Mo. Rev. Stat. » Chapter 563
Missouri Revised Statutes

Mo. Rev. Stat. § 563.070 (2026)

Accidents an excuse for offense, when

✓ current as of May 2026
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  563.070.  Accidents an excuse for offense, when. — 1.  Conduct which would otherwise constitute an offense under chapter 565 is excusable and not criminal when it is the result of accident in any lawful act by lawful means without knowingly causing or attempting to cause physical injury and without acting with criminal negligence.

  2.  The defendant shall have the burden of injecting the issue of excuse authorized under this section.

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(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2014 S.B. 491)

Effective 1-01-17

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1968–2025 · leading case: State v. Smith, 431 S.W.2d 74 (Mo. 1968).
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State v. Smith, 431 S.W.2d 74 (Mo. 1968). · cites it 12× “Defendant was found guilty by a jury of knowingly transporting a female through the state for the purpose of prostitution in violation of Section 563.070, (all section references are to RSMo 1959, V.”
State v. Mallett, 732 S.W.2d 527 (Mo. 1987). · cites it 4× “No need exists, however, for a separate instruction on accident because, under the current Missouri statute on the defense of accident, § 563.070, RSMo 1986 (effective October 1, 1984, five months before the murder of Trooper Froemsdorf), a finding of the elements of any…”
State v. Reyes, 740 S.W.2d 257 (Mo. Ct. App. 1987). · cites it 8× “In view of the changes in the law resulting from the passage of § 563.070, effective on October 1, 1984, the defendant's reliance on Cook, supra, 696 S.”
State v. Franklin, 752 S.W.2d 937 (Mo. Ct. App. 1988). · cites it 6× “Pursuant to Section 563.070, RSMo (1986), conduct which would constitute a crime under Chapter 565 "is excusable and not criminal when it is the result of accident in any lawful act by lawful means without knowingly causing or attempting to cause physical injury and without…”
State v. Miller, 772 S.W.2d 782 (Mo. Ct. App. 1989). · cites it 4× “See § 563.070, RSMo Supp.1984; Black's Law Dictionary 30-31 (4th ed.”
State v. Simmons, 751 S.W.2d 85 (Mo. Ct. App. 1988). · cites it 2× “Section 563.070, R.S.Mo., 1986. State v. Branch, — S.”
State v. Mason, 571 S.W.2d 246 (Mo. 1978). · cites it 2× “uing without intermission or recurring regularly after minute interruptions * * ” The word “through” is defined by the same dictionary as: “1 a * * * (3) — used as a function word to indicate extension from one end or boundary (as of a place or area) to another [a road * * * the…”
State v. Huff, 789 S.W.2d 71 (Mo. Ct. App. 1990). · cites it 2× “*79 Huff’s tendered instruction A on excusable accident is based on § 563.070, RSMo (1986) which reads: 1. Conduct which would otherwise constitute a crime under chapter 565, RSMo, is excusable and not criminal when it is the result of accident in any lawful act by lawful means…”
State v. Robinson, 555 S.W.2d 667 (Mo. Ct. App. 1977). · cites it 2× “PER CURIAM Defendant appeals his felony conviction for transporting a female through the State for the purpose of prostitution — a § 563.070 RSMo 1969 violation. Defendant’s brief is flagrantly deficient and preserves nothing for review.”
State v. Young, 844 S.W.2d 541 (Mo. Ct. App. 1992). · cites it 2× “No need exists for a separate instruction on accident, because under § 563.070, RSMo 1986, on the defense of accident, a finding of the elements of any homicide offense is inconsistent with such a defense.”
State v. Garner, 800 S.W.2d 785 (Mo. Ct. App. 1990). · cites it 2× “Missouri Revised Statutes § 563.070 (1986) provides that conduct which would constitute a crime under RSMo Chapter 565 “is excusable and not criminal when it is the result of accident in any lawful act by lawful means without knowingly causing or attempting to cause physical…”
State v. Bates, 751 S.W.2d 758 (Mo. 1988). · cites it 2× “The defendant was entitled to present his “accident” claim under § 563.070, RSMo 1986, by evidence and argument, but evidence of accident refutes the essential elements of the offense as set out in the verdict director and a specific instruction is not necessary.”
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