102.1Rules for Determining Venue

Determination of Venue

Jurisdiction (covered in the preceding sections) refers to the authority of the state of North Carolina to try a defendant for a criminal offense committed in the state. Venue refers to the actual place of a trial within the state. See State v. Carter, 96 N.C. App. 611 (1989); State v. Bolt, 81 N.C. App. 133 (1986). This is an important distinction because improper venue is waivable, while improper jurisdiction ordinarily is not. If the defendant fails to object to improper venue (either at or before arraignment, if one is requested, or not more than 21 days after indictment) the issue is waived and the court is not deprived of its power to hear the case. See G.S. 15A-952(c); G.S. 15A-135. Challenges to a court’s subject matter jurisdiction, by contrast, may be raised at any time.  See, e.g., State v. Wallace, 351 N.C. 481 (2000); State v. Wilkins, 225 N.C. App. 492 (2013).

Generally, venue is simply the place (i.e., county or district) where the crime was committed. See G.S. 15A-131(a) (venue for district court); 131(c), (d) (venue for superior court). In analyzing which county(ies) or judicial district(s) will be the proper venue for prosecuting a criminal offense, the key inquiry is where the elements of the offense took place. G.S. 15A-131(e) provides that an offense “occurs” in a county if any act or omission constituting part of the offense occurs within the territorial limits of the county.

Concurrent Venue – Multiple Counties

If the elements of the offense were committed in more than one county, each county in which an element of the crime was committed has concurrent venue. See G.S. 15A-132(a). For example, venue for a charge of possessing a stolen vehicle lies in any county through which the possessor drives the stolen car. Similarly, in a kidnapping case, venue would lie in any county in which the kidnapper confines, restrains, or moves the victim.

When two or more counties have concurrent venue, whichever county is the first to issue a criminal process in the case obtains exclusive venue as to the charges. See G.S. 15A-132(c). However, if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges, and thereby obtain venue. See State v. Paige, 316 N.C. 630 (1986) ("a county which has acquired exclusive venue pursuant to N.C.G.S. § 15A–132(a) or (b) loses that exclusive venue when the criminal process upon which the exclusive venue is based is dismissed").

Additionally, if a defendant commits multiple offenses in more than one county, and the offenses are joinable under G.S. 15A-926, each of those counties has concurrent venue to indict and try all the charged offenses. G.S. 15A-132(b) (if offenses committed in multiple counties are joinable, "each county has concurrent venue as to all charged offenses"); G.S. 15A-631 (a grand jury has venue to indict an offense if the county in which the grand jury is sitting would have venue to hear the trial on that offense). See State v. Carter, 96 N.C. App. 611 (1989); State v. Newman, 212 N.C. App. 693 (2011) (unpublished).

When the offense is a continuing one, such as conspiracy, all the conspirators may be prosecuted in any county where an overt act was done by any one of the conspirators to further their common plan, or in the county where their agreement was entered into. See State v. Louchheim, 296 N.C. 314 (1979).

Finally, G.S. 15-129 provides that when an offense is committed on any body of water, and the water or the sides or shores of that body of water divides counties, whether at high or low water, the offense may be tried in either of the two counties that are nearest to the place where the offense was committed. See State v. Bullard, 312 N.C. 129 (1984).

Venue for Offense Committed in Multiple States

G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the identical offense in the other state. G.S. 15A-134 is more closely related to jurisdiction than venue, but it is discussed here again because the statute is located with the venue provisions in Chapter 15A. Note that this statute places a restriction on the prosecution that is higher than what is required by the Double Jeopardy Clause of the United States Constitution. See Heath v. Alabama, 474 U.S. 82 (1985) (two states may prosecute a defendant for the same offense); see also G.S. 15-131 (assault in North Carolina, death in another state) and G.S. 15-132 (person in North Carolina injuring victim in another state).

Superior Court Venue

1. Initial Appearance
May be held before a magistrate anywhere in the state. See G.S. 7A-273(7) (this facilitates holding prompt initial appearances after arrest, even if defendant was arrested out-of-county).

2. Indictments and Grand Jury
Venue to indict exists concurrently with venue to conduct trial – therefore, indictments should be returned by the grand jury from the county where at least one act or omission constituting part of the offense occurred. See G.S. 15A-628(b); G.S. 15A-631. However, note that even if venue for the indictment is improper, the indictment is not void if it is otherwise valid, and furthermore the issue is waived if not challenged by the defendant. See G.S. 15A-631; G.S. 15A-952(b)(5), (e); G.S. 15-155; State v. Carter, 96 N.C. App. 611 (1998); see also State v. Randolph, 312 N.C. 198 (1984) (prior to statutory change in 1986, improper venue of indictment was considered a jurisdictional defect).

3. Pretrial Proceedings
Venue is proper in the enire district of the alleged offense, not just the particular county where the offense allegedly occurred. See G.S. 15A-131(b). However, probable cause hearings are an exception, and must be held in the county where the offense occurred. See G.S. 15a-131(c).

4. Misdemeanor Appeal Trials
When a misdemeanor is appealed to superior court for trial de novo, venue persists in the county where the case was first tried. See G.S. 15A-131(d). Defendant may raise a new objection to improper venue in superior court, but only if he did not already stipulate or expressly waive the issue in district court with the benefit of counsel. See G.S. 15A-135.

5. Trials
Proper venue for trials on charges in the original jurisdiction of the superior court is the county where the charged offense (or at least one act or omission constituting a part of the offense) occurred. See G.S. 15A-131(c).

6. Probation
Venue for the preliminary hearing is proper either in the county where the probationer was arrested, or where the alleged violation occurred. See G.S. 15A-1345(d). The violation hearing itself may be held either where the sentence of probation was imposed, where the probationer violated, or where the probationer resides. See G.S. 15A-1344(a). In the case of probation resulting from H/I felony pleas taken in district court, the same basic rules for venue generally apply, but remember that the superior court has exclusive jurisdiction to hear felony probation violations unless the parties consent. See G.S. 7A-272(e); see also G.S. 7A-272(f) (district court authority to revoke probation for felonies in drug treatment court).

There are a few additional rules which address special types of probation. First, probation violations in drug treatment or therapeutic court must be held in the county in which the drug treatment or therapeutic court is located. See G.S. 15A-1344(a1). Second, violations of probation based on a deferred prosecution follow the general rules stated above, but note that violations must be reported to the court and district attorney in the district in which agreement was entered. See G.S. 15A-1342(a1). Similarly, violations of probation based on a conditional discharge also follow the general rules stated above, but note that failure to successfully complete the program must be reported to the court which imposed probation. See G.S. 90-96(a).

District Court Venue

1. Infractions
Any county where any act or omission constituting part of the alleged infraction occurred. See G.S. 15A-1112.

2. Initial Appearance
May be held before a magistrate anywhere in the state. See G.S. 7A-273(7) (this facilitates holding prompt initial appearances after arrest, even if defendant was arrested out-of-county).

3. Pretrial Proceedings
Venue is in the county where the offense allegedly occurred. See G.S. 15A-131(a).

4. Misdemeanor Trials
Venue is in the county where the offense allegedly occurred. See G.S. 15A-131(a).  If the case is appealed to superior court for trial de novo, venue persists in the county where the case was first tried. See G.S. 15A-131(d). Defendant may raise a new objection to improper venue in superior court, but only if he did not already stipulate or expressly waive the issue in district court with the benefit of counsel. See G.S. 15A-135.

5. Probation
Venue for the preliminary hearing is proper either in the county where the probationer was arrested, or where the alleged violation occurred. See G.S. 15A-1345(d). The violation hearing may be held either where the sentence of probation was imposed, where the probationer violated, or where the probationer resides. See G.S. 15A-1344(a). In the case of probation resulting from H/I felony pleas taken in district court, the same basic rules for venue generally apply, but remember that the superior court has exclusive jurisdiction to hear felony probation violations unless the parties consent. See G.S. 7A-272(e); see also G.S. 7A-272(f) (district court authority to revoke probation for felonies in drug treatment court).

There are a few additional rules which address special types of probation. First, probation violations in drug treatment or therapeutic court must be held in the county in which the drug treatment or therapeutic court is located. See G.S. 15A-1344(a1). Second, violations of probation based on a deferred prosecution follow the general rules stated above, but note that violations must be reported to the court and district attorney in the district in which agreement was entered. See G.S. 15A-1342(a1). Similarly, violations of probation based on a conditional discharge also follow the general rules stated above, but note that failure to successfully complete the program must be reported to the court which imposed probation. See G.S. 90-96(a).

Grand Jury Venue

As mentioned above, in State v. Randolph, 312 N.C. 198 (1984), the North Carolina Supreme Court ruled that the grand jury only had jurisdiction to issue indictments for criminal offenses committed within the county where the grand jury was convened. In response, the General Assembly enacted G.S. 15A-631, which modified Randolph to provide that a grand jury may issue an indictment or presentment for an offense if the county where the grand jury is sitting would have venue to try the case. Because G.S. 15A-132(b) gives a county concurrent venue to try offenses committed in more than one county if the offenses could be joined under G.S. 15A-926, a grand jury may indict joinable offenses that occurred in other counties.

Furthermore, G.S. 15A-631 expressly makes the place of the return of an indictment a matter of venue, rather than jurisdiction. See State v. Carter, 96 N.C. App. 611 (1989) (so characterizing G.S. 15A-631 and holding that the indictment’s failure to allege proper county was not fatal); see also G.S. 15-155 (stating that “[n]o judgment upon any indictment . . . shall be stayed or reversed for the want of the averment of any matter unnecessary to be proved . . . nor for want of a proper and perfect venue, when the court shall appear by the indictment to have had jurisdiction of the offense”).

Venue Rules for Particular Offenses

1. Homicide:
Evidence showing that a homicide victim’s body was found in a particular county is prima facie evidence that the homicide occurred in that county, and is sufficient to establish venue there. State v. Batdorf, 293 N.C. 486 (1977).

2. Conspiracy:
The courts have held that venue for conspiracy to commit an offense is proper in the county in which the agreement was formed or in any county in which an overt act was done by any of the conspirators in furtherance of the plan. See State v. Louchheim, 296 N.C. 314 (1979) (stating rule); State v. Davis, 203 N.C. 13 (1932) (to same effect).

3. Accessory After the Fact: G.S. 14-7
Venue to try an accessory after the fact is proper in any county where the principal could be prosecuted or in the county where the defendant committed acts that form the basis of the charge of accessory after the fact.

4. Juvenile Proceedings: G.S. 7B-1800
Allegations of delinquency are commenced and adjudicated in in the district in which the offense occurred. If that is not the same district as juvenile’s district of residence, and if the juvenile is found delinquent, the court may either hold a disposition hearing in the district of adjudication or transfer the case to juvenile’s district of residence for disposition, if such a transfer serves the ends of justice.

5. Assault in One County, Death in Another: G.S. 15-130; G.S. 15-133
Venue for homicide is proper either in the county where the assault occurred or the county where the victim died.

6. Sex offense in Which Defendant Transported Victim: G.S. 15A-136
Venue is proper in any county where the transportation was offered, solicited, or took place.

7. Possessing or Receiving Stolen Goods: G.S. 14-71, 71.1
Venue is proper in any county where the thief could be prosecuted or in any county where the defendant possessed the stolen goods. See State v. Haywood, 297 N.C. 686 (1979) (venue for receiving stolen goods proper in Guilford County where the defendant was in possession of the stolen goods there; State had no burden to show that the defendant received the goods in Guilford County); State v. Brown, 85 N.C. App. 583 (1987) (stating rule); State v. Gardner, 84 N.C. App. 616, affirmed, 320 N.C. 789 (1987).

8. Obtaining Property by False Pretenses: G.S. 14-100
G.S. 14-100(b1), effective as of December 1, 2019, now clarifies that the state is not required to show "that all of the acts constituting the crime occurred in this State or within a single city, county, or local jurisdiction of this State," and further provides that "it is no defense that not all of the acts constituting the crime occurred in this State or within a single city, county, or local jurisdiction of this State."

9. Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means: G.S. 14-113.6A
Venue is proper in the county where the telephone call or other communication was initiated or where it was received.

10. Identity Theft: G.S. 14-113.21
Venue is proper in any county where the victim resides, where the defendant resides, or where any part of the identity theft took place, or in any other county instrumental to the completion of the offense, regardless of whether the defendant was ever actually present in that county.

11. Telephone Records Privacy Protection Act: G.S. 14-113.33
Venue is proper in any county where the customer resides, where the defendant resides, or where any part of the offense took place, or in any other county instrumental to the completion of the offense, regardless of whether the defendant was ever present in that county.

12. Mortgage Fraud: G.S. 14-118.13
Venue is proper in any county where the property to be mortgaged is located, where any act was committed in furtherance of the violation, where any defendant had control or possession of proceeds of a violation, where any closing occurred, or where any document containing a deliberate misrepresentation is filed with the registrar of deeds or with the Division of Motor Vehicles.

13. Bribery in Athletic Contests: G.S. 14-378
Venue is proper in any county where the bribe was offered or accepted or where the relevant athletic contest occurred.

14. SBM “Bring Back” Cases: G.S. 14-208.40B
Hearings are to be conducted in the county in which the offender resides.

15. Stealing from State Institutions: G.S. 143-116
Venue is proper in Wake County, where such offenses are deemed to have occurred, for violations of G.S. 143-114 and G.S. 143-115.

16. Excessive Campaign Contributions: G.S. 163-278.27
Exclusive venue lies in the county where the offender resides. See State v. Bolt, 81 N.C. App. 133 (1986) (stating rule).

17. Harassing/Threatening Phone Calls: G.S. 14-196
Offense is committed either at the place where the call was made, or where it was received.

18. Cyberstalking: G.S. 14-196.3
Offense is committed where electronic communication was originally sent, originally received, or where first viewed by any person in the state.

19. Offenses on Waters Dividing Counties: G.S. 15-129
Where an offense occurs on a waterway that marks the boundary of two counties, venue is proper in either of the two bordering counties. See State v. Bullard, 312 N.C. 129 (1984) (venue proper in either Bladen or Sampson County where offense occurred at least in part on the bridge over river that divides the two counties).