April 05, 2012, 08:35
John L. Pool21.02 and venue
Hello,
I have a question regarding venue within the continuous sexual abuse statute.
Hypothetical is one allegation of indecency by touching in "Smith" county against victim #1 in 2011. One allegation of indecency by touching in "Jones" county against victim #2 in 2009. Multiple allegations of indecency by touching in "Jones" county against victim #3 in 2009.
I have read CCP 13.15, CCP 13.18, and CCP 21.02(5).
It would seem to me that charges under TPC 21.02 could be brought in "Jones" county including victims #2 and #3.
But, could charges be brought in "Smith" county including all three victims without running afoul of CCP 13.15, CCP 13.18, and CCP 21.02(5).
I have not been able to locate any case law addressing the issue of venue and multiple county prosecution involving TPC 21.02.
Any thoughts are appreciated.
John
Sent you article published in TDCAA's The Prosecutor.