New York Criminal Procedure Law Section 20.40 - Geographical Jurisdiction Of Offenses; Jurisdiction Of Counties.

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    § 20.40 Geographical jurisdiction of offenses; jurisdiction of counties.
    A  person  may  be  convicted  in  an  appropriate criminal court of a
  particular county, of an offense of which the criminal  courts  of  this
  state  have  jurisdiction pursuant to section 20.20, committed either by
  his own conduct or by the conduct of another for  which  he  is  legally
  accountable pursuant to section 20.00 of the penal law, when:
    1. Conduct occurred within such county sufficient to establish:
    (a) An element of such offense; or
    (b) An attempt or a conspiracy to commit such offense; or
    2.  Even though none of the conduct constituting such offense may have
  occurred within such county:
    (a) The offense committed was a result offense and the result occurred
  in such county; or
    (b) The offense committed was one of homicide and the victim's body or
  a part thereof was found in such county; or
    (c) Such conduct had, or was likely to have, a particular effect  upon
  such  county  or  a  political  subdivision  or  part  thereof,  and was
  performed with intent that it would,  or  with  knowledge  that  it  was
  likely to, have such particular effect therein; or
    (d)   The  offense  committed  was  attempt,  conspiracy  or  criminal
  solicitation to commit a crime in such county; or
    (e) The offense  committed  was  criminal  facilitation  of  a  felony
  committed in such county; or
    3. The offense committed was one of omission to perform a duty imposed
  by law, which duty either was required to be or could properly have been
  performed  in  such  county. In such case, it is immaterial whether such
  person was within or outside such county at the time of the omission; or
    4. Jurisdiction of such offense is accorded  to  the  courts  of  such
  county pursuant to any of the following rules:
    (a) An offense of abandonment of a child or non-support of a child may
  be  prosecuted  in (i) any county in which such child resided during the
  period of abandonment or non-support, or (ii) any county in  which  such
  person  resided  during  such  period, or (iii) any county in which such
  person was present during such period, provided that he was arrested for
  such offense  in  such  county  or  the  criminal  action  therefor  was
  commenced while he was present therein.
    (b)  An  offense  of  bigamy may be prosecuted either in the county in
  which such offense was committed or in (i) any county in which  bigamous
  cohabitation  subsequently  occurred,  or  (ii) any county in which such
  person was present after the commission of the offense, provided that he
  was arrested for such offense in such  county  or  the  criminal  action
  therefor was commenced while he was present therein.
    (c)  An offense committed within five hundred yards of the boundary of
  a particular county, and in an adjoining county of this  state,  may  be
  prosecuted in either such county.
    (d) An offense committed anywhere on the Hudson river southward of the
  northern  boundary of New York City, or anywhere on New York bay between
  Staten Island and Long Island, may be prosecuted  in  any  of  the  five
  counties of New York City.
    (e)  An  offense  committed  upon  any  bridge or in any tunnel having
  terminals in different  counties  may  be  prosecuted  in  any  terminal
  county.
    (f)  An  offense  committed  on  board  a  railroad train, aircraft or
  omnibus operating as a common carrier may be prosecuted  in  any  county
  through  or  over which such common carrier passed during the particular
  trip, or in any county in which such trip terminated or was scheduled to
  terminate.
    (g) An offense committed in a private vehicle during  a  trip  thereof
  extending  through  more than one county may be prosecuted in any county
  through which such vehicle passed in the course of such trip.
    (h)  An offense committed on board a vessel navigating or lying in any
  river, canal or lake flowing through or situated within this state,  may
  be  prosecuted  in  any  county bordering upon such body of water, or in
  which it is located, or through which it passes; and if such offense was
  committed upon a vessel  operating  as  a  common  carrier,  it  may  be
  prosecuted  in  any  county  bordering upon any body of water upon which
  such vessel navigated or passed during the particular trip.
    (i) An offense committed in the Atlantic  Ocean  within  two  nautical
  miles  from  the  shore  at  high  water  mark  may  be prosecuted in an
  appropriate court of the county the shore line of which  is  closest  to
  the  point  where the offense was committed. A crime committed more than
  two nautical miles from the shore but within the boundary of this  state
  may  be  prosecuted in the supreme court of the county the shore line of
  which is closest to the point where the crime was committed.
    (j) An offense of forgery may be prosecuted in any county in which the
  defendant, or  another  for  whose  conduct  the  defendant  is  legally
  accountable  pursuant  to  section 20.00 of the penal law, possessed the
  instrument.
    (k) An offense of offering of a false instrument  for  filing,  or  of
  larceny  by  means of a false pretense therein, may be prosecuted (i) in
  any county in which such instrument was executed, in whole or  in  part,
  or  (ii)  in  any county in which any of the goods or services for which
  payment or reimbursement is sought by  means  of  such  instrument  were
  purported to have been provided.
    (l)  An  offense  of identity theft or unlawful possession of personal
  identification information may be prosecuted (i) in any county in  which
  part  of  the offense took place regardless of whether the defendant was
  actually present in such county, or (ii) in  the  county  in  which  the
  person  who suffers financial loss resided at the time of the commission
  of the offense, or (iii) in the county where the person  whose  personal
  identification  information  was  used  in the commission of the offense
  resided at the time of the commission of the offense.

Last modified: July 30, 2006