Does section 777 and 781 of the California Criminal Code allow a defendant to stand trial in the county where the crime took place?

California, United States of America


The following excerpt is from People v. Posey, 32 Cal.4th 193, 8 Cal.Rptr.3d 551, 82 P.3d 755 (Cal. 2004):

7. Venue provisions in addition to sections 777 and 781 include those listed in People v. Simon, supra, 25 Cal.4th at page 1094, footnote 6, 108 Cal.Rptr.2d 385, 25 P.3d 598, namely, section 777a (venue for parental failure to provide care for a minor child lies in the county in which the child is cared for or in the county in which the parent is apprehended); section 777b (venue for perjury committed outside of California lies in the county in California "in which occurs the act, transaction, matter, action, or proceeding, in relation to which the [perjured statement] was given or made"); section 778 (venue for a crime commenced outside of California but consummated within California by a defendant outside of California lies in the county of consummation); section 782 (venue for a crime committed on, or within 500 yards of, the boundary of two or more counties lies in each of the counties in question); section 783.5 (venue for a crime committed in a park situated in more than one county lies in any county in which any part of the park is situated); section 784 (venue for kidnapping, false imprisonment, or seizure for slavery lies in the county in which the crime is committed, the county out of which the victim is taken, or any county in which the defendant does any "act ... in instigating, procuring, promoting, or aiding ... or ... abetting" with respect to the crime); section 784.5 (venue for child abduction lies in the county in which the child resides or where the agency deprived of custody is located, the county in which the child was taken, detained, or concealed, or the county in which the child is found); section 784.7 (venue for multiple specified sexual, domestic, harm-to-child, and stalking crimes generally lies in any county in which any of the crimes is committed); section 785 (venue for incest lies in the county in which the crime is committed or in the county in which the defendant is apprehended; venue for bigamy lies in the county in which the marriage took place, any county in which cohabitation occurs, or the county in which the defendant is apprehended); section 788 (venue for treason, when the overt act is committed outside California, lies in any county); section 789 (venue for theft or receipt of stolen property, when the property in question has been stolen or received in another state and then brought into California, lies in any county into or through which the property is brought); section 790 (venue for murder or manslaughter lies in the county in which the fatal injury was inflicted, the county in which the victim dies, or the county in which the victim's body is found); section 795 (venue for crimes relating to prize fighting lies in any county in which any act is done toward commission of the crime, any county that the defendant passes into, out of, or through, in order to commit the crime, or the county in which the defendant is arrested); and Business and Professions Code section 16754 (venue for unlawful restraint of trade lies in any county in which the crime is committed in whole or in part, any county in which any of the defendants resides, or any county in which any corporate defendant does business).

8. In Simon, we added this note of caution: "Early cases frequently use the phrase `locus delicti' ... to refer to the issue of venue.... [A]lthough under section 777 venue generally is set in the county in which the crime occurred, there are numerous statutes that authorize trial in a county other than the county in which the crime occurred. [Citation.] In such circumstances, a determination of the location of the crime does not necessarily resolve the venue question, and thus it is potentially misleading to equate the phrase `locus delicti' with the issue of venue." (People v. Simon, supra, 25 Cal.4th at p. 1100, fn. 11, 108 Cal.Rptr.2d 385, 25 P.3d 598.)

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