TITLE 19

CRIMINAL PROCEDURE

CHAPTER 3

LOCAL JURISDICTION OF PUBLIC OFFENSES

19-301.  All offenders liable to punishment. (1) Jurisdiction – venue. Every person is liable to punishment by the laws of this state, for a public offense committed by him therein, except where it is by law cognizable exclusively in the courts of the United States. Evidence that a prosecutable act was committed within the state of Idaho is a jurisdictional requisite, and proof of such must be shown beyond a reasonable doubt.

(2)  Venue is nonjurisdictional. Proof that venue is proper under this chapter is satisfied if shown by a preponderance of the evidence.

History:

[19-301, added 1972, ch. 336, sec. 4, p. 983; am. 1986, ch. 289, sec. 1, p. 728.]