2009 Kentucky Revised Statutes CHAPTER 505 PROTECTION AGAINST UNFAIR OR OPPRESSIVE PROSECUTION 505.040 Effects of former prosecution for different offenses.
505.040 Effects of former prosecution for different offenses.
Although a prosecution is for a violation of a different statutory provision from a former <br>prosecution or for a violation of the same provision but based on different facts, it is <br>barred by the former prosecution under the following circumstances: <br>(1) The former prosecution resulted in an acquittal, a conviction which has not
subsequently been set aside, or a determination that there was insufficient evidence <br>to warrant a conviction, and the subsequent prosecution is for:
(a) An offense of which the defendant could have been convicted at the first
prosecution; or
(b) An offense involving the same conduct as the first prosecution, unless each
prosecution requires proof of a fact not required in the other prosecution or <br>unless the offense was not consummated when the former prosecution began; <br>or
(2) The former prosecution was terminated by a final order or judgment which has not
subsequently been set aside and which required a determination inconsistent with <br>any fact necessary to a conviction in the subsequent prosecution; or
(3) The former prosecution was improperly terminated, as that term is used in
subsection (4) of KRS 505.030, and the subsequent prosecution is for an offense of <br>which the defendant could have been convicted had the former prosecution not been <br>improperly terminated.
Effective: January 1, 1975 <br>History:
Created 1974 Ky. Acts ch. 406, sec. 46, effective January 1, 1975.
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