Suppose you live across the Rio Grande from an annoying cartel, and you have been reporting their activities to local and Mexican officials. They decide they don't like you very much, so the next time they see you on your porch smoking a cigarette, the bullets from their nice, new AK47s come flying across the river. You hear them whizzing past your head and you dive for cover. Does a Texas Court, under Section 1.04 of the Texas Penal Code, have jurisdiction to try the guy or gal shooting at you from Mexico? I say yes, as the statute provides Texas with territorial jurisdiction if the conduct OR result occurs within the State. I think a bullet whizzing past your head scares you - places you in imminent threat of serious bodily injury or death. I don't think it matters that the bullet came from an implement (firearm) across the river. I have not found a case on point, but I can't see why Texas can't try these bad guys, whether they are shooting at us or throwing grenades (which, for purposes of this post I will assume did no damage, even though they blew up on the Texas side of the riverbank). Obviously, the statute is clear that if someone is shot to death under the above circumstances, the murder is considered to have been committed within the State. Do we have to have a death to act?

For those of you inland - yes - it happens. Not often, but often enough that I think Texas should do something about it.

If the victim can identify the shooter/s and law enforcement can round them up, then I don't see why you can't prosecute them. I don't think the Mexican government would sit quietly by if they started taking fire from the U.S. side. The US has prosecuted its own border patrol agents for shooting an undocumented alien who was running back across to Mexico. As I recall, the two agents were convicted, but I could be wrong on that.
Using that example might be useful in persuading Mexican authorities to cooperate in the prosecution/extradition.

You need to call Pete Gallegos, the Freshman Congressman from Alpine. He made a name for himself as an assistant district attorney in the '80's when he prosecuted some folks who shot some rafters from the Mexican side of the border. He might give you some useful insights!

Has this issue been brought to the U.S. Attorney's Office? The Texas statute on it's face seems to give jurisdiction, but I see where argument could be made applying it to this issue conflicts with federal law, the supremacy clause, and sovereign powers.

Good point. I know that some DA's have passed on trying to prosecute for such instances, but have never inquired if the US Atty. has a position. I will do that! Thanks!

It could just boil down to what could actually get them over here; A state-issued arrest warrant versus a federal arrest warrant, and what is needed to pass muster with our extradition treaty with Mexico. I imagine once they are here, regardless, you could proceed with State charges; getting them here is the bigger obstacle.