Culpable mental state may exist though different person killed
If someone means to kill one person but accidentally kills a different person instead, the law still counts it as intentional. The mental state — meaning the intent to kill — transfers to whoever actually gets killed. Also, it does not matter how much time passes between the harmful act and when the person actually dies. The charge of homicide still applies.
565.003. may exist though different person killed — , when — time between act and death no . — 1. (1) The culpable mental state necessary for a may be found to exist if the only difference between what actually occurred and what was the object of the 's state of mind is that a different person or persons were killed.
(2) It shall not be a defense to a charge that the identity of the person the offender intended to kill cannot be established. If the state proves that the offender had the toward a specific person or a general class of persons who are not identified or who are not identifiable, such intent shall be red to a person who is killed by the offender while such mental state existed.
2. The length of time which transpires between conduct which results in a death and is the basis of a homicide offense and the event of such death is no defense to any charge of homicide.
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Source & history notes
(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2023 S.B. 227)
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