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Missouri Revised Statutes

Mo. Rev. Stat. § 541.033 (2026)

Offenses, where prosecuted

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  541.033.  Offenses, where prosecuted. — 1.  Persons accused of committing offenses against the laws of this state, except as may be otherwise provided by law, shall be prosecuted:

  (1)  In the county in which the offense is committed; or

  (2)  If the offense is committed partly in one county and partly in another, or if the elements of the crime occur in more than one county, then in any of the counties where any element of the offense occurred.

  2.  Persons accused of committing the offenses of identity theft against the laws of this state in sections 570.223, 570.224, and 575.120 shall be prosecuted:

  (1)  In the county in which the offense is committed;

  (2)  If the offense is committed partly in one county and partly in another, or if the elements of the offense occur in more than one county, then in any of the counties where any element of the offense occurred;

  (3)  In the county in which the victim resides; or

  (4)  In the county in which the property obtained or attempted to be obtained was located.

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(L. 1965 p. 661 § 1, A.L. 2004 H.B. 959)

Notes of Decisions
Cited in 32 cases, 1968–2010 · leading case: State ex rel. Linthicum v. Calvin, 57 S.W.3d 855 (Mo. 2001).
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State ex rel. Linthicum v. Calvin, 57 S.W.3d 855 (Mo. 2001). · cites it 6× “Section 541.033, RSMo 2000. Missouri adopted constitutions, following constitutional conventions, in 1820, 1865, 1875, and 1945.”
State v. Rollie, 585 S.W.2d 78 (Mo. Ct. App. 1979). · cites it 8× “This constitutional guarantee is further supported by statute, see § 541.033, RSMo 1969, which provides: “Persons accused of committing offenses against the laws of this state, except as may be otherwise provided by law, shall be prosecuted: 1.”
Leisure v. State, 828 S.W.2d 872 (Mo. 1992). · cites it 4× “Section 541.033 RSMo 1986 provides as follows: Persons accused of committing offenses against the laws of this state, except as may be otherwise provided by law, shall be prosecuted: (1) In the county in which the offense is committed; or (2) If the offense is committed partly…”
State v. Harvey, 730 S.W.2d 271 (Mo. Ct. App. 1987). · cites it 10× “Louis County has concurrent jurisdiction with the state in which the murder occurred.”
State v. Hook, 433 S.W.2d 41 (Mo. Ct. App. 1968). · cites it 8× “Thereafter, by Laws of 1965, page 661, Section 1, the General Assembly enacted what is now Section 541.033, V.A. M.S., which reads as follows: “Persons accused of committing offenses against the laws of this state, except as may be otherwise provided by law, shall be prosecuted:…”
Searcy v. State, 981 S.W.2d 597 (Mo. Ct. App. 1998). · cites it 4× “§ 541.033(1), RSMo 1994. If the offense is committed partly in one county and partly in another county, or if the elements of the crime occur in more than one county, then the prosecution may be had in any of the counties where any element of the offense occurred.”
State v. Dailey, 53 S.W.3d 580 (Mo. Ct. App. 2001). · cites it 3× “Section 541.033, RSMo 2000. “A person commits the crime of failure to return to confinement if, .”
State v. Luckett, 770 S.W.2d 399 (Mo. Ct. App. 1989). · cites it 3× “Louis had jurisdiction *403 pursuant to § 541.033, RSMo 1986. The State later filed a substitute information in lieu of indictment which asserted that §§ 541.”
Eichelberger v. State, 524 S.W.2d 890 (Mo. Ct. App. 1975). · cites it 3× “Section 541.033 RSMo 1969, V.A. M.S., the state statute parallel to the Sixth Amendment of the U.”
Nelson v. State, 537 S.W.2d 689 (Mo. Ct. App. 1976). · cites it 2× “I, § 18(a); § 541.033, RSMo 1969. But venue is not an integral part of a criminal offense and need not be proved beyond a reasonable doubt or by direct evidence, but may be inferred from all the evidence in the case.”
State v. Speedy, 543 S.W.2d 251 (Mo. Ct. App. 1976). · cites it 2× “See also § 541.033 RSMo 1969. But, as held in numerous cases, including Eicheiberger v.”
State v. Seaton, 817 S.W.2d 535 (Mo. Ct. App. 1991). · cites it 3× “Section 541.033(2), RSMo. (1986). Jackson v.”
Show all 32 citing cases →
Mo. Rev. Stat. § 541.033(1): 2 cases
Searcy v. State, 981 S.W.2d 597 (Mo. Ct. App. 1998). “§ 541.033(1), RSMo 1994. If the offense is committed partly in one county and partly in another county, or if the elements of the crime occur in more than one county, then the prosecution may be had in any of the counties where any element of the offense occurred.”
State v. Johnson, 782 S.W.2d 827 (Mo. Ct. App. 1990).
Mo. Rev. Stat. § 541.033(2): 8 cases
State v. Rollie, 585 S.W.2d 78 (Mo. Ct. App. 1979). “This constitutional guarantee is further supported by statute, see § 541.033, RSMo 1969, which provides: “Persons accused of committing offenses against the laws of this state, except as may be otherwise provided by law, shall be prosecuted: 1.”
State v. Harvey, 730 S.W.2d 271 (Mo. Ct. App. 1987). “Louis County has concurrent jurisdiction with the state in which the murder occurred.”
Leisure v. State, 828 S.W.2d 872 (Mo. 1992). “Section 541.033 RSMo 1986 provides as follows: Persons accused of committing offenses against the laws of this state, except as may be otherwise provided by law, shall be prosecuted: (1) In the county in which the offense is committed; or (2) If the offense is committed partly…”
State v. Seaton, 817 S.W.2d 535 (Mo. Ct. App. 1991). “Section 541.033(2), RSMo. (1986). Jackson v.”
State v. Madewell, 904 S.W.2d 66 (Mo. Ct. App. 1995).
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