Ariz. Rev. Stat. § 13-109

Current through L. 2024, ch. 259

Section 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 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 transit occurred; 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 this 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 this 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.

A.R.S. § 13-109

Amended by L. 2016, ch. 25,s. 1, eff. 8/5/2016.