20 Questions
When a person is subject to criminal prosecution and punishment in this state for an offense committed outside of this state, what specifications are they subject to?
Specifications for that offense that would be applicable if the offense had been committed within this state
Does a person need to personally commit an act, conduct, or element to be subject to criminal prosecution and punishment in this state?
No, someone else can commit the act, conduct, or element on their behalf
How should this section be construed?
Liberally construed, with broad jurisdiction over offenses and persons committing offenses in, or affecting, this state
When is a person presumed to have committed a homicide within this state?
If any part of the body of the victim is found in this state
In which situations is a person presumed to have committed an offense within this state?
If it cannot reasonably be determined where the offense took place
Based on the text, what does it mean for this state to have concurrent legislative jurisdiction?
This state and another state both have legislative authority over a certain area
What is an example of an act that could be considered a violation of the law of this state when using a computer?
Causing a writing or image to be disseminated into this state
A person can be subject to criminal prosecution and punishment in this state if any of the following occur, EXCEPT:
While in this state, the person conspires to commit an offense in another jurisdiction, which offense is an offense under both the laws of this state and the other jurisdiction, and a substantial overt act in furtherance of the conspiracy is undertaken in this state by the person or another person involved in the conspiracy, subsequent to the person's entrance into the conspiracy.
A person can be subject to criminal prosecution and punishment in this state if they:
Attempt to commit, or are guilty of complicity in the commission of, an offense in this state.
A person can be subject to criminal prosecution and punishment in this state if they conspire to commit an offense in another jurisdiction, and:
A substantial overt act in furtherance of the conspiracy is undertaken in this state.
When can a person be subject to criminal prosecution and punishment in this state for an offense committed outside of this state?
When the person is in complicity or conspiracy with another person
How should section (G) be construed?
Broadly
What meanings do the terms 'computer,' 'computer system,' 'computer network,' 'information service,' 'telecommunication,' 'telecommunications device,' 'telecommunications service,' 'data,' and 'writing' have?
The same meanings as in section 2913.01 of the Revised Code
In which situation can a person be subject to criminal prosecution and punishment in this state?
If the person commits an offense in another jurisdiction
Based on the text, when can a person be subject to criminal prosecution and punishment in this state for an offense committed outside of this state?
If the person is out of this state and conspires to commit an offense in this state
When is a person presumed to have committed an offense within this state?
If the person commits an offense under the laws of this state, any element of which takes place in this state
When is a person presumed to have committed an offense within this state?
When the person omits to perform a legal duty while out of this state
Based on the text, what is the jurisdiction of the courts of common pleas in certain counties?
They have jurisdiction on the Ohio river with courts of Kentucky or West Virginia
What does it mean for this state to have exclusive legislative jurisdiction?
This state has sole authority to make laws within its boundaries
When is the element referred to in division (A)(1) of this section considered to be present in a homicide case?
When any other element of the offense occurs within this state
Study Notes
Criminal Prosecution and Punishment
- A person can be subject to criminal prosecution and punishment in this state if they commit an offense partially within and partially outside of this state.
- A person can be subject to criminal prosecution and punishment in this state if they conspire to commit an offense in another jurisdiction and any act in furtherance of the conspiracy is committed within this state.
- A person can be subject to criminal prosecution and punishment in this state if they commit an offense outside of this state, but the offense has a consequence in this state.
- A person can be subject to criminal prosecution and punishment in this state if they commit an offense outside of this state, and the person was physically present in this state at the time of the offense.
Personal Commitment
- A person does not need to personally commit an act, conduct, or element to be subject to criminal prosecution and punishment in this state.
Construction of the Section
- This section should be construed to allow for criminal prosecution and punishment in this state for an offense committed outside of this state, as long as any of the specified conditions are met.
Homicide and Offenses
- A person is presumed to have committed a homicide within this state if the death occurs in this state, or if the homicidal act occurs in this state and the death occurs in another state.
- A person is presumed to have committed an offense within this state if the conduct or result of the offense is within this state.
Concurrent Legislative Jurisdiction
- This state has concurrent legislative jurisdiction when it has the power to make laws and exercise jurisdiction over a particular area or subject matter, along with another jurisdiction.
Computer-Related Offenses
- An example of an act that could be considered a violation of the law of this state when using a computer is if a person commits an offense outside of this state, but the computer used to commit the offense is located in this state.
Definitions
- The terms 'computer,' 'computer system,' 'computer network,' 'information service,' 'telecommunication,' 'telecommunications device,' 'telecommunications service,' 'data,' and 'writing' have specific meanings that are relevant to the interpretation of this section.
Jurisdiction of Courts
- The courts of common pleas in certain counties have jurisdiction over certain offenses committed in this state.
Test your knowledge on criminal jurisdiction and prosecution with this quiz. Explore scenarios where a person can be subject to criminal prosecution and punishment in a specific state, including offenses committed within the state or complicity in an offense committed in another jurisdiction.
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