Tennessee § 39-11-103 - Territorial jurisdiction.

§ 39-11-103. Territorial jurisdiction.

Every person, whether an inhabitant of this or any other state or country, is liable to punishment by the laws of this state, for an offense committed in this state, except where it is by law cognizable exclusively in the courts of the United States. When an offense is commenced outside of this state and consummated in this state, the person committing the offense is liable for punishment in this state in the county in which the offense was consummated, unless otherwise provided by statute. It is no defense that the person charged with the offense was outside of this state when the offense was consummated, if the person used: An innocent or guilty agent; or Other means proceeding directly from the person. When the commission of an offense commenced within this state is consummated outside of its boundaries, the offender is liable to punishment in this state in the county where the offense was commenced. If one (1) or more elements of an offense are committed in one (1) county and one (1) or more elements in another, the offense may be prosecuted in either county. Offenses committed on the boundary of two (2) or more counties may be prosecuted in either county. Acts 1989, ch. 591, § 1; 1990, ch. 1000, § 5. Sentencing Commission Comments. This section is a recodification of prior law regarding territorial jurisdiction and venue. It combines prior code §§ 40-1-101 — 40-1-103 and is moved to its present location because it is logically part of the general principles of Tennessee criminal law. Subsection (d) is a restatement of former code §§ 40-105 and 40-106. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Attorney General Opinions. Advertisements promoting lawful, out-of-state casino gambling, OAG 99-030 (2/18/99).