Florida Statutes

Fla. Stat. § 910.005 (2025)

State criminal jurisdiction.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

910.005 State criminal jurisdiction.—

(1) A person is subject to prosecution in this state for an offense that she or he commits, while either within or outside the state, by her or his own conduct or that of another for which the person is legally accountable, if:

(a) The offense is committed wholly or partly within the state;

(b) The conduct outside the state constitutes an attempt to commit an offense within the state;

(c) The conduct outside the state constitutes a conspiracy to commit an offense within the state, and an act in furtherance of the conspiracy occurs in the state;

(d) The conduct within the state constitutes an attempt or conspiracy to commit in another jurisdiction an offense under the laws of both this state and the other jurisdiction; or

(e) The conduct constitutes a knowing violation of s. 286.011.

(2) An offense is committed partly within this state if either the conduct that is an element of the offense or the result that is an element, occurs within the state. In homicide, the “result” is either the physical contact that causes death, or the death itself; and if the body of a homicide victim is found within the state, the death is presumed to have occurred within the state.

(3) An offense that is based on an omission to perform a duty imposed by the law of this state is committed within the state, regardless of the location of the offender at the time of the omission.

History.—s. 72, ch. 70-339; s. 2, ch. 95-353; s. 1510, ch. 97-102.

Notes of Decisions

Cited in 30 cases (3 in the last 5 years), 1978–2025 · leading case: Black v. State, 819 So. 2d 208 (Fla. 1st DCA 2002).

Sort: Relevance Newest Treatment

Black v. State, 819 So. 2d 208 (Fla. 1st DCA 2002). · cites it 8× “§ 910.005(1), Fla. Stat. (1993). An offense is committed partly within the state, the statute [1] further declares, "if either the conduct that is an element of the offense or the result that is an element[ ] occurs *211 within the state.”

Simmons v. State, 934 So. 2d 1100 (Fla. 2006). · cites it 2× “§ 910.005(1)(a), Fla. Stat. (2003). Because a circuit court has original jurisdiction over felonies, including murder, we find that the trial court properly denied Simmons' motion to dismiss for lack of jurisdiction.”

Lane v. State, 388 So. 2d 1022 (Fla. 1980). · cites it 3× “005, we have broadened our jurisdiction to allow the trial of the homicide offense when the death occurs in the state or when an essential element of the homicide occurs in Florida even though the fatal blow was struck outside the state. The applicable provisions of section 910.”

Veldora Arthur v. JP Morgan Chase Bank, N.A., 569 F. App'x 669 (11th Cir. 2014). · cites it 3× “See Fla. Stat. § 910.005 . Under this statute, a person may be prosecuted in Florida if one of several conditions is met, including: “[t]he offense is committed wholly or partly within the state.”

Simmons v. State, 944 So. 2d 317 (Fla. 2006). · cites it 3× “" § 910.005(1)(a), Fla. Stat. (2005) (emphasis added); see also Simmons v.”

Ross v. State, 664 So. 2d 1004 (Fla. 4th DCA 1995). · cites it 7× “Based on our construction, we conclude that trafficking in cocaine which is destined for a location outside this jurisdiction may be a violation of this statute so long as the requirements for prosecution set forth in section 910.005 are met. The charge against the appellant was…”

State v. Roberts, 143 So. 3d 936 (Fla. 2d DCA 2014). · cites it 6× “Jurisdiction Statute Section 910.005, governing State criminal jurisdiction, provides as follows: *937 (1) A person is subject to prosecution in this state for an offense that she or he commits, while either within or outside the state, by her or his own conduct or that of…”

State v. Stepansky, 761 So. 2d 1027 (Fla. 2000). · cites it 4× “We found that because the element of premeditation occurred in Florida, jurisdiction was properly exercised under section 910.005(2), Florida Statutes (1977), which grants Florida jurisdiction over crimes committed partly within the state.”

Keen v. State, 504 So. 2d 396 (Fla. 1987). · cites it 2× “Recognizing that the fatal blow to the victim was probably struck in Alabama, we held that pursuant to section 910.005(2), Florida Statutes (1977), Florida had jurisdiction to try the defendant.”

Battle v. State, 365 So. 2d 1035 (Fla. 3d DCA 1978). · cites it 4× “In support of this position, appellee relies upon Section 910.005(1)(b), Florida Statutes (1975).”

State v. Dudley, 581 S.E.2d 171 (S.C. Ct. App. 2003). · cites it 2× “§ 13-108(A) (West 2001); Fla. Stat. Ann. § 910.005 (1) (West 2001); 720 Ill.”

State v. Lane, 771 P.2d 1150 (Wash. 1989). · cites it 2× “Fla. Stat. Ann. § 910.005 (West 1985) (part).”

Show all 30 citing cases →

— 910.005(1) — 5 cases

Black v. State, 819 So. 2d 208 (Fla. 1st DCA 2002). “§ 910.005(1), Fla. Stat. (1993). An offense is committed partly within the state, the statute [1] further declares, "if either the conduct that is an element of the offense or the result that is an element[ ] occurs *211 within the state.”

Domberg v. State, 518 So. 2d 1360 (Fla. 1st DCA 1988).

State v. Ruiz, 909 So. 2d 986 (Fla. 5th DCA 2005).

Sanders v. State, 77 So. 3d 914 (Fla. 4th DCA 2012).

Abraham Dejesus Rodriguez v. State of Florida (Fla. 4th DCA 2021).

— 910.005(1)(a) — 3 cases

Simmons v. State, 934 So. 2d 1100 (Fla. 2006). “§ 910.005(1)(a), Fla. Stat. (2003). Because a circuit court has original jurisdiction over felonies, including murder, we find that the trial court properly denied Simmons' motion to dismiss for lack of jurisdiction.”

Simmons v. State, 944 So. 2d 317 (Fla. 2006). “" § 910.005(1)(a), Fla. Stat. (2005) (emphasis added); see also Simmons v.”

Tarawneh v. State, 562 So. 2d 770 (Fla. 4th DCA 1990).

— 910.005(1)(b) — 2 cases

Battle v. State, 365 So. 2d 1035 (Fla. 3d DCA 1978). “In support of this position, appellee relies upon Section 910.005(1)(b), Florida Statutes (1975).”

State v. Saunders, 508 So. 2d 473 (Fla. 4th DCA 1987).

— 910.005(1)(c) — 3 cases

Tarawneh v. State, 562 So. 2d 770 (Fla. 4th DCA 1990).

Abdallah v. Sec'y, Dep't of Corr. (Duval Cnty.) (M.D. Fla. 2025).

— 910.005(1)(d) — 1 case

Ross v. State, 664 So. 2d 1004 (Fla. 4th DCA 1995). “Based on our construction, we conclude that trafficking in cocaine which is destined for a location outside this jurisdiction may be a violation of this statute so long as the requirements for prosecution set forth in section 910.005 are met. The charge against the appellant was…”

— 910.005(2) — 10 cases

State v. Stepansky, 761 So. 2d 1027 (Fla. 2000). “We found that because the element of premeditation occurred in Florida, jurisdiction was properly exercised under section 910.005(2), Florida Statutes (1977), which grants Florida jurisdiction over crimes committed partly within the state.”

Keen v. State, 504 So. 2d 396 (Fla. 1987). “Recognizing that the fatal blow to the victim was probably struck in Alabama, we held that pursuant to section 910.005(2), Florida Statutes (1977), Florida had jurisdiction to try the defendant.”

Johnson v. State, 465 So. 2d 499 (Fla. 1985).

Lane v. State, 388 So. 2d 1022 (Fla. 1980). “005, we have broadened our jurisdiction to allow the trial of the homicide offense when the death occurs in the state or when an essential element of the homicide occurs in Florida even though the fatal blow was struck outside the state. The applicable provisions of section 910.”

— 910.005(3) — 2 cases

State v. Roberts, 143 So. 3d 936 (Fla. 2d DCA 2014). “Jurisdiction Statute Section 910.005, governing State criminal jurisdiction, provides as follows: *937 (1) A person is subject to prosecution in this state for an offense that she or he commits, while either within or outside the state, by her or his own conduct or that of…”

State v. Costa, 558 So. 2d 525 (Fla. 1st DCA 1990).

— 910.005(l)(a) — 1 case

— 910.005(l)(b) — 1 case

State v. Ruiz, 909 So. 2d 986 (Fla. 5th DCA 2005).

— 910.005(l)(d) — 1 case

Carone v. State, 361 So. 2d 437 (Fla. 2d DCA 1978).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.