A. Except as otherwise provided by law, the prosecution of a criminal case shall be had in the county or city in which the offense was committed. Except as to motions for a change of venue, all other questions of venue must be raised before verdict in cases tried by a jury and before the finding of guilty in cases tried by the court without a jury.
B. If an offense has been committed within the Commonwealth and it cannot readily be determined within which county or city the offense was committed, venue for the prosecution of the offense may be had in the county or city (i) in which the defendant resides; (ii) if the defendant is not a resident of the Commonwealth, in which the defendant is apprehended; or (iii) if the defendant is not a resident of the Commonwealth and is not apprehended in the Commonwealth, in which any related offense was committed.
C. The courts of a locality shall have concurrent jurisdiction with the courts of any other locality adjoining such locality over criminal offenses committed in or upon the premises, buildings, rooms, or offices owned or occupied by such locality or any officer, agency, or department thereof that are located in the adjoining locality.
1975, c. 495; 2015, cc. 632, 637; 2018, c. 164.
Notes of Decisions
Cited in
88
cases (
10 in the last 5 years), 1980–2025 · leading case:
Porter v. Com., 661 S.E.2d 415 (Va. 2008).
Porter v. Com., 661 S.E.2d 415 (Va. 2008).
· cites it 16× “Porter clearly failed to raise an objection under Code § 19.2-244, which requires "questions of venue to be raised before verdict.”
Gheorghiu v. Commonwealth, 682 S.E.2d 50 (Va. Ct. App. 2009).
· cites it 49× “We recognize, as the trial court recognized below, that the General Assembly enacted a "very broad" special venue provision for identity theft offenses. Code § 18.2-186.3(D) contrasts with, and is a notable exception to, the general venue statute providing that "the prosecution…”
Gerald, T. v. Commonwealth, 813 S.E.2d 722 (Va. 2018).
· cites it 4× “" Code § 19.2-244. "The import of the foregoing language is clear: A crime must generally be tried where it occurred.”
Grace Nadine McGuire v. Commonwealth of Virginia, 813 S.E.2d 552 (Va. Ct. App. 2018).
· cites it 14× “In the absence of a specific statutory provision addressing venue, Virginia’s general venue statute, Code § 19.2-244, “dictates the proper venue for an offense.”
Cheng v. Commonwealth, 393 S.E.2d 599 (Va. 1990).
· cites it 4× “[4] We must determine, therefore, whether the evidence, when viewed in the light most favorable to the Commonwealth, is sufficient to support the jury's venue findings.”
Sutherland v. Commonwealth, 368 S.E.2d 295 (Va. Ct. App. 1988).
· cites it 6× “We disagree. II. “[(Questions of venue must be raised before verdict in cases tried by a jury and before the finding of guilt in cases tried by the court without a jury.”
Parker v. Commonwealth, 592 S.E.2d 358 (Va. Ct. App. 2004).
· cites it 4× “Finally, Parker contends that the Commonwealth failed to prove that VDACS "demanded" that Parker comply with Code § 3.”
Gheorghiu v. Com., 701 S.E.2d 407 (Va. 2010).
· cites it 2× “The General Assembly has limited the time in which objections to venue may be raised, Code § 19.2-244, and issues of venue may be waived.”
Larwan Badru Bonner v. Commonwealth of Virginia, 745 S.E.2d 162 (Va. Ct. App. 2013).
· cites it 4× “” Code § 19.2-244. In other words, venue for a criminal prosecution will generally be proper wherever any element of the offense occurs.”
Kelso v. Com., 710 S.E.2d 470 (Va. 2011).
· cites it 4× “Because the prosecution of a crime must be conducted "in the county or city in which the offense was committed," Code § 19.2-244, Kelso asserts that the indictments should have been dismissed and subsequent convictions should be vacated.”
Traverso v. Commonwealth, 366 S.E.2d 719 (Va. Ct. App. 1988).
· cites it 2× “Generally, Code § 19.2-244 governs the determination of venue: “Except as otherwise provided by law, the prosecution in a criminal case shall be had in the county in which the offense was committed.”
— Va. Code Ann. § 19.2-244(A) — 10 cases
Grace Nadine McGuire v. Commonwealth of Virginia, 813 S.E.2d 552 (Va. Ct. App. 2018).
“In the absence of a specific statutory provision addressing venue, Virginia’s general venue statute, Code § 19.2-244, “dictates the proper venue for an offense.”
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