law. Under DOHSA as amended, if a death results from a commercial aviation incident more than 12 nautical miles from the shore of the United States, DOHSA still applies, although some nonpecuniary damages are now recoverable. See 46 U.S.C. app. § 762(b)(1). Punitive damages are expressly disallowed. See id. In contrast, if the commercial aviation incident occurs within 12 nautical miles of the shore, DOHSA is now wholly inapplicable: state or federal law applies, and it may therefore be possible to recover unrestricted nonpecuniary damages or even punitive damages. See § 761(b). Heretofore, § 761 made DOHSA applicable beyond a marine league (approximately three nautical miles) from shore. But cf. Blome v. Aerospatiale Helicopter Corp., 924 F.Supp. 805, 814 (S.D.Tex.1996)(Kent, J.)(<HOLDING>), aff'd 114 F.3d 1184. In other words, the more
holding that the territorial jurisdictional issue is a factual determination which is within the province of the jury to resolve under appropriate instructions and that we agree with the weight of authority that the territorial jurisdictional issue must be proved beyond a reasonable doubt holding that the basis of in rem jurisdiction is the presence of the subject property within the territorial jurisdiction of the forum state holding that when evidence exists that the crime may have been committed outside marylands territorial jurisdiction and a defendant disputes the territorial jurisdiction of the maryland courts to try him or her the issue of where the crime was committed is factdependent and thus for the trier of fact recognizing three bases common law or territorial significant activity and integral relation holding that dohsa is inapplicable within three leagues of the shore of texas because the territorial waters of the republic of texas extended to this distance