Missouri Revised Statutes

Mo. Rev. Stat. § 556.031 (2026)

Application to offenses committed before and after enactment

✓ current as of May 2026

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556.031. Application to offenses committed before and after enactment. — 1. The provisions of this code shall govern the construction and punishment for any offense defined in this code and committed after January 1, 1979, as well as the construction and application of any defense to a prosecution for such an offense.

2. Offenses defined outside of this code and not repealed shall remain in effect, but unless otherwise expressly provided or unless the context otherwise requires, the provisions of this code shall govern the construction of any such offenses committed after January 1, 1979, as well as the construction and application of any defense to a prosecution for such offenses.

3. The provisions of this code do not apply to or govern the construction of and punishment for any offense committed prior to January 1, 1979, or the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been enacted, the provisions of section 1.160 notwithstanding.

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(L. 1977 S.B. 60)

Effective 1-01-79

Notes of Decisions

Cited in 25 cases, 1979–2018 · leading case: State v. Bullington, 680 S.W.2d 238 (Mo. Ct. App. 1984).

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State v. Bullington, 680 S.W.2d 238 (Mo. Ct. App. 1984). · cites it 24× “As we observed in the previous portion of this opinion which considered appellant's claim under the statute of limitations, § 556.031 limits application of 1977 criminal code changes to the prosecution of crimes committed after January 1, 1979.”

State v. Goddard, 649 S.W.2d 882 (Mo. 1983). · cites it 6× “046, supra, of The Criminal Code applies here and requires that the judgment be reversed and the cause remanded for new trial.”

State Ex Rel. Peach v. Bloom, 576 S.W.2d 744 (Mo. 1979). · cites it 8× “” The respondent argues that the savings clause in § 556.031 (“the provisions of section 1.160, RSMo, notwithstanding”) has reference to the range of punishment for the crime and substantive matters which must be determined by the pre-code law, but that the “proceedings” or…”

State v. Baker, 636 S.W.2d 902 (Mo. 1982). · cites it 4× “The effect of § 556.031, RSMo 1978, is that crimes committed prior to January 1, 1979, are not governed by the Code.”

State Ex Rel. Eggers v. Enright, 609 S.W.2d 381 (Mo. 1980). · cites it 6× “) [5] Section 556.031, RSMo 1978, in pertinent part provides: 1.”

State v. Bey, 599 S.W.2d 243 (Mo. Ct. App. 1980). · cites it 12× “These authorities require and we reaffirm the construction of Section 556.031, to restrict application of penalty provisions in the new criminal code to offenses committed on and after January 1, 1979, and to require assessment of punishment for offenses committed before that…”

State v. Brown, 636 S.W.2d 929 (Mo. 1982). · cites it 4× “Contrary to the argument as made, the prior trial and conviction, having been had prior to the amendment noted, retained its status as a "felony" rape conviction and sentence both by statutory enactment and judicial construction.”

State v. Graham, 149 S.W.3d 465 (Mo. Ct. App. 2004). · cites it 3× “2 Although a new criminal *467 code went into effect on January 1, 1979, section 556.031 RSMo 1978 addressed the issue of crimes committed prior to January 1, 1979.”

State v. O'DELL, 684 S.W.2d 453 (Mo. Ct. App. 1984). · cites it 4× “See § 556.031. In summary, "[I]t is well established in this state that any person involved in the underlying felony may be held accountable for every homicide committed in the perpetration of the felony even though the fatal act was committed by a co-felon.”

State v. Munson, 714 S.W.2d 515 (Mo. 1986). · cites it 4× “The drug paraphernalia laws are not part of the Code.”

State v. Danforth, 654 S.W.2d 912 (Mo. Ct. App. 1983). · cites it 2× “The code provided, in § 556.031, that "1. The provisions of this code shall govern the construction and punishment for any offense defined in this code and committed after January 1, 1979 .”

State v. Thornton, 651 S.W.2d 164 (Mo. Ct. App. 1983). · cites it 3× “The court agreed that the procedural Second Offender Act would not control a case tried after that Act had been superceded, absent the legislature’s specific provision for such a case in § 556.031 RSMo 1978. Id. at 746. The Peach court answered the defendant’s contention by…”

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— Mo. Rev. Stat. § 556.031(1) — 1 case

State v. Bey, 599 S.W.2d 243 (Mo. Ct. App. 1980). “These authorities require and we reaffirm the construction of Section 556.031, to restrict application of penalty provisions in the new criminal code to offenses committed on and after January 1, 1979, and to require assessment of punishment for offenses committed before that…”

— Mo. Rev. Stat. § 556.031(3) — 4 cases

State Ex Rel. Peach v. Bloom, 576 S.W.2d 744 (Mo. 1979). “” The respondent argues that the savings clause in § 556.031 (“the provisions of section 1.160, RSMo, notwithstanding”) has reference to the range of punishment for the crime and substantive matters which must be determined by the pre-code law, but that the “proceedings” or…”

State v. Bullington, 680 S.W.2d 238 (Mo. Ct. App. 1984). “As we observed in the previous portion of this opinion which considered appellant's claim under the statute of limitations, § 556.031 limits application of 1977 criminal code changes to the prosecution of crimes committed after January 1, 1979.”

State v. Crow, 600 S.W.2d 162 (Mo. Ct. App. 1980).

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