Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state?

California, United States of America


The following excerpt is from Hatch v. Superior Court, 80 Cal. App. 4th 170, 94 Cal.Rptr.2d 453 (Cal. App. 2000):

23. An earlier case, involving a charge of conspiracy, had observed that "statutes must be construed in the light of the general principle that, ordinarily, a state does not impose punishment for acts done outside its territory. [Citations.]" (People v. Buffum (1953) 40 Cal.2d 709, 715-716.) The court in People v. Morante, supra, 20 Cal.4th at pages 422-429, carbed out an exception to the general principle in conspiracy cases but did not otherwise modify application of the principle to cases involving offenses such as those charged herein. (See also People v. Burt (1995) 45 Cal.2d 311, 313-314.)

23. An earlier case, involving a charge of conspiracy, had observed that "statutes must be construed in the light of the general principle that, ordinarily, a state does not impose punishment for acts done outside its territory. [Citations.]" (People v. Buffum (1953) 40 Cal.2d 709, 715-716.) The court in People v. Morante, supra, 20 Cal.4th at pages 422-429, carbed out an exception to the general principle in conspiracy cases but did not otherwise modify application of the principle to cases involving offenses such as those charged herein. (See also People v. Burt (1995) 45 Cal.2d 311, 313-314.)

24. Section 27, subdivision (a)(1), affords our courts jurisdiction over crimes partially committed within this state, and section 778a, subdivision (a), affords our courts jurisdiction over crimes committed outside the state if the defendant formed the intent and committed 'any act' within this state in whole or partial execution of that intent." (People v. Morante, supra, 20 Cal.4th at 434.)

24. Section 27, subdivision (a)(1), affords our courts jurisdiction over crimes partially committed within this state, and section 778a, subdivision (a), affords our courts jurisdiction over crimes committed outside the state if the defendant formed the intent and committed 'any act' within this state in whole or partial execution of that intent." (People v. Morante, supra, 20 Cal.4th at 434.)

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