Section 1.04 of the Texas Penal Code outlines the territorial jurisdiction of the state over an offense that is committed by an individual within the state or by another person for which the individual is responsible. The section sets out four scenarios under which Texas has jurisdiction over an offense.

First, if the conduct or result of the offense occurs within Texas, the state has jurisdiction.  Second, if the conduct occurs outside of Texas but is an attempt to commit an offense within the state, the state has jurisdiction. Third, if the conduct occurs outside of Texas but is part of a conspiracy to commit an offense within Texas and an act in furtherance of the conspiracy takes place within the state, the state has jurisdiction. Finally, if the conduct occurs within Texas and constitutes an attempt, solicitation, or conspiracy to commit an offense in another jurisdiction that is also an offense under Texas law, the state has jurisdiction.

Subsection (b) of Section 1.04 specifically addresses criminal homicide and states that if the body of a homicide victim is found within Texas, it is presumed that the death occurred within the state. If the offense is based solely on the death of the victim, it is a defense for the accused to show that the conduct that resulted in the death was not criminal in the jurisdiction where the conduct occurred.

Subsection (c) of Section 1.04 provides that if an individual fails to perform a duty imposed on them by a Texas statute, the offense is considered to have been committed within the state, regardless of the location of the actor at the time of the offense.

Finally, subsection (d) specifies that Texas jurisdiction includes the land, water, and airspace above it that the state has the power to define offenses over.

Sec. 1.04.  TERRITORIAL JURISDICTION.  

(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.

(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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.