TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Venue 33.07
Go
New
Find
Notify
Tools
Reply
  
Venue 33.07 Login/Join 
Member
posted
Kid from TX visits friend in VA. They set up facebook page harassing boy in TX. VA investigated and Kid back in TX. Does 13.25(3) allow for venue in TX to convict under 33.07?
 
Posts: 419 | Location: Abilene, TX USA | Registered: December 16, 2002Reply With QuoteReport This Post
Member
posted Hide Post
Probably not.
Can't find any substantive commentary on CCP 13.25 that would support extending jurisdiction in your case based on cursory facts provided (which seem to have all occurred in VA).

If, however, kid has done any more cyber bullying following the return to TX through the VA-created website or in furtherance of the VA-created webpage, you'll have an argument to boot-strap all the conduct. See Tex. Code Crim. Proc. Ann. art. 13.25(b)(2)(B) (any other material used in furtherance of offense); Cf. Wood v. State, 573 S.W.2d 207, 209-11 (Tex. Crim. App. (panel op.) 1978) (promotion of prosition prosecution permissible in either Denton or Dallas Co. because facts showed continuing crime occurred in both counties).

But . . .
Will your facts fit the general Harrassment (Tex. Penal Code Ann. 42.07) or Terroristic Threat (Tex. Penal Code Ann. 22.07) statues? Admittedly, each is a misdemeanor, but either would at least give you a hook in the kid if Chapter 33A won't work.
 
Posts: 218 | Location: Victoria, Texas | Registered: September 16, 2002Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Venue 33.07

© TDCAA, 2001. All Rights Reserved.