(a) This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if:
(1) either the conduct or a result that is an element of the offense occurs inside this state;
(2) the conduct outside this state constitutes an attempt to commit an offense inside this state;
(3) the conduct outside this state constitutes a conspiracy to commit an offense inside this state, and an act in furtherance of the conspiracy occurs inside this state; or
(4) the conduct inside this state constitutes an attempt, solicitation, or conspiracy to commit, or establishes criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of this state.
(b) If the offense is criminal homicide, a “result” is either the physical impact causing death or the death itself. If the body of a criminal homicide victim is found in this state, it is presumed that the death occurred in this state. If death alone is the basis for jurisdiction, it is a defense to the exercise of jurisdiction by this state that the conduct that constitutes the offense is not made criminal in the jurisdiction where the conduct occurred.

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Terms Used In Texas Penal Code 1.04

  • Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Texas Penal Code 1.07
  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
  • Another: means a person other than the actor. See Texas Penal Code 1.07
  • Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
  • Death: includes , for an individual who is an unborn child, the failure to be born alive. See Texas Penal Code 1.07
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Omission: means failure to act. See Texas Penal Code 1.07
  • Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
  • Statute: A law passed by a legislature.

(c) An offense based on an omission to perform a duty imposed on an actor by a statute of this state is committed inside this state regardless of the location of the actor at the time of the offense.
(d) This state includes the land and water and the air space above the land and water over which this state has power to define offenses.