Can one state charge a person with a crime if it was supposed to have been committed in another state but it never filed charges?

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Can one state charge a person with a crime if it was supposed to have been committed in another state but it never filed charges?

Asked on May 15, 2014 under Criminal Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It depends on what the crime is.  There would have to be some basis for the state to assert its jurisdiction and file charges even though the state where the crime was supposed to occur didn't file charges.

For example, if the crime involved a conspiracy such as conspiracy to commit murder and the murder did not occur in State B, but an overt act in furtherance of the conspiracy occurred in State A,  State A could charge conspiracy to commit murder even though the murder didn't occur in State B as planned and State B did not file charges.

Another example would be attempted murder.  Again, preparation for the murder occurred in State A and the murder was to occur in State B.  The murder did not occur in State B, but preparation of the plan occurred in State A.  State A could still charge attempted murder.

 


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