Texas - Venue

Question 1

What if the record is silent about venue?

Answer 1

Venue is presumed proven if nothing on record showing otherwise TRAP 44.2

Question 2

What is the appropriate venue if “Crime Against Person” when victim is under 18?

Answer 2

Venue – county in which

1. Element of offense
2. Defendant apprehended
3. Victim resides
4. Defendant resides

Question 3

What if venue is unknown?

Answer 3

1. County where D resides
2. County D is apprehended
3. County in which D is extradited

Question 4

What is the timeline for filing motion to change venue?

Answer 4

• Doesn’t have to be 10 days before pretrial hearing or 10 day before jury selection – Constitutional Dimension
• CCP 28.01 Sec. 1 (7) – Motion for change of venue at pretrial hearing may be renewed during voir dire

Question 5

Where is venue for offenses out of the state?

Answer 5

Any county where D found; or

Any county of any element

Question 6

Where is venue for forgery?

Answer 6

1. Where forged
2. Where used or passed
3. If real property, in county of such land

Question 7

Where is venue for perjury?

Answer 7

1. Where false statement;

2. Where false statement used or attempted to be used (deposition: county of depo. and CRT)

Question 8

Where is venue for boundary of counties?

Answer 8

400 yards, either

Airport of two municipalities AND in 2 counties - either county

Question 9

Where is venue for fine only?

Answer 9

200 yards of county if has concurrent jurisdiction agreement

Question 10

Where is venue for homicide out of state?

Answer 10

Where injury inflicted;
Offender located;
Victim died;
Body was found

Question 11

Where is venue for crime on boundary river or stream?

Answer 11

Nearest county seat of county touching river or stream

Question 12

Where is venue for theft?

Answer 12

Where property stolen

Where property was removed to

Question 13

Where is venue for Hindering Creditors?

Answer 13

Where property is;
Where property removed from;
Where security agreement filed

Question 14

Where is venue for on a “Vessel”?

Answer 14

Anywhere vessel navigates

Question 15

Where is venue for kidnapping/trafficking?

Answer 15

Where offense occurred;

Anywhere passed through

Question 16

Where is venue for conspiracy?

Answer 16

1. Where entered into;
2. Target county;
3. Anywhere a conspirator does an act in furtherance;

Out of State: Travis County

Question 17

Where is venue for bigamy?

Answer 17

1. Where marriage occurred;
2. Where lived together;
3. Non-charged party lives

Question 18

Where is venue for sexual assault?

Answer 18

1. Where committed;
2. Where victim abducted;
3. Pass through county.
   Grand Jury must be charged to investigate and Dist. Judge may direct venue for speedy trial

Question 19

Where is venue for criminal non-support?

Answer 19

Where child or offended spouse resides

Question 20

Where is venue for marijuana?

Answer 20

County of offense; or

with D consent in adjacent county

Question 21

Where is venue for UUMV?

Answer 21

Where occurred; or

Where reported from.

Question 22

Where is venue for illegal recruitment of athletes?

Answer 22

Where school is

Question 23

Where is venue for computer crimes?

Answer 23

1. Where owner of computer network;
2. Where D has proceeds;
3. Where D has records, docs, programs, or materials;
4. Where in or through access to computer was made - wires, signals
5. Where victim resides

Question 24

Where is venue for telecommunication crimes?

Answer 24

Where service originated or terminated

Where billing should be

Question 25

Venue for simulating legal process?

Answer 25

Where document was delivered from or received

Question 26

Venue for mortgage fraud?

Answer 26

1. Where property located;

2. Any part of transaction (including document generation)

Question 27

Venue for fraudulent use/possession of ID?

Answer 27

Where offense; 
Where victim resides; 
Where obtained;
Where transferred; 
Where used.

Question 28

Venue for failure to register?

Answer 28

1. Where element of offense;
2. Where last verified address or complied;
3. Where D indicates INTENDS to reside;
4. Any county where D is arrest ANYTIME after most recent reportable conviction
5. Where D is found or resides

Question 29

Venue for failure to comply with Sexually Violent Civil Commitment?

Answer 29

Where any element occurred; or

Montgomery County

Question 30

Venue for crime against kid in TJJD?

Answer 30

Where any element occurred; or

Travis County

Question 31

Venue for stalking?

Answer 31

Where any element occured