803.3  Place of trial--special provisions.

The following special provisions apply:

1.  If conduct or results which constitute elements of an offense occur in two or more counties, prosecution of the offense may be had in any of such counties. In such cases, where a dominant number of elements occur in one county, that county shall have the primary right to proceed with prosecution of the offender.

2.  If an offense commenced outside the state is consummated within this state, trial of the offense shall be held in the county or counties in which the offense is consummated or the interest protected by the involved penal statute is impaired.

3.  If an offense is committed in or upon any 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 in the course of its journey.

4.  If an offense is committed on the boundary of two or more counties, and it cannot readily be determined within which county the commission took place, trial of the offense may be held in any of the counties concerned.

5.  If the offense is a traffic offense, or a scheduled offense under section 805.8, section 805.13 shall apply.

Section History: Early form

  [C51, § 2804, 2806-2808; R60, § 4505, 4507-4509; C73, § 4157, 4159-4161; C97, § 5155, 5157-5159; C24, 27, 31, 35, 39, § 13450, 13451-13453; C46, 50, 54, 58, 62, 66, 71, § 753.3-753.6; C73, 75, 77, § 753.3; C79, 81, § 803.3]


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