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Article 20 - NY Criminal Procedure Law

GEOGRAPHICAL JURISDICTION OF OFFENSES

Section Description
20.10Geographical jurisdiction of offenses; definitions of terms.
20.20Geographical jurisdiction of offenses; jurisdiction of state.
20.30Geographical jurisdiction of offenses; effect of laws of other jurisdictions upon this state`s jurisdiction.
20.40Geographical jurisdiction of offenses; jurisdiction of counties.
20.50Geographical jurisdiction of offenses; jurisdiction of cities, towns and villages.
20.60Geographical jurisdiction of offenses; communications and transportation of property between jurisdictions.
S 20.10 Geographical jurisdiction of offenses; definitions of terms.
  The following definitions are applicable to this article:
  1.  "This state" means New York State as its boundaries are prescribed
in the state law, and the space over it.
  2.  "County" means any of the sixty-two counties of this state as its
boundaries are prescribed by law, and the space over it.
  3.  "Result of an offense."  When a specific consequence, such as the
death of the victim in a homicide case, is an element of an offense, the
occurrence of such consequence constitutes the "result" of such offense.
An offense of which a result is an element is a "result offense."
  4.  "Particular effect of an offense."  When conduct constituting an
offense produces consequences which, though not necessarily amounting to
a result or element of such offense, have a materially harmful impact
upon the governmental processes or community welfare of a particular
jurisdiction, or result in the defrauding of persons in such
jurisdiction, such conduct and offense have a "particular effect" upon
such jurisdiction.

S 20.20 Geographical jurisdiction of offenses; jurisdiction of state.
  Except as otherwise provided in this section and section 20.30, a
person may be convicted in the criminal courts of this state of an
offense defined by the laws of this state, committed either by his own
conduct or by the conduct of another for which he is legally accountable
pursuant to section 20.00 of the penal law, when:
  1.  Conduct occurred within this state sufficient to establish:
  (a)  An element of such offense; or
  (b)  An attempt to commit such offense; or
  (c)  A conspiracy or criminal solicitation to commit such offense, or
otherwise to establish the complicity of at least one of the persons
liable therefor; provided that the jurisdiction accorded by this
paragraph extends only to conviction of those persons whose
conspiratorial or other conduct of complicity occurred within this
state; or
  2.  Even though none of the conduct constituting such offense may have
occurred within this state:
  (a)  The offense committed was a result offense and the result
occurred within this state.  If the offense was one of homicide, it is
presumed that the result, namely the death of the victim, occurred
within this state if the victim`s body or a part thereof was found
herein; or
  (b)  The statute defining the offense is designed to prevent the
occurrence of a particular effect in this state and the conduct
constituting the offense committed was performed with intent that it
would have such effect herein; or
  (c)  The offense committed was an attempt to commit a crime within
this state; or
  (d)  The offense committed was conspiracy to commit a crime within
this state and an overt act in furtherance of such conspiracy occurred
within this state; or
  3.  The offense committed was one of omission to perform within this
state a duty imposed by the laws of this state.  In such case, it is
immaterial whether such person was within or outside this state at the
time of the omission.

S 20.30 Geographical jurisdiction of offenses; effect of laws of other
             jurisdictions upon this state`s jurisdiction.
  1.  Notwithstanding the provisions of section 20.20, the courts of
this state do not have jurisdiction to convict a person of an alleged
offense partly committed within this state but consummated in another
jurisdiction, or an offense of criminal solicitation, conspiracy or
attempt in this state to commit a crime in another jurisdiction, or an
offense of criminal facilitation in this state of a felony committed in
another jurisdiction, unless the conduct constituting the consummated
offense or, as the case may be, the conduct constituting the crime
solicited, conspiratorially contemplated or facilitated, constitutes an
offense under the laws of such other jurisdiction as well as under the
laws of this state.
  2.  The courts of this state are not deprived of the jurisdiction
accorded them by section 20.20 to convict a person of an offense defined
by the laws of this state, partly committed in another jurisdiction but
consummated in this state, or an offense of attempt or conspiracy in
another jurisdiction to commit in this state a crime defined by the laws
of this state, by the circumstance that the conduct constituting the
consummated offense or, as the case may be, the crime attempted or
conspiratorially contemplated, does not constitute an offense under the
laws of such other jurisdiction.

S 20.40 Geographical jurisdiction of offenses; jurisdiction of counties.
   A  person  may  be  convicted  in  an  appropriate criminal court of a
  particular county, of an offense of which the criminal  courts  of  this
  state  have  jurisdiction pursuant to section 20.20, committed either by
  his or her own conduct or by the conduct of another for which he or  she
  is legally accountable pursuant to section 20.00 of the penal law, when:
    1. Conduct occurred within such county sufficient to establish:
    (a) An element of such offense; or
    (b) An attempt or a conspiracy to commit such offense; or
    2.  Even though none of the conduct constituting such offense may have
  occurred within such county:
    (a) The offense committed was a result offense and the result occurred
  in such county; or
    (b) The offense committed was one of homicide and the victim's body or
  a part thereof was found in such county; or
    (c) Such conduct had, or was likely to have, a particular effect  upon
  such  county  or  a  political  subdivision  or  part  thereof,  and was
  performed with intent that it would,  or  with  knowledge  that  it  was
  likely to, have such particular effect therein; or
    (d)   The  offense  committed  was  attempt,  conspiracy  or  criminal
  solicitation to commit a crime in such county; or
    (e) The offense  committed  was  criminal  facilitation  of  a  felony
  committed in such county; or
    3. The offense committed was one of omission to perform a duty imposed
  by law, which duty either was required to be or could properly have been
  performed  in  such  county. In such case, it is immaterial whether such
  person was within or outside such county at the time of the omission; or
    4. Jurisdiction of such offense is accorded  to  the  courts  of  such
  county pursuant to any of the following rules:
    (a) An offense of abandonment of a child or non-support of a child may
  be  prosecuted  in (i) any county in which such child resided during the
  period of abandonment or non-support, or (ii) any county in  which  such
  person  resided  during  such  period, or (iii) any county in which such
  person was present during such period, provided that he was arrested for
  such offense  in  such  county  or  the  criminal  action  therefor  was
  commenced while he was present therein.
    (b)  An  offense  of  bigamy may be prosecuted either in the county in
  which such offense was committed or in (i) any county in which  bigamous
  cohabitation  subsequently  occurred,  or  (ii) any county in which such
  person was present after the commission of the offense, provided that he
  was arrested for such offense in such  county  or  the  criminal  action
  therefor was commenced while he was present therein.
    (c)  An offense committed within five hundred yards of the boundary of
  a particular county, and in an adjoining county of this  state,  may  be
  prosecuted in either such county.
    (d) An offense committed anywhere on the Hudson river southward of the
  northern  boundary of New York City, or anywhere on New York bay between
  Staten Island and Long Island, may be prosecuted  in  any  of  the  five
  counties of New York City.
    (e)  An  offense  committed  upon  any  bridge or in any tunnel having
  terminals in different  counties  may  be  prosecuted  in  any  terminal
  county.
    (f)  An  offense  committed  on  board  a  railroad train, aircraft or
  omnibus operating as a common carrier may be prosecuted  in  any  county
  through  or  over which such common carrier passed during the particular
  trip, or in any county in which such trip terminated or was scheduled to
  terminate.
    (g) An offense committed in a private vehicle during  a  trip  thereof
  extending  through  more than one county may be prosecuted in any county
  through which such vehicle passed in the course of such trip.
    (h)  An offense committed on board a vessel navigating or lying in any
  river, canal or lake flowing through or situated within this state,  may
  be  prosecuted  in  any  county bordering upon such body of water, or in
  which it is located, or through which it passes; and if such offense was
  committed upon a vessel  operating  as  a  common  carrier,  it  may  be
  prosecuted  in  any  county  bordering upon any body of water upon which
  such vessel navigated or passed during the particular trip.
    (i) An offense committed in the Atlantic  Ocean  within  two  nautical
  miles  from  the  shore  at  high  water  mark  may  be prosecuted in an
  appropriate court of the county the shore line of which  is  closest  to
  the  point  where the offense was committed. A crime committed more than
  two nautical miles from the shore but within the boundary of this  state
  may  be  prosecuted in the supreme court of the county the shore line of
  which is closest to the point where the crime was committed.
    (j) An offense of forgery may be prosecuted in any county in which the
  defendant, or  another  for  whose  conduct  the  defendant  is  legally
  accountable  pursuant  to  section 20.00 of the penal law, possessed the
  instrument.
    (k) An offense of offering of a false instrument  for  filing,  or  of
  larceny  by  means of a false pretense therein, may be prosecuted (i) in
  any county in which such instrument was executed, in whole or  in  part,
  or  (ii)  in  any county in which any of the goods or services for which
  payment or reimbursement is sought by  means  of  such  instrument  were
  purported to have been provided.
    (l)  An  offense  of identity theft or unlawful possession of personal
  identifying information and all criminal acts committed as part  of  the
  same criminal transaction as defined in subdivision two of section 40.10
  of this chapter may be prosecuted (i) in any county in which part of the
  offense  took  place  regardless  of  whether the defendant was actually
  present in such county, or (ii) in the county in which  the  person  who
  suffers  financial  loss  resided  at  the time of the commission of the
  offense, or  (iii)  in  the  county  where  the  person  whose  personal
  identifying  information  was  used  in  the  commission  of the offense
  resided  at  the  time  of  the  commission  of  the  offense.  The  law
  enforcement  agency of any such county shall take a police report of the
  matter and provide the complainant with a copy  of  such  report  at  no
  charge.
    (m) An offense under the tax law or the penal law of filing a false or
  fraudulent  return, report, document, declaration, statement, or filing,
  or of tax evasion, fraud, or larceny resulting  from  the  filing  of  a
  false  or fraudulent return, report, document, declaration, or filing in
  connection with the payment  of  taxes  to  the  state  or  a  political
  subdivision  of  the  state, may be prosecuted in any county in which an
  underlying transaction reflected, reported or required to  be  reflected
  or  reported,  in  whole  or  part,  on  such  return, report, document,
  declaration, statement, or filing occurred.

S 20.50 Geographical jurisdiction of offenses; jurisdiction of cities,
             towns and villages.
  1.  The principles prescribed in section 20.40, governing geographical
jurisdiction over offenses as between counties of this state, are, where
appropriate, applicable to the determination of geographical
jurisdiction over offenses as between cities, towns and villages within
a particular county unless a different determination is required by the
provisions of some other express provision of statute.
  2.  Where an offense prosecutable in a local criminal court is
committed in a city other than New York City, or in a town or village,
but within one hundred yards of any other such political subdivision, it
may be prosecuted in either such political subdivision.

S 20.60 Geographical jurisdiction of offenses; communications and
             transportation of property between jurisdictions.
  For purposes of this article:
  1.  An oral or written statement made by a person in one jurisdiction
to a person in another jurisdiction by means of telecommunication, mail
or any other method of communication is deemed to be made in each such
jurisdiction.
  2.  A person who causes property to be transported from one
jurisdiction to another by means of mail, common carrier or any other
method is deemed to have personally transported it in each jurisdiction,
and if delivery is made in the second jurisdiction he is deemed to have
personally made such delivery therein.
  3. A person who causes by any means the use of a computer or computer
service in one jurisdiction from another jurisdiction is deemed to have
personally used  the computer or computer service in each jurisdiction.

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