 966 (E.D. Mo. 2019). “Section 540.120 does not apply to Juror, it only prevents witnesses who appeared before the grand jury from violating an oath of secrecy imposed by § 540.”
Palmentere v. Campbell, 205 F. Supp. 261 (W.D. Mo. 1962). “” Section 540.120 RSMo 1949, V.A.M.S., provides: “Any person having taken said oath as aforesaid, who shall willfully violate the same, shall be adjudged guilty of a misdemeanor, and, upon conviction, be punished by a *264 fine of not less than one hundred nor more than two…”
State v. Eyman, 828 S.W.2d 883 (Mo. Ct. App. 1992). “§§ 540.120, .320. The presence of an unauthorized person in the presence of a grand jury when it conducts business has resulted in dismissal of the indictment.”
State ex inf. Dalton v. Moody, 325 S.W.2d 21 (Mo. 1959). “mnly swear, or affirm, that you will not after your examination here, directly or indirectly, divulge or make known to any person or persons the fact that this grand jury has or has had under consideration the matters concerning which you shall be examined, or any other fact or…”
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