# Murder across a state boundary **URL:** \ **Category:** Factual Questions\ **Created:** [December 1, 2005, 2:56pm UTC](https://boards.straightdope.com/t/murder-across-a-state-boundary/333557 "2005-12-01T14:56:09Z")\ **Posts on this page:** 5\ **Page:** 2
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [November 20, 2012, 4:11pm UTC](https://boards.straightdope.com/t/murder-across-a-state-boundary/333557/21 "2012-11-20T16:11:07Z")
It would be a senseless system of justice that encouraged criminals to make strategic use of jurisdictional boundaries in this fashion. And indeed, in _Heath v. Alabama_, the Supreme Court essentially [ruled](http://en.wikipedia.org/wiki/Heath_v._Alabama) that when a crime is “spread across” more than one state, more than one state may prosecute. ---
**Author:** ![Sailboat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sailboat/32/461_2.png) [@Sailboat](https://boards.straightdope.com/u/Sailboat)\ **Post date:** [November 20, 2012, 5:20pm UTC](https://boards.straightdope.com/t/murder-across-a-state-boundary/333557/22 "2012-11-20T17:20:21Z")
There was a real-life case somewhat similar. Googling around, I think it was this one: [Jaime Traverso Murder Case](http://www.leagle.com/xmlResult.aspx?xmldoc=199047283MdApp389_1446.xml&docbase=CSLWAR2-1986-2006) See particularly footnote 2 [here](https://bulk.resource.org/courts.gov/c/F2/874/874.F2d.209.87-6069.87-6055.87-6044.87-6043.html): > [@](#): > > Because the victim’s body was found in the Potomac River, which flows between Virginia and Maryland, there was some initial confusion about the proper venue of the crime. In overturning Traverso’s conviction, the Virginia Court of Appeals ruled that, based on a reading of the relevant statute, venue could not have existed in Virginia. Therefore, because venue is jurisdictional in Virginia criminal law, the Virginia authorities lacked jurisdiction to prosecute Traverso. See Va.Code Ann. Secs. 19.2-244 (“Except as otherwise provided by law, the prosecution in a criminal case shall be had in the county or city in which the offense was committed.”) and 19.2-247 (“Where evidence exists that a homicide has been committed …, under circumstances which make it unknown where such crime was committed, the offense shall be … prosecut[ed] in the courts of the county or city where the body of the victim may be found, as if the offense had been committed in such county or city.”) It appears that Traverso was later tried and convicted in Maryland. He appealed but did not win. ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [November 20, 2012, 5:28pm UTC](https://boards.straightdope.com/t/murder-across-a-state-boundary/333557/23 "2012-11-20T17:28:18Z")
> [@aldiboronti](#): > > If I stood just within the border of New Mexico and shot and killed someone who stood a little distance away within the border of Texas, where would the crime have been committed? Couldn’t it be argued that I didn’t kill anyone in New Mexico, nor did I commit a crime in Texas, not having been in that state? > Clearly I wouldn’t get away with murder, but just how would I be charged and where? Since the thread has been revived, I will post a response. In order for TEXAS to charge a person, any of the following needs to be present, let’s assume the clauses here were in place when you posted the Q; Sec. 1.04. TERRITORIAL JURISDICTION. (a) This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if: (1) either the conduct or a result that is an element of the offense occurs inside this state; (2) the conduct outside this state constitutes an attempt to commit an offense inside this state; (3) the conduct outside this state constitutes a conspiracy to commit an offense inside this state, and an act in furtherance of the conspiracy occurs inside this state; or (4) the conduct inside this state constitutes an attempt, solicitation, or conspiracy to commit, or establishes criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of this state.(b) If the offense is criminal homicide, a “result” is either the physical impact causing death or the death itself. If the body of a criminal homicide victim is found in this state, it is presumed that the death occurred in this state. If death alone is the basis for jurisdiction, it is a defense to the exercise of jurisdiction by this state that the conduct that constitutes the offense is not made criminal in the jurisdiction where the conduct occurred.(c) An offense based on an omission to perform a duty imposed on an actor by a statute of this state is committed inside this state regardless of the location of the actor at the time of the offense.(d) This state includes the land and water and the air space above the land and water over which this state has power to define offenses. New Mexico: 30-1-14. Venue. All trials of crime shall be had in the county in which they were committed. In the event elements of the crime were committed in different counties, the trial may be had in any county in which a material element of the crime was committed. In the event death results from the crime, trial may be had in the county in which any material element of the crime was committed, or in any county in which the death occurred. In the event that death occurs in this state as a result of criminal action in another state, trial may be had in the county in which the death occurred. **In the event that death occurs in another state as a result of criminal action in this state, trial may be had in the county in which any material element of the crime was committed in this state.** ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [November 20, 2012, 5:35pm UTC](https://boards.straightdope.com/t/murder-across-a-state-boundary/333557/24 "2012-11-20T17:35:39Z")
> [@AK84](#): > > A good zombie but a related question, why would murder across state lines not end up in Federal Court? Even TRIBAL crimes are/can be a “seperate sovereign” issue. I believe I am correct on this (?), if a murder is committed on a Reservation, Tribal law can only try them if they are a member of that tribe, if not, the state in which it happened would assume jurisdiction. ---
**Author:** ![Munch](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/munch/32/5281_2.png) [@Munch](https://boards.straightdope.com/u/Munch)\ **Post date:** [November 20, 2012, 6:32pm UTC](https://boards.straightdope.com/t/murder-across-a-state-boundary/333557/25 "2012-11-20T18:32:55Z")
> [@Sailboat](#): > > There was a real-life case somewhat similar. Googling around, I think it was this one: > [Jaime Traverso Murder Case](http://www.leagle.com/xmlResult.aspx?xmldoc=199047283MdApp389_1446.xml&docbase=CSLWAR2-1986-2006) A guy who attempted murder across state lines was named Traverso? I guess we should have seen that one coming… [Previous page](https://boards.straightdope.com/t/murder-across-a-state-boundary/333557.md?page=1)