T.P.I. -- CRIM. 2.06

BURDEN OF PROOF:  VENUE (COMPUTER OFFENSES)

            The burden is upon the state to prove by a preponderance of the evidence that this offense was committed in __________ County, Tennessee.¹

            Proof by a preponderance of the evidence means that the greater weight of the evidence must be in support of the state's contention.²

            Venue of the offense lies:³

            (a)  in any county in which any act was performed in furtherance of any

                   transaction violating the laws establishing computer offenses;

            (b)  in any county in which any violator had control or possession of any

                   proceeds of said violation or of any books, records, documents,

                   property, financial instrument, computer software, computer program

                   or other material, objects or items which were used in furtherance of

                   said violation; and

            (c)  in any county from which, to which or through which any access to a

                   computer, computer system, or computer network was made,

                   whether by wire, electromagnetic waves, microwaves or any other

                   means of communication.

FOOTNOTES

  1.  Tenn. Code Ann. § 39-11-201(e).

  2.  In re Estate of Tittle, 485 S.W.2d 255 (Tenn. App. 1972); Blount Co. v.

       Perry, 7 Tenn. App. 340 (1928).  The trial judge may wish to charge T.P.I. --

       CRIM. 42.01 (Preponderance of the Evidence).

  3.  Tenn. Code Ann. § 39-14-603.