Missouri Defamation Statute of Limitations
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
Missouri defamation SOL — § 516.140
Missouri Revised Statutes § 516.140 lists actions subject to 2-year SOL: "All actions against any persons, partnerships, corporations, joint stock associations, joint stock companies, voluntary associations or limited liability companies for libel, slander, assault and battery, false imprisonment or criminal conversation." The 2-year period is longer than the 1-year defamation SOL in many other states. The clock runs from publication — when the defamatory statement is communicated to a third party. Missouri courts have generally followed the single publication rule for both print and online defamation.
Single publication rule in Missouri
Missouri follows the single publication rule (Restatement (Second) of Torts § 577A). Any single edition or printing gives rise to only one cause of action accruing on the publication date. For online defamation, Missouri applies the rule to the initial posting date — not each subsequent view, share, or download. Modifications to the original post can restart the SOL as separate causes of action. Roberts v. Berry, 541 S.W.3d 668 (Mo. App. 2017) confirmed Missouri's application of single publication rule to internet content.
Discovery rule application — limited
Missouri courts have generally not extended a "discovery rule" to defamation claims. The SOL runs from publication regardless of when the plaintiff learned of the statement. Limited exceptions for cases involving defendant concealment, fraud, or publication in forums the plaintiff could not reasonably monitor. Most Missouri defamation cases must be filed within 2 years of publication. Plaintiffs learning of defamation more than 2 years after publication are typically time-barred.
Comparison with neighboring states and Texas
Missouri: 2 years (§ 516.140). Texas: 1 year (CPRC § 16.002). Ohio: 1 year (§ 2305.11). Kansas: 1 year (Stat. § 60-514). Oklahoma: 1 year (Stat. § 12-95). Iowa: 2 years (Iowa Code § 614.1(1)). Missouri stands with Iowa among the longer-SOL states regionally. Plaintiffs with cross-state defamation claims involving Missouri may have longer to file than under Texas or Oklahoma law — significant for forum selection in multi-state cases.
Procedural considerations — Missouri anti-SLAPP
Missouri does not have a comprehensive anti-SLAPP statute comparable to Texas's Citizens Participation Act (CPRC Chapter 27). Missouri's SLAPP-related statute (§ 537.528) applies narrowly to defendants in actions involving free speech in connection with public meetings of government bodies. The narrow scope means defamation defendants in Missouri generally cannot move for early dismissal with mandatory fee award the way Texas defendants can under TCPA. This procedural difference makes Missouri a more plaintiff-friendly forum for defamation claims than Texas.
Texas Penalty Group 3 Charges by Weight
| Weight | Offense | Range |
|---|---|---|
| Under 28 g | Class A misdemeanor | Up to 1 year county jail + $4,000 |
| 28-200 g | 3rd degree felony | 2-10 years |
| 200-400 g | 2nd degree felony | 2-20 years |
| 400 g+ | 1st degree enhanced | 5-99 years/life + $100K |
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
How long do I have to file a defamation lawsuit in Missouri?
Two years from publication under Missouri Revised Statutes § 516.140. The clock starts when the defamatory statement is communicated to a third party — not when you learn of it.
Does Missouri's SOL apply to online defamation?
Yes — the single publication rule applies. SOL runs from initial posting date, not from each subsequent view. Republication by the same defendant or modification of the original may restart the SOL.
Is Missouri's defamation SOL longer than Texas?
Yes — Missouri is 2 years; Texas is 1 year. Multi-state defamation cases involving both Missouri and Texas may have different filing deadlines depending on the forum chosen.
Does Missouri have an anti-SLAPP statute?
Limited — § 537.528 applies narrowly to free speech in connection with public meetings of government bodies, not general defamation. Missouri lacks the comprehensive anti-SLAPP framework of Texas, California, or Washington. Defamation defendants in Missouri have fewer procedural protections.
Can Missouri defamation claims include online posts?
Yes — social media, blog posts, review sites, and email all qualify as defamation forums under Missouri law. SOL applies to initial posting date. Defamation per se (false statements of crime, disease, professional incompetence, unchastity) presumes damages; defamation per quod requires proof of special damages.
