CHAPTER 2. VENUE
IC 35-32-2
Chapter 2. Venue
IC 35-32-2-1
Place of trial
Sec. 1. (a) Criminal actions shall be tried in the county where theoffense was committed, except as otherwise provided by law.
(b) If a person committing an offense upon the person of anotheris located in one (1) county and the person's victim is located inanother county at the time of the commission of the offense, the trialmay be in either of the counties.
(c) If the offense involves killing or causing the death of anotherhuman being, the trial may be in the county in which the:
(1) cause of death is inflicted;
(2) death occurs; or
(3) victim's body is found.
(d) If an offense is committed in Indiana and it cannot readily bedetermined in which county the offense was committed, trial may bein any county in which an act was committed in furtherance of theoffense.
(e) If an offense is commenced outside Indiana and completedwithin Indiana, the offender may be tried in any county where any actin furtherance of the offense occurred.
(f) If an offense commenced inside Indiana is completed outsideIndiana, the offender shall be tried in any county where an act infurtherance of the offense occurred.
(g) If an offense is committed on the portions of the Ohio orWabash Rivers where they form a part of the boundaries of this state,trial may be in the county that is adjacent to the river and whoseboundaries, if projected across the river, would include the placewhere the offense was committed.
(h) If an offense is committed at a place which is on or near acommon boundary which is shared by two (2) or more counties andit cannot be readily determined where the offense was committed,then the trial may be in any county sharing the common boundary.
(i) If an offense is committed on a public highway (as defined inIC 9-25-2-4) that runs on and along a common boundary shared bytwo (2) or more counties, the trial may be held in any county sharingthe common boundary.
(j) If an offense is committed by use of the Internet or anothercomputer network (as defined in IC 35-43-2-3), the trial may be heldin any county:
(1) from which or to which access to the Internet or othercomputer network was made; or
(2) in which any computer, computer data, computer software,or computer network that was used to access the Internet orother computer network is located.
(k) If an offense:
(1) is committed by use of:
(A) the Internet or another computer network (as defined in
IC 35-43-2-3); or
(B) another form of electronic communication; and
(2) occurs outside Indiana and the victim of the offense residesin Indiana at the time of the offense;
the trial may be held in the county where the victim resides at thetime of the offense.
As added by Acts 1981, P.L.298, SEC.1. Amended by Acts 1982,P.L.204, SEC.5; P.L.320-1983, SEC.1; P.L.98-2000, SEC.16;P.L.115-2005, SEC.2.
IC 35-32-2-2
Theft or conversion; receiving stolen property
Sec. 2. (a) A person may be tried for theft or conversion in anycounty in which he exerted unauthorized control over the property.
(b) A person may be tried for receiving stolen property in anycounty in which he receives, retains, or disposes of the property.
As added by Acts 1981, P.L.298, SEC.1.
IC 35-32-2-3
Kidnapping, criminal confinement, human trafficking, promotionof human trafficking, sexual trafficking of a minor, andinterference with custody
Sec. 3. (a) A person who commits the offense of:
(1) kidnapping;
(2) criminal confinement;
(3) human trafficking;
(4) promotion of human trafficking; or
(5) sexual trafficking of a minor;
may be tried in a county in which the victim has traveled or has beenconfined during the course of the offense.
(b) A person who commits the offense of criminal confinement orinterference with custody may be tried in a county in which the childwho was removed, taken, concealed, or detained in violation of achild custody order:
(1) was a legal resident at the time of the taking, concealment,or detention;
(2) was taken, detained, or concealed; or
(3) was found.
As added by Acts 1981, P.L.298, SEC.1. Amended by P.L.49-1989,SEC.19; P.L.173-2006, SEC.47.
IC 35-32-2-4
Aiding and abetting; conspiracy; attempts
Sec. 4. (a) If a person in a county engages in conduct sufficient toconstitute aiding, inducing, or causing an offense committed inanother county, he may be tried for the offense in either county.
(b) In a prosecution for conspiracy to commit a felony, any or alloffenders may be tried in the county in which:
(1) the agreement was made; or
(2) any overt act in furtherance of the agreement is performed. (c) In a prosecution for an attempt to commit a crime, the offendermay be tried in any county in which:
(1) a substantial step towards the commission of the underlyingcrime occurred; or
(2) the underlying crime was to have been completed.
As added by Acts 1981, P.L.298, SEC.1.
IC 35-32-2-5
Transfer to proper county or court with proper jurisdiction;mistake in charge of proper offense or guilt of offense not charged;discharge without prejudice
Sec. 5. (a) When it appears, at any time before verdict or finding,that the prosecution was brought in an improper county, the courtshall order that all papers and proceedings be certified andtransferred to a court with jurisdiction over the offense in the propercounty and, when necessary, order the sheriff to deliver custody ofthe defendant to the sheriff of the proper county.
(b) When it appears at any time before verdict or finding, that amistake has been made in charging the proper offense, or that thedefendant is guilty of an offense not charged, such defendant shallnot be discharged, if the court finds probable cause that thedefendant committed an offense.
(c) When it appears at any time before verdict or finding that theprosecution was brought in a court without jurisdiction over thesubject matter of the offense charged, the court shall order that all thepapers and proceedings be certified and transferred to a court withjurisdiction over the subject matter in the proper county.
(d) When a jury has been impaneled or the cause submitted in anycase contemplated in subsection (a), (b), or (c), such jury may bedischarged or submission set aside without prejudice to theprosecution.
As added by Acts 1981, P.L.298, SEC.1.
IC 35-32-2-6
Identity deception; synthetic identity deception; multiple offenses
Sec. 6. (a) Subject to subsection (b), a person who commits theoffense of identity deception or synthetic identity deception may betried in a county in which:
(1) the victim resides; or
(2) the person:
(A) obtains;
(B) possesses;
(C) transfers; or
(D) uses;
the information used to commit the offense.
(b) If:
(1) a person is charged with more than one (1) offense ofidentity deception or synthetic identity deception, or if a personis charged with both identity deception and synthetic identitydeception; and (2) either:
(A) the victims of the crimes reside in more than one (1)county; or
(B) the person performs an act described in subsection (a)(2)in more than one (1) county;
the person may be tried in any county described in subdivision (2).
As added by P.L.125-2006, SEC.7. Amended by P.L.137-2009,SEC.9.