I've got an aggravated sexual assault case that I think should be a continuous sexual abuse case. I have multiple events of sexual abuse in Texas, but can't tell for certain if they occurred over 30+ days or not. If I can add in the allegations of SXAB out of state, then I am definitely there. However, I can't tell if Penal Code §1.04 on territorial jurisdiction (which I don't think I'd read in over a decade) lets me use these as an element of proof since, at the time they were committed, they had nothing whatsoever to do with Texas. Thoughts? Victim in state and out of state are the same, if that matters.

I think your best shot is TPC 1.04 (a)(4) right? Arguing that the conduct of continuous sexual abuse in Texas establishes criminal responsibility for the commission of the sexual abuse in your other state?

I am very curious as to other thoughts on this. Would love to know the answer.

Check out Roberts v. State, 619 S.W. 2d 161, 164 (Tex. Crim. App. 1981).

It talks about a jurisdictional theory that says if the detriment to be avoided by the statute occurs in the state, then the state has jurisdiction over the out-of-state conduct.

Thinking about it a moment longer, the statute doesn't say anything about jurisdiction when it defines "an act of sexual abuse." It says it has to be an act that is a violation of one of the penal laws.

An act doesn't have to occur inside the state to be a violation of Texas law, it's just normally a moot point if Texas can't prosecute the violation.