I read a thread about a year ago on here talking about CSA using acts in different counties (and can't find the thread now). Can anyone help give me some guidance/case law (which I know is probably wishful thinking because it is a relatively new statue and a novel issue)?

Let's say D is charged in Harris County- one act occurred here and one act in Ft. Bend. Clearly there's jeopardy issues with going after him here for CSA and after the trial attacking him there, but it's my theory that under a continuing course of conduct and the CCP's venue rules, we're fine.

I am also a little concerned about giving proper notice in the indictment due to the multiple counties issue. Any advice?

Many thanks in advance to anyone who has some pointers.

- Jen

Sent you an article.

Hey JB, can you send me the article too, or post a link to it? We have a similar issue both with CFV and CSA.

Thanks.

Done.

I have two acts of sexual abuse, one in OK and the other in my county. I would love to charge CSA. Any thoughts, the offense started in OK and 6 months later it was completed in my county??

I showed defense counsel that portion of JB's article that spoke to multi-counties and they made no objection or argument.

quote:

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Originally posted by TS:
I have two acts of sexual abuse, one in OK and the other in my county. I would love to charge CSA. Any thoughts, the offense started in OK and 6 months later it was completed in my county??

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Look at Penal Code Section 1.04(a)(1)-(4). I think the Oklahoma acts are not prosecutable here unless you can fit them into those provisions.

Art. 13.01. OFFENSES COMMITTED OUTSIDE THIS STATE. Offenses committed wholly or in part outside this State, under circumstances that give this State jurisdiction to prosecute the offender, may be prosecuted in any county in which the offender is found or in any county in which an element of the offense occurs.

Art. 13.18. OTHER OFFENSES. If venue is not specifically stated, the proper county for the prosecution of offenses is that in which the offense was committed.

And, under this provision, an offense is committed in any county in which any element of the offense was committed. Therefore, so long as some part of the crime was committed in Texas, all the other parts of a CSA crime may be consolidated into a single county.

[This message was edited by JB on 02-07-12 at .]

Ok, but venue is the proper location for the trial. jurisdiction, by contrast, is the Court's authority over the defendant and a particular crime. If Texas has jurisdiction to prosecute a crime, then we use the venue rules to determine where to prosecute within Texas. But Texas must first have jurisdiction, right? See Art. 13.01 ("under circumstances that give this State jurisdiction to prosecute the offender..." So, you still have to comply with Sec. 1.04. Now, Sec. 1.04(a)(2)-(4) seem wholly inapplicable, so then it comes down to whether conduct or a result that is an element of the offense occurs inside the State. Sec. 1.04(a)(1). The law school example of this problem "A in Oklahoma intentionally shoots and kills B in Texas. Does Texas have jurisdiction? What if B in Texas shoots and kills A in Oklahoma?" The answer to both of those is, yes, Texas has jurisdiction to prosecute. Fast forward about 35 years and we get CSA, where there are "elements" that equate to separate sexual offenses. The argument for Texas jurisdiction is that the sexual abuse in Texas is a "result or conduct" element that gives jurisdiction. The argument against would be that, because each act of sexual abuse equates to offenses with elements, each act of sexual abuse needs a "conduct or result" element to occur in Texas in order for jurisdiction to attach. You should also assume, for the sake of argument, that the federal constitution will limit Texas's exercise of jurisdiction at some point.

Maybe it depends on your temperament as a prosecutor. If you take a conservative view, you might charge both offenses as counts, using CSA as a bargaining tool to obtain a plea to the sexual abuse offense that occurred in your county, but drop the CSA in order to avoid litigating the validity of the CSA charge. If you take an aggressive view, you charge CSA and fight the good fight, hoping that the CCA reads 1.04 expansively and that some federal court doesn't strike it down on Due Process grounds.

Thanks JB and JohnR, I am not sure about the temperament but my plan is to indict the CSA and the Texas abuse as a second count, I also have an indecency touching of the breast which is not a part of the CSA as a third count. I will be willing to drop the CSA for a plea to the indecency, but if forced to trial I will try the CSA and fight the fight.

Thanks for the input, it was helpful!!