29-03 Local Jurisdiction of Public Offenses

Download pdf

Loading PDF...


CHAPTER 29-03LOCAL JURISDICTION OF PUBLIC OFFENSES29-03-01.Crime commenced without this state and consummated within state.When the commission of a public offense, commenced without this state, is consummated within<br>its boundaries, and the defendant is liable to prosecution as provided in section 29-03-01.1, the<br>venue is in the county in which the offense is consummated, or in which the offenders are<br>apprehended.29-03-01.1.When persons liable to prosecution in this state.Any person whocommits one or more of the following acts is liable to prosecution under the laws of this state:1.Commission of a robbery or theft outside this state and bringing the stolen property<br>into this state.2.Soliciting, while outside this state, criminal action within this state.3.Soliciting, while outside this state, sexual contact with a person believed to be a<br>minor who at the time of the solicitation is located in this state.4.Commission of kidnapping or felonious restraint when the victim is brought into this<br>state.29-03-02. Duel without this state, causing death within - Jurisdiction where deathoccurs. When an inhabitant or resident of this state, by previous appointment or engagement,<br>fights a duel or is concerned as a second or surgeon therein, out of the jurisdiction of this state,<br>and in the duel a wound is inflicted upon a person from which the person dies in this state, the<br>jurisdiction of the offense is in the county where the death occurs.29-03-03.Inhabitant leaving to evade law - Jurisdiction in county of residence.When an inhabitant or resident of this state leaves the same for the purpose of evading the<br>operation of the provisions of the statutes relating to dueling, and challenges to fight, with the<br>intent or for the purpose of doing any of the acts prohibited therein, the jurisdiction is in the<br>county of which the offender was an inhabitant or resident when the offense was committed.29-03-04.Part committed in different counties - Jurisdiction in either.When acrime or public offense is committed in part in one county and in part in another, or when the acts<br>or effects thereof constituting, or requisite to the consummation of, the offense occur in two or<br>more counties, the jurisdiction is in either or any of said counties.29-03-05. Committed near boundary - Jurisdiction in either. When a public offenseis committed on the boundary of two or more counties, or within five hundred yards thereof, the<br>jurisdiction is in either county.29-03-06. On board vessel - Jurisdiction in any county traversed. When an offenseis committed in this state on board a boat or vessel navigating or lying in a river, lake, or canal, in<br>the prosecution of the voyage, the jurisdiction is in any county through which the vessel is<br>navigated in the course of the voyage, or in the county where the voyage terminates.29-03-07. Venue of offense in or against aircraft. Subject to section 29-01-33, anyperson who commits an offense in or against any aircraft while it is in flight over this state may be<br>tried in any county in this state.29-03-08. Venue of offenses committed on railroad train or other vehicle. Subject tosection 29-01-33, when an offense is committed on a railroad train or other vehicle while in the<br>course of a trip, the trial may be in any county through which the train or other public vehicle<br>passed during the trip.Page No. 129-03-09.Venue of kidnapping, forcible restraint, unlawful imprisonment,electronic luring, or prostitution cases. The venue of a criminal action for any of the following<br>offenses is in any county in which the offense is committed, or into or out of which the individual<br>upon whom the offense was committed may have been brought, in the course of the commission<br>of the offense, or in which an act was done by the accused in instigating, procuring, promoting,<br>soliciting, or facilitating the commission of the offense:1.Kidnapping, forcible restraint, or unlawful imprisonment, in violation of chapter<br>12.1-18;2.A violation of section 12.1-29-01, 12.1-29-02, or 12.1-29-03 relating to prostitution; or3.Luring a minor by computer or other electronic means in violation of section<br>12.1-20-05.1.29-03-10. Venue of burglary, robbery, or theft cases - Property taken from onecounty to another. When property taken in one county by burglary, robbery, or theft has been<br>brought into another county, the venue of the offense is in either county.29-03-11. Treason - Overt act without state. The jurisdiction of a criminal action fortreason, when the overt act is committed out of this state, is in any county of the state.29-03-12. Jurisdiction of accessory in county where committed. In the case of anaccessory in the commission of a public offense, the jurisdiction is in the county where the<br>offense of the accessory was committed, notwithstanding the principal offense was committed in<br>another county.29-03-13. Conviction or acquittal in another state bar to prosecution. When an actcharged as a public offense is within the jurisdiction of another state, country, or territory as well<br>as in this state, a conviction or acquittal thereof in the former is a bar to a prosecution or<br>indictment therefor in this state.29-03-14.Conviction or acquittal in another county a bar in another. When anoffense is in the jurisdiction of two or more counties, a conviction or acquittal thereof in one<br>county is a bar to a prosecution or indictment thereof in another.29-03-15. Escaping from penitentiary - Jurisdiction in Burleigh County. Repealedby S.L. 2001, ch. 131, </p> <BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content --> <BR class=clear></DIV> <!-- /div id = livearea --> <DIV></DIV><!-- /.col.one --> <DIV></DIV><!-- /.col.main --> <DIV></DIV><!-- /#content --><BR class=clear> <DIV></DIV><!-- /#livearea --> <!-- Footer--> <DIV id=footer> <DIV class=container> <P class=copyright>Copyright &copy; 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright --> <P class=footerlinks><A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A></P><!-- /.footerlinks --> </DIV><!-- /.container --> </DIV><!-- /footer --> </BODY></HTML>