565.003 Culpable mental state may exist though different person killed — transfer ...

565.003. Culpable mental state may exist though different person killed — transfer of intent, when — time between act and death no defense. — 1. (1) The culpable mental state necessary for a homicide offense may be found to exist if the only difference between what actually occurred and what was the object of the offender's state of mind is that a different person or persons were killed. (2) It shall not be a defense to a homicide charge that the identity of the person the offender intended to kill cannot be established. If the state proves beyond a reasonable doubt that the offender had the requisite mental state toward a specific person or a general class of persons who are not identified or who are not identifiable, such intent shall be transferred 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. (L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2023 S.B. 227)