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Venue/Jurisdictional Question


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  • Venue/Jurisdictional Question

    The following is an excerpt from the Georgia Code that deals with venue on a theft case.

    OCGA 16-8-11 provides: "In a prosecution under Code Sections 16-8-2 through 16-8-9 and 16-8-13 through 16-8-15, the crime shall be considered as having been committed in any county in which the accused exercised control over the property which was the subject of the theft."

    Scenario 1:
    Victim lives in your jurisdiction and calls 911 to report the following. Victim listed an antique rocking horse for sale on Craigslist for $750.00. The suspect contacts the victim and agrees to purchase the horse for the full asking price. The suspect asks if the victim is willing to ship the item to Louisiana and the victim agrees.The following morning the buyer (suspect) contacts the seller and gives her the UPS Tracking Number of the envelope containing the cashiers check he just sent her. The trusting seller then ships the item to an address in Louisiana and patiently awaits her check. A few days go by and the victim becomes concerned and decides to check the UPS website to see the status of the delivery of her check. Unfortunately the tracking number provided to her by the suspect turns out to be a bogus set of random numbers. Of course the check never arrives and the rocking horse was delivered and signed for by an individual in Louisiana. The buyer will not return any calls from the seller and has apparently disappeared.

    I feel that because the suspect never exercised control over the property which was the subject of the theft in my county or the State of Georgia that the victim needs to file her report with the jurisdiction in Louisiana where the package was delivered to.

    What is your opinion on this?

  • #2
    i agree with that
    Perseverate In Pugna


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