CODE OF CRIMINAL PROCEDURE
CHAPTER 13. VENUE
Art. 13.01. [186] [234] [224] Offenses committed outside this State
Offenses committed wholly or in part outside this State, under
circumstances that give this State jurisdiction to prosecute the
offender, may be prosecuted in any county in which the offender is
found or in any county in which an element of the offense occurs.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 976, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
Art. 13.02. [187] [235] [225] Forgery
Forgery may be prosecuted in any county where the writing was
forged, or where the same was used or passed, or attempted to be
used or passed, or deposited or placed with another person, firm,
association, or corporation either for collection or credit for the
account of any person, firm, association or corporation. In
addition, a forging and uttering, using or passing of forged
instruments in writing which concern or affect the title to land in
this State may be prosecuted in the county in which such land, or
any part thereof, is situated.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 976, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
Art. 13.03. [189] [237] [227] Perjury
Perjury and aggravated perjury may be prosecuted in the county
where committed, or in the county where the false statement is used
or attempted to be used.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 976, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
Art. 13.04. [190] [238] [228] On the boundaries of counties
An offense committed on the boundaries of two or more counties, or
within four hundred yards thereof, may be prosecuted and punished
in any one of such counties and any offense committed on the
premises of any airport operated jointly by two municipalities and
situated in two counties may be prosecuted and punished in either
county.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 977, ch. 399, Sec. 2(C), eff. Jan. 1, 1974; Acts 1973,
63rd Leg., p. 1251, ch. 454, art. 2, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1981, 67th Leg., p. 2239, ch. 534, Sec. 1, eff. Aug.
31, 1981.
Art. 13.05. [191-193] [239-241] [229-231] Criminal homicide
committed outside this State
The offense of criminal homicide committed wholly or in part
outside this State, under circumstances that give this State
jurisdiction to prosecute the offender, may be prosecuted in the
county where the injury was inflicted, or in the county where the
offender was located when he inflicted the injury, or in the county
where the victim died or the body was found.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 977, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
Art. 13.06. [194] [242] [232] Committed on a boundary stream
If an offense be committed upon any river or stream, the boundary of
this State, it may be prosecuted in the county the boundary of which
is upon such stream or river, and the county seat of which is
nearest the place where the offense was committed.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 977, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
Art. 13.07. [195] [243] [233] Injured in one county and dying in
another
If a person receives an injury in one county and dies in another by
reason of such injury, the offender may be prosecuted in the county
where the injury was received or where the death occurred, or in the
county where the dead body is found.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 977, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
Art. 13.08. [197] [245] [235] Theft
Where property is stolen in one county and removed by the offender
to another county, the offender may be prosecuted either in the
county where he took the property or in any other county through or
into which he may have removed the same.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 977, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
Art. 13.09. [198] [246] Hindering secured creditors
If secured property is taken from one county and unlawfully
disposed of in another county or state, the offender may be
prosecuted either in the county in which such property was disposed
of, or in the county from which it was removed, or in the county in
which the security agreement is filed.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 976, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
Art. 13.10. Persons acting under authority of this State
An offense committed outside this State by any officer acting under
the authority of this State, under circumstances that give this
state jurisdiction to prosecute the offender, may be prosecuted in
the county of his residence or, if a nonresident of this State, in
Travis County.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 977, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
Art. 13.11. [202] [250] [239] On vessels
An offense committed on board a vessel which is at the time upon any
navigable water within the boundaries of this State, may be
prosecuted in any county through which the vessel is navigated in
the course of her voyage, or in the county where the voyage
commences or terminates.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 977, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
Art. 13.12. [204] [252] [241] False imprisonment and kidnapping
Venue for false imprisonment and kidnapping is in either the county
in which the offense was committed, or in any county through, into
or out of which the person falsely imprisoned or kidnapped may have
been taken.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 977, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
Art. 13.13. [205] [253] [242] Conspiracy
Criminal conspiracy may be prosecuted in the county where the
conspiracy was entered into, in the county where the conspiracy was
agreed to be executed, or in any county in which one or more of the
conspirators does any act to effect an object of the conspiracy. If
a conspiracy was entered into outside this State under
circumstances that give this State jurisdiction to prosecute the
offender, the offender may be prosecuted in the county where the
conspiracy was agreed to be executed, or in the county where any one
of the conspirators was found, or in Travis County.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 978, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
Art. 13.14. [206] Bigamy
Bigamy may be prosecuted:
(1) in the county where the bigamous marriage occurred;
(2) in any county in this State in which the parties to such
bigamous marriage may live or cohabit together as man and wife; or
(3) in any county in this State in which a party to the bigamous
marriage not charged with the offense resides.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 978, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 1112, Sec. 1, eff. Aug. 28,
1989.
Art. 13.15. [207] [254] Sexual assault
Sexual assault may be prosecuted in the county in which it is
committed, in the county in which the victim is abducted, or in any
county through or into which the victim is transported in the course
of the abduction and sexual assault. When it shall come to the
knowledge of any district judge whose court has jurisdiction under
this Article that sexual assault has probably been committed, he
shall immediately, if his court be in session, and if not in
session, then, at the first term thereafter in any county of the
district, call the attention of the grand jury thereto; and if the
court be in session, but the grand jury has been discharged, he
shall immediately recall the grand jury to investigate the
accusation. The district courts are authorized and directed to
change the venue in such cases whenever it shall be necessary to
secure a speedy trial.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 978, ch. 399, Sec. 2(C), eff. Jan. 1, 1974; Acts 1977,
65th Leg., p. 692, ch. 262, Sec. 1, eff. May 25, 1977.
Amended by Acts 1981, 67th Leg., p. 2636, ch. 707, Sec. 4(17), eff.
Aug. 31, 1981; Acts 1983, 68th Leg., p. 5317, ch. 977, Sec. 7, eff.
Sept. 1, 1983.
Art. 13.16. Criminal nonsupport
Criminal nonsupport may be prosecuted in the county where the
offended spouse or child is residing at the time the information or
indictment is presented.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 978, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
Art. 13.17. [210] [257] [245] Proof of venue
In all cases mentioned in this Chapter, the indictment or
information, or any pleading in the case, may allege that the
offense was committed in the county where the prosecution is
carried on. To sustain the allegation of venue, it shall only be
necessary to prove by the preponderance of the evidence that by
reason of the facts in the case, the county where such prosecution
is carried on has venue.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 978, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
Art. 13.18. [211] [258] [246] Other offenses
If venue is not specifically stated, the proper county for the
prosecution of offenses is that in which the offense was committed.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 978, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
Art. 13.19. Where venue cannot be determined
If an offense has been committed within the state and it cannot
readily be determined within which county or counties the
commission took place, trial may be held in the county in which the
defendant resides, in the county in which he is apprehended, or in
the county to which he is extradited.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 979, ch. 399, Sec. 2(C), eff. Jan., 1, 1974.
Art. 13.20. Venue by consent
The trial of all felony cases, without a jury, may, with the consent
of the defendant in writing, his attorney, and the attorney for the
state, be held in any county within the judicial district or
districts for the county where venue is otherwise authorized by
law.
Added by Acts 1975, 64th Leg., p. 242, ch. 91, Sec. 1, eff. Sept. 1,
1975.
Art. 13.21. Organized criminal activity
The offense of engaging in organized criminal activity may be
prosecuted in any county in which any act is committed to effect an
objective of the combination.
Added by Acts 1977, 65th Leg., p. 924, ch. 346, Sec. 2, eff. June 10,
1977.
Art. 13.22. Possession and delivery of marihuana
An offense of possession or delivery of marihuana may be prosecuted
in the county where the offense was committed or with the consent of
the defendant in a county that is adjacent to and in the same
judicial district as the county where the offense was committed.
Added by Acts 1979, 66th Leg., p. 18, ch. 10, Sec. 1, eff. March 7,
1979.
Art. 13.23. Unauthorized Use of a Vehicle
An offense of unauthorized use of a vehicle may be prosecuted in any
county where the unauthorized use of the vehicle occurred or in the
county in which the vehicle was originally reported stolen.
Added by Acts 1985, 69th Leg., ch. 719, Sec. 1, eff. Aug. 26, 1985.
Art. 13.24. Illegal recruitment of athletes
An offense of illegal recruitment of an athlete may be prosecuted in
any county in which the offense was committed or in the county in
which is located the institution of higher education in which the
athlete agreed to enroll or was influenced to enroll.
Added by Acts 1989, 71st Leg., ch. 125, Sec. 2, eff. Sept. 1, 1989.
Art. 13.25. Computer Crimes
(a) In this section "access," "computer," "computer network,"
"computer program," "computer system," and "owner" have the
meanings assigned to those terms by Section 33.01, Penal Code.
(b) An offense under Chapter 33, Penal Code, may be prosecuted in:
(1) the county of the principal place of business of the owner or
lessee of a computer, computer network, or computer system involved
in the offense;
(2) any county in which a defendant had control or possession of:
(A) any proceeds of the offense; or
(B) any books, records, documents, property, negotiable
instruments, computer programs, or other material used in
furtherance of the offense; or
(3) any county from which, to which, or through which access to a
computer, computer network, computer program, or computer system
was made in violation of Chapter 33, whether by wires,
electromagnetic waves, microwaves, or any other means of
communication.
Added by Acts 1989, 71st Leg., ch. 306, Sec. 4, eff. Sept. 1, 1989.
Renumbered from art. 13.24 by Acts 1991, 72nd Leg., ch. 16, Sec.
19.01(1), eff. Aug. 26, 1991. Subsec. (a) amended by Acts 1993,
73rd Leg., ch. 900, Sec. 3.01, eff. Sept. 1, 1994; Acts 1997, 75th
Leg., ch. 306, Sec. 4, eff. Sept. 1, 1997.
Art. 13.26. Telecommunications Crimes
An offense under Chapter 33A, Penal Code, may be prosecuted in the
county in which the telecommunications service originated or
terminated or in the county to which the bill for the
telecommunications service was or would have been delivered.
Added by Acts 1997, 75th Leg., ch. 306, Sec. 5, eff. Sept. 1, 1997.
Art. 13.27. Simulating Legal Process
An offense under Section 32.46, 32.48, 32.49, or 37.13, Penal Code,
may be prosecuted either in the county from which any material
document was sent or in the county in which it was delivered.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 12, eff. May 21, 1997.
Renumbered from Vernon's Ann.C.C.P. art. 13.26 by Acts 1999, 76th
Leg., ch. 62, Sec. 19.01(6), eff. Sept. 1, 1999.
Art. 13.28. Escape; Unauthorized Absence
Text of article as added by Acts 2003, 78th Leg., ch. 392, Sec. 1
An offense of escape under Section 38.06, Penal Code, or
unauthorized absence under Section 38.113, Penal Code, may be
prosecuted in:
(1) the county in which the offense of escape or unauthorized
absence was committed; or
(2) the county in which the defendant committed the offense for
which the defendant was placed in custody, detained, or required to
submit to treatment.
Added by Acts 2003, 78th Leg., ch. 392, Sec. 1, eff. Sept. 1, 2003.
For text of article as added by Acts 2003, 78th Leg., ch. 415, Sec.
1, see art. 13.28, post.
Art. 13.28. Fraudulent Use or Possession of Identifying Information
Text of article as added by Acts 2003, 78th Leg., ch. 415, Sec. 1
An offense under Section 32.51, Penal Code, may be prosecuted in any
county in which the offense was committed or in the county of
residence for the person whose identifying information was
fraudulently obtained, possessed, transferred, or used.
Added by Acts 2003, 78th Leg., ch. 415, Sec. 1, eff. Sept. 1, 2003.
For text of article as added by Acts 2003, 78th Leg., ch. 392, Sec.
1, see art. 13.28, ante.
