13-109

13-109. Place of trial

A. Criminal prosecutions shall be tried in the county in which conduct constituting
any element of the offense or a result of such conduct occurred, unless otherwise
provided by law.

B. The following special provisions apply:

1. If conduct constituting an element of an offense or a result constituting an
element of an offense occurs in two or more counties, trial of the offense may be held in
any of the counties concerned; or

2. A person who in one county solicits, aids, abets or attempts to aid another in
the planning or commission of an offense in another county may be tried for the offense
in either county; or

3. If an offense is committed in or upon any railroad, train, automobile, aircraft,
vessel or other conveyance in transit and it cannot readily be determined in which county
the offense was committed, trial of the offense may be held in any county through or over
which the conveyance passed; or

4. If the cause of death is inflicted in one county and death ensues in another
county, trial of the offense may be held in either county. If the cause of death is
inflicted in one county and death ensues out of the state, trial of the offense shall be
in the county where the cause was inflicted. If the body of a homicide victim is found
in a county, it is presumed that the cause of death was inflicted in that county; or

5. If an offense is committed on the boundary of two or more counties or within one
mile of such boundary, trial of the offense may be held in any of the counties concerned;
or

6. A person who obtains property unlawfully may be tried in any county in which
such person exerts control over the property; or

7. A person who commits a preparatory offense may be tried in any county in which
any act that is an element of the offense, including the agreement in conspiracy, is
committed.

C. If an offense has been committed within the state and it cannot readily be
determined within which county or counties the commission took place, trial may be held
in the county in which the defendant resides or, if the defendant has no fixed residence,
in the county in which the defendant is apprehended or to which the defendant is
extradited.