FOCL Practice Test

A Texas criminal statute can apply to conduct that occurs in another state under what condition?

1. If the conduct was legal in that state

2. Only if the conduct or result that is an element of the offense occurred in Texas

3. If Texas supervisory laws apply

4. Only if there is a federal law violation

The correct answer is: Only if the conduct or result that is an element of the offense occurred in Texas

A Texas criminal statute can be applied to conduct occurring in another state primarily if either the conduct itself or any resulting effects that form part of the offense's elements happen within Texas. This principle reflects the idea that the legal jurisdiction of Texas extends to reaching conduct that affects its laws, albeit happening externally, as long as there is a connection that retains a degree of Texas's legal interest in the matter. This application is important for maintaining the integrity of Texas laws, ensuring that individuals cannot evade legal responsibilities merely by crossing state lines. The emphasis on where elements of the offense occur helps to define jurisdiction clearly in criminal law, establishing that the law takes precedence where its legal interests are concerned. Additionally, it reinforces the idea that different states can impose penalties based on their statutes, which may have broader applications due to the nature of the offenses involved.