2009 Kentucky Revised Statutes CHAPTER 505 PROTECTION AGAINST UNFAIR OR OPPRESSIVE PROSECUTION 505.050 Effects of former prosecution in another jurisdiction.
505.050 Effects of former prosecution in another jurisdiction.
When conduct constitutes an offense within the concurrent jurisdiction of this state and of <br>the United States or another state, a prosecution in such other jurisdiction is a bar to a <br>subsequent prosecution in this state 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 an offense involving <br>the same conduct unless:
(a) Each prosecution requires proof of a fact not required in the other prosecution;
or
(b) The offense involved in the subsequent prosecution was not consummated
when the former prosecution began; or
(2) The former prosecution was terminated in 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.
Effective: January 1, 1975 <br>History:
Created 1974 Ky. Acts ch. 406, sec. 47, effective January 1, 1975.
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