Section 16-21 Time limitations.


    (a) Except as otherwise provided in this section, prosecutions for offenses must be commenced within the following periods of limitation:

    (1)    For any misdemeanor, one year;

    (2)    For any infraction, six (6) months.

    (b) If the period prescribed in paragraph (a) of this section has expired, a prosecution may nevertheless be commenced for:

    (1)    Any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by the aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself not a party to the offense, but in no case shall this provision extend the period of limitation by more than three (3) years; and

    (2)    Any offense based upon misconduct in office by a public officer or employee at any time the defendant is in public office or employment or within two (2) years thereafter, but in no case shall this provision extend the period of limitation by more than three (3) years.

    (c) An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed.

    (d) A prosecution is commenced when an information is filed.

    (e) The period of limitation does not run:

    (1)    During any time when the accused is absent from the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than three (3) years; or

    (2)    During any time when the accused is concealing himself from justice either within or without this state; or

    (3)    During any time when a prosecution against the accused for the offense is pending in this state.

(Code 1964, § 7.425)

     State law reference(s)--Similar provisions, RSMo. § 556.036.