Chapter 13A: Venue

Subchapter A: General Provisions
Article 13A.001: Venue Generally

  • If venue is not specifically stated for an offense, it may be prosecuted in the county where it was committed.

  • Effective January 1, 2025, as per Acts 2023, 88th Leg., R.S., Ch. 765.

Article 13A.002: Pleading and Proving Venue

  • Indictment Details: In each relevant case, the indictment can allege that the offense was committed in the county of prosecution.

  • Proof Requirement: The state attorney must prove by a preponderance of evidence that the prosecution county has venue.

  • Effective January 1, 2025.

Article 13A.003: When Venue Cannot Be Determined

  • If an offense's county is undetermined, prosecution may occur in:

    1. The defendant's county of residence.

    2. The county where the defendant was apprehended.

    3. The county to which the defendant is extradited.

  • Effective January 1, 2025.

Subchapter B: Venue in Certain Circumstances

Article 13A.051: Offense Committed Wholly or Partly Outside This State

  • An offense committed outside Texas may be prosecuted in any county where:

    1. The defendant is found.

    2. An element of the offense occurs.

  • For criminal homicide committed partly outside Texas, prosecution may occur in the county where:

    1. Injury was inflicted.

    2. The defendant was located when the injury was inflicted.

    3. The victim died or the body was found.

  • Effective January 1, 2025.

Article 13A.052: Offense Committed Outside This State by Person Acting for State

  • Offenses by state officers outside Texas may be prosecuted in:

    1. The defendant's county of residence or

    2. Travis County if the defendant is a nonresident.

  • Effective January 1, 2025.

Article 13A.053: Offense Committed on or Near Boundary

  • Offenses near the boundary of multiple counties may be prosecuted in any of those counties.

  • Specific rules also apply to offenses occurring in airports jointly operated by municipalities.

  • Effective January 1, 2025.

Article 13A.054: Person Injured in One County and Dying in Another

  • Prosecution may occur in:

    1. The county where the injury occurred.

    2. The county where the death occurred.

    3. The county where the body is found.

  • Effective January 1, 2025.

Article 13A.055: Offense Committed on Vessel

  • An offense on a vessel in navigable waters may be prosecuted in:

    1. Any county through which the vessel is navigated.

    2. The county where the voyage starts or ends.

  • Effective January 1, 2025.

Subchapter C: Inchoate Offenses

Article 13A.101: Conspiracy

  • Conspiracy may be prosecuted in:

    1. Any county where the conspiracy was entered into or executed.

    2. Any county where conspirators act to achieve the conspiracy's objectives.

    3. If the conspiracy was formed outside Texas, prosecution may occur in any location concerning the conspiracy or in Travis County.

  • Effective January 1, 2025.

Subchapter D: Offenses Against the Person

Article 13A.151: Trafficking of Persons, False Imprisonment, Kidnapping, and Smuggling

  • These offenses may be prosecuted in any county where:

    1. The offense was committed.

    2. The victim was taken through, into, or out of the county.

  • Effective January 1, 2025.

Article 13A.152: Sexual Assault

  • Sexual assault may be prosecuted in any county:

    1. Where the offense was committed.

    2. Where the victim was abducted or transported.

  • Effective January 1, 2025.