Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Notes of Decisions
Cited in
59
cases (
13 in the last 5 years), 1986–2026 · leading case:
Stephan Andrew Cox v. State, 497 S.W.3d 42 (Tex. App.—Fort Worth 2016).
Stephan Andrew Cox v. State, 497 S.W.3d 42 (Tex. App.—Fort Worth 2016).
· cites it 10× “Tex. Penal Code Ann. § 1.04 (a)(1), (4) (West 2011).”
Torres v. State, 141 S.W.3d 645 (Tex. App.—El Paso 2004).
· cites it 7× “4(a), at 295; TexPen. Code Ann. § 1.04, practice commentary (Vernon 1974).”
Ex parte Ingram, 533 S.W.3d 887 (Tex. Crim. App. 2017).
“Tex. Penal Code § 1.04 (West 2014). . Id.”
Ex Parte Michael Dwain Bradshaw, 501 S.W.3d 665 (Tex. App.—Dallas 2016).
· cites it 2× “See Tex. Penal Code Ann. § 1.04 (a) (West 2011) (explaining scope of territorial jurisdiction of State’s criminal laws).”
McGowan v. State, 938 S.W.2d 732 (Tex. App.—Houston [14th Dist.] 1997).
· cites it 2× “TEX.PENAL CODE ANN. § 1.04 Practice Commentary (Vernon 1974).”
Salazar v. State, 711 S.W.2d 720 (Tex. App.—Corpus Christi 1986).
· cites it 4× “TEX.PENAL CODE ANN. § 1.04(a) (Vernon 1974).”
Lee v. State, 537 S.W.3d 924 (Tex. Crim. App. 2017).
“In Rodriguez, we upheld a capital murder conviction where the defendant kidnapped a man in Texas and murdered him in Mexico, The capital-murder statute at issue in Rodriguez applies to a person who commits murder “as defined under Section 19.”
Raymond Merril Jessop v. State, 368 S.W.3d 653 (Tex. App.—Austin 2012).
“Jessop occurred in Texas because the direct evidence fails to show that the sexual act resulting in the conception of the child took place in Texas.”
Estrada v. State, 148 S.W.3d 506 (Tex. App.—El Paso 2004).
· cites it 2× “1981); Tex.Penal Code Ann. § 1.04 (Vernon 2003).”
Horn v. Quarterman, 508 F.3d 306 (5th Cir. 2007).
“See Tex. Penal Code § 1.04. 22 Further, there is no established law from the United States Supreme Court dictating that the administration of the oath to Birk in Ohio violated the Confrontation Clause.”
Lane v. State, 174 S.W.3d 376 (Tex. App.—Houston [14th Dist.] 2005).
“See Tex. Penal Code § 1.04(a)(a) (providing that Texas has jurisdiction over an offense if the conduct that is an element of the offense occurs inside this state).”
St. Julian v. State, 132 S.W.3d 512 (Tex. App.—Houston [1st Dist.] 2004).
“Tex. Pen.Code Ann. § 1.04 (Vernon 2003). According to appellant, there was no testimony that the Red Carpet Inn was located within the City of Houston, in Harris County, or anywhere within the State of Texas.”
Tex. Penal Code § 1.04(1): 2 cases
Tex. Penal Code § 1.04(a): 8 cases
Salazar v. State, 711 S.W.2d 720 (Tex. App.—Corpus Christi 1986).
“TEX.PENAL CODE ANN. § 1.04(a) (Vernon 1974).”
Tex. Penal Code § 1.04(a)(1): 12 cases
Lee v. State, 537 S.W.3d 924 (Tex. Crim. App. 2017).
“In Rodriguez, we upheld a capital murder conviction where the defendant kidnapped a man in Texas and murdered him in Mexico, The capital-murder statute at issue in Rodriguez applies to a person who commits murder “as defined under Section 19.”
Estrada v. State, 148 S.W.3d 506 (Tex. App.—El Paso 2004).
“1981); Tex.Penal Code Ann. § 1.04 (Vernon 2003).”
Tex. Penal Code § 1.04(a)(17)(B): 2 cases
Tex. Penal Code § 1.04(a)(a): 1 case
Lane v. State, 174 S.W.3d 376 (Tex. App.—Houston [14th Dist.] 2005).
“See Tex. Penal Code § 1.04(a)(a) (providing that Texas has jurisdiction over an offense if the conduct that is an element of the offense occurs inside this state).”
Tex. Penal Code § 1.04(a)(l): 1 case
Torres v. State, 141 S.W.3d 645 (Tex. App.—El Paso 2004).
“4(a), at 295; TexPen. Code Ann. § 1.04, practice commentary (Vernon 1974).”
Tex. Penal Code § 1.04(b): 1 case
Torres v. State, 141 S.W.3d 645 (Tex. App.—El Paso 2004).
“4(a), at 295; TexPen. Code Ann. § 1.04, practice commentary (Vernon 1974).”
Tex. Penal Code § 1.04(c): 3 cases
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