New York Laws
Article 20 - Geographical Jurisdiction of Offenses
20.40 - Geographical Jurisdiction of Offenses; Jurisdiction of Counties.

(a) An element of such offense; or
(b) An attempt or a conspiracy to commit such offense; or
2. Even though none of the conduct constituting such offense may have
occurred within such county:
(a) The offense committed was a result offense and the result occurred
in such county; or
(b) The offense committed was one of homicide and the victim's body or
a part thereof was found in such county; or
(c) Such conduct had, or was likely to have, a particular effect upon
such county or a political subdivision or part thereof, and was
performed with intent that it would, or with knowledge that it was
likely to, have such particular effect therein; or
(d) The offense committed was attempt, conspiracy or criminal
solicitation to commit a crime in such county; or
(e) The offense committed was criminal facilitation of a felony
committed in such county; or
3. The offense committed was one of omission to perform a duty imposed
by law, which duty either was required to be or could properly have been
performed in such county. In such case, it is immaterial whether such
person was within or outside such county at the time of the omission; or
4. Jurisdiction of such offense is accorded to the courts of such
county pursuant to any of the following rules:
(a) An offense of abandonment of a child or non-support of a child may
be prosecuted in (i) any county in which such child resided during the
period of abandonment or non-support, or (ii) any county in which such
person resided during such period, or (iii) any county in which such
person was present during such period, provided that he was arrested for
such offense in such county or the criminal action therefor was
commenced while he was present therein.
(b) An offense of bigamy may be prosecuted either in the county in
which such offense was committed or in (i) any county in which bigamous
cohabitation subsequently occurred, or (ii) any county in which such
person was present after the commission of the offense, provided that he
was arrested for such offense in such county or the criminal action
therefor was commenced while he was present therein.
(c) An offense committed within five hundred yards of the boundary of
a particular county, and in an adjoining county of this state, may be
prosecuted in either such county.
(d) An offense committed anywhere on the Hudson river southward of the
northern boundary of New York City, or anywhere on New York bay between
Staten Island and Long Island, may be prosecuted in any of the five
counties of New York City.
(e) An offense committed upon any bridge or in any tunnel having
terminals in different counties may be prosecuted in any terminal
county.
(f) An offense committed on board a railroad train, aircraft or
omnibus operating as a common carrier may be prosecuted in any county
through or over which such common carrier passed during the particular
trip, or in any county in which such trip terminated or was scheduled to
terminate.
(g) An offense committed in a private vehicle during a trip thereof
extending through more than one county may be prosecuted in any county
through which such vehicle passed in the course of such trip.
(h) An offense committed on board a vessel navigating or lying in any
river, canal or lake flowing through or situated within this state, may
be prosecuted in any county bordering upon such body of water, or in
which it is located, or through which it passes; and if such offense was
committed upon a vessel operating as a common carrier, it may be
prosecuted in any county bordering upon any body of water upon which
such vessel navigated or passed during the particular trip.
(i) An offense committed in the Atlantic Ocean within two nautical
miles from the shore at high water mark may be prosecuted in an
appropriate court of the county the shore line of which is closest to
the point where the offense was committed. A crime committed more than
two nautical miles from the shore but within the boundary of this state
may be prosecuted in the supreme court of the county the shore line of
which is closest to the point where the crime was committed.
(j) An offense of forgery may be prosecuted in any county in which the
defendant, or another for whose conduct the defendant is legally
accountable pursuant to section 20.00 of the penal law, possessed the
instrument.
(k) An offense of offering of a false instrument for filing, or of
larceny by means of a false pretense therein, may be prosecuted (i) in
any county in which such instrument was executed, in whole or in part,
or (ii) in any county in which any of the goods or services for which
payment or reimbursement is sought by means of such instrument were
purported to have been provided.
(l) An offense of identity theft or unlawful possession of personal
identifying information and all criminal acts committed as part of the
same criminal transaction as defined in subdivision two of section 40.10
of this chapter may be prosecuted (i) in any county in which part of the
offense took place regardless of whether the defendant was actually
present in such county, or (ii) in the county in which the person who
suffers financial loss resided at the time of the commission of the
offense, or (iii) in the county where the person whose personal
identifying information was used in the commission of the offense
resided at the time of the commission of the offense. The law
enforcement agency of any such county shall take a police report of the
matter and provide the complainant with a copy of such report at no
charge.
(m) An offense under the tax law or the penal law of filing a false or
fraudulent return, report, document, declaration, statement, or filing,
or of tax evasion, fraud, or larceny resulting from the filing of a
false or fraudulent return, report, document, declaration, or filing in
connection with the payment of taxes to the state or a political
subdivision of the state, may be prosecuted in any county in which an
underlying transaction reflected, reported or required to be reflected
or reported, in whole or part, on such return, report, document,
declaration, statement, or filing occurred.
(n) (i) An organized retail theft crime, where the defendant knows
that such crime is a part of a coordinated plan, scheme or venture of
organized retail theft crimes committed by two or more persons, may be
prosecuted in any county in which such defendant committed at least one
such organized retail theft crime; provided, however, that the county of
prosecution is contiguous to another county in which one or more of such
other organized retail theft crimes was committed. Multiple organized
retail theft crimes committed by the same defendant may be joined in one
indictment if authorized and appropriate in accordance with the

provisions of section 200.20 of this chapter, provided, however, that
notwithstanding section 200.40 of this chapter, no more than one
defendant may be charged in the same indictment or prosecuted as part of
the same trial under this paragraph. For purposes of this paragraph, the
five counties that comprise New York city shall be deemed contiguous
with each other.
(ii) For purposes of this paragraph, "organized retail theft crime"
shall mean the crime of larceny, including by trick, fraud,
embezzlement, stealing or false pretenses, of retail merchandise in
quantities that would not normally be purchased for personal use or
consumption, for the purposes of reselling, trading, or otherwise
reentering such retail merchandise in commerce.

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