Venue

Venue

Computer crime is unique in that the alleged perpetrator can be in one jurisdiction while the crime takes place in another jurisdiction. A number of jurisdictions have venue provisions in their computer crime statutes.FN13

The most common provision is that both the county or town from which a computer is accessed, and the county or town in which a computer is accessed are appropriate locations for trial.FN14 In addition, some states allow for trial in any county in which any act in furtherance of the offense was committed,FN15 or where someone had control or possession of any proceeds or any property used in furtherance of a computer crime.FN16

Delaware provides that in any prosecution for a computer related offense, the offense is deemed to have been committed in the place at which the act occurred or in which the computer system or part thereof involved in the violation was located.FN17 In any prosecution for any violation of a computer related offense based upon more than 1 act in violation thereof, the offense is deemed to have been committed in any of the places at which any of the acts occurred or in which a computer system or part thereof involved in a violation was located.FN18 If any act performed in furtherance of a computer related offense, occurs in Delaware or if any computer system or part thereof accessed in violation of the law is located in Delaware, the offense is deemed to have occurred in Delaware.FN19