Texas Penal Code - Section 1.04. Territorial Jurisdiction
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§ 1.04. TERRITORIAL JURISDICTION. (a) This state has
jurisdiction over an offense that a person commits by his own
conduct or the conduct of another for which he is criminally
responsible if:
(1) either the conduct or a result that is an element
of the offense occurs inside this state;
(2) the conduct outside this state constitutes an
attempt to commit an offense inside this state;
(3) the conduct outside this state constitutes a
conspiracy to commit an offense inside this state, and an act in
furtherance of the conspiracy occurs inside this state; or
(4) the conduct inside this state constitutes an
attempt, solicitation, or conspiracy to commit, or establishes
criminal responsibility for the commission of, an offense in
another jurisdiction that is also an offense under the laws of this
state.
(b) If the offense is criminal homicide, a "result" is
either the physical impact causing death or the death itself. If
the body of a criminal homicide victim is found in this state, it is
presumed that the death occurred in this state. If death alone is
the basis for jurisdiction, it is a defense to the exercise of
jurisdiction by this state that the conduct that constitutes the
offense is not made criminal in the jurisdiction where the conduct
occurred.
(c) An offense based on an omission to perform a duty
imposed on an actor by a statute of this state is committed inside
this state regardless of the location of the actor at the time of
the offense.
(d) This state includes the land and water and the air space
above the land and water over which this state has power to define
offenses.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
Section: 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 2.01 2.02 2.03 2.04 2.05 3.01 3.02
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Last modified: August 10, 2007
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