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Missouri Statewide Rule

Missouri Has No General Stop-and-Identify Law, Only a Witness Duty

Light RestrictionsApplies statewide across Missouri (2026)

Key Facts

General duty to identify
None. Missouri has no statute requiring a detained person to give a name on request
Witness duty
Mo. Rev. Stat. § 575.190 requires name and present address from someone who knows he or she witnessed part of an offense or an injury or substantial-property-damage incident
Witness refusal penalty
Class C misdemeanor: up to 15 days under § 558.011.1(8) and up to $750 under § 558.002.1(4)
Driver duty
Mo. Rev. Stat. § 302.181.3 requires the licence to be carried while driving and displayed on demand
Effect of not producing a licence
Presumptive evidence of unlicensed operation, charged under § 302.020.1(1) as a class D misdemeanor on a first conviction, fine capped at $500
Passengers
No display duty. Section 302.181.3 binds only the licence holder while driving
False name risk
§ 575.190 punishes a false report of name by a witness; § 575.080 makes knowingly false information a class B misdemeanor with a retraction defense
Last verified: September 2, 2026

Summary

Missouri never enacted a general stop-and-identify statute. A person detained on suspicion of an offense commits no Missouri crime by declining to give a name. The two identification duties the Revised Statutes do create are narrow and specific: Mo. Rev. Stat. § 575.190 makes it a class C misdemeanor for someone who knows he or she witnessed part of an offense, or an incident causing physical injury or substantial property damage, to refuse or falsify a name and present address to an officer, and Mo. Rev. Stat. § 302.181.3 requires a driver to carry a licence and display it on demand. Everything else is voluntary.

575.190. Refusal to identify as a witness — penalty. — 1. A person commits the offense of refusal to identify as a witness if, knowing he or she has witnessed any portion of an offense, or of any other incident resulting in physical injury or substantial property damage, he or she refuses to report or gives a false report of his or her name and present address to a law enforcement officer engaged in the performance of his or her duties.

2. The offense of refusal to identify as a witness is a class C misdemeanor.

Full Breakdown

The witness duty is the closest thing Missouri has to a stop-and-identify law, and its trigger is knowledge, not suspicion. Section 575.190.1 applies to a person "knowing he or she has witnessed any portion of an offense, or of any other incident resulting in physical injury or substantial property damage." It reaches both silence and lies: refusing to report, or giving a false report, of "his or her name and present address" to an officer engaged in the performance of duties. Note what is not on the list. The statute does not require a date of birth, an address history, a phone number, employment details, or identification documents, and it says nothing about a person who is the suspect rather than the witness. Section 575.190.2 grades the offense as a class C misdemeanor, the lowest class Missouri jails for, punishable by up to fifteen days under Mo. Rev. Stat. § 558.011.1(8) and a fine of up to seven hundred fifty dollars under § 558.002.1(4).

The driving duty comes from a different chapter and applies only while you are operating. Section 302.181.3 provides that the licence "shall be carried at all times by the holder thereof while driving a motor vehicle, and shall be displayed upon demand of any officer of the highway patrol, or any police officer or peace officer, or any other duly authorized person, for inspection when demand is made therefor." The same subsection sets the consequence: failure to exhibit the licence "shall be presumptive evidence that such person is not a duly licensed operator," which routes the driver into Mo. Rev. Stat. § 302.020.1(1). Under § 302.020.3 a first conviction for operating without a valid licence is a class D misdemeanor, a class for which § 558.011 authorises no jail term at all and § 558.002.1(5) caps the fine at five hundred dollars. A second conviction is a class A misdemeanor and a third or subsequent conviction is a class E felony. A passenger in the same car is under no display duty, because the subsection speaks only to the holder while driving.

Missouri's separate compulsion statutes reach conduct, not identity. Mo. Rev. Stat. § 575.150.1, rewritten by H.B. 495 with effect from August 28, 2025, makes resisting your own arrest, stop or detention an offense only where you use or threaten violence or physical force or flee, and makes interfering with someone else's an offense only through violence, threatened physical force, or physical interference. Silence is none of those. Mo. Rev. Stat. § 575.145.1 imposes a duty on a driver, or a rider of an animal on a Missouri highway, to stop on an officer's signal and obey reasonable directions given in directing traffic, and § 575.145.2 grades willful refusal as a class A misdemeanor. That reaches movement, not speech. Mo. Rev. Stat. § 574.060 makes it a class C misdemeanor to refuse a lawful command to leave the scene of an unlawful assembly or riot, again a duty to move rather than to identify.

The risk in Missouri is not silence but invention. Section 575.190.1 punishes a false name from a witness, and Mo. Rev. Stat. § 575.080.1(1) makes it a class B misdemeanor to knowingly give false information to any person for the purpose of implicating another in an offense, or under § 575.080.1(2) to report to an officer that an offense has occurred when it has not. Section 575.080.2 gives a defense where the speaker retracts the false statement before anyone takes substantial action in reliance on it, and § 575.080.3 puts the burden of injecting that issue on the defendant. A class B misdemeanor carries up to six months under § 558.011.1(7) and a fine to one thousand dollars under § 558.002.1(3).

Missouri also writes explicit anti-pretext language into a few traffic provisions, which is useful context for anyone stopped and asked who they are. Mo. Rev. Stat. § 302.020.2 sets a motorcycle helmet rule for riders under twenty-six and then says flatly that "No person shall be stopped, inspected, or detained solely to determine compliance with this subsection." And Mo. Rev. Stat. § 590.650.5(1) requires every Missouri law enforcement agency to adopt a written policy prohibiting the practice of routinely stopping members of minority groups for vehicle violations as a pretext for investigating other crimes, with a duty under § 590.650.5(2) to review the Attorney General's annual figures for disproportionate patterns and under § 590.650.5(3) to counsel and retrain an officer found to have engaged in race-based stops within ninety days of the review.

Violations & Penalties

Refusal to identify as a witness under Mo. Rev. 1(4). 1(5) and no authorised jail term, rising to a class A misdemeanor on a second conviction and a class E felony on a third. 2. Charges are prosecuted by the county prosecuting attorney, or the circuit attorney in the City of St. Louis, in the associate circuit division, and municipal identification ordinances are enforced in municipal division. If you believe the stop itself was unlawful, the vehicle for challenging it is a motion to suppress under Mo.

Rev. 5(5) expressly lists a violation of Section 15 of Article I of the Missouri Constitution as a ground. 3 with the analysis published by June 1.

Frequently Asked Questions

Do I have to give my name to a Missouri police officer?
Only if you fall inside one of the two statutory duties. Mo. Rev. Stat. § 575.190 reaches a person who knows he or she witnessed part of an offense, or an incident causing physical injury or substantial property damage, and requires name and present address. Mo. Rev. Stat. § 302.181.3 reaches you while you are driving. Outside those, no Missouri statute makes refusal an offense.
Am I a witness under section 575.190 if the officer just says I am?
No. The statute turns on your own knowledge: it applies to a person "knowing he or she has witnessed any portion of an offense, or of any other incident resulting in physical injury or substantial property damage." An officer's assertion does not supply that knowledge, and the offense stops at your name and present address. It does not entitle an officer to a date of birth, a document, or an interview.
What if I am the passenger and the driver is stopped?
Section 302.181.3 puts the carry-and-display duty on the licence holder "while driving a motor vehicle," so it does not reach a passenger. Unless you witnessed an offense or a qualifying injury or property-damage incident within the meaning of § 575.190, Missouri law imposes no duty on a passenger to identify.
What happens if I am driving and left my licence at home?
Under § 302.181.3 the failure to exhibit is presumptive evidence that you are not a duly licensed operator, which supports a charge under § 302.020.1(1). A first conviction is a class D misdemeanor: § 558.011 authorises no jail term for that class and § 558.002.1(5) caps the fine at five hundred dollars. Producing the licence to the prosecutor is the practical answer, since the presumption is rebuttable.
Can I be arrested just for staying silent during a Missouri stop?
Not for the silence itself. The resisting statute, § 575.150.1, requires violence, threatened physical force, flight, or physical interference. Section 575.145 requires you to stop on signal and obey traffic directions. Neither reaches a refusal to speak. The real exposure is giving a false name, which § 575.190 and § 575.080 both punish.

Sources

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