2019 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 1 - General Provisions
§ 5-1-113. Affirmative Defense - Former Prosecution for Different Offense

Universal Citation:
AR Code § 5-1-113 (2019)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
  • A former prosecution is an affirmative defense to a subsequent prosecution for a different offense under the following circumstances:
    • (1) The former prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112, and the subsequent prosecution is for:

      • (A) Any offense of which the defendant could have been convicted in the first prosecution; or

      • (B) An offense based on the same conduct, unless:

        • (i) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or

        • (ii) The second offense was not consummated when the former trial began;

    • (2) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and that necessarily required a determination inconsistent with a fact that must be established for conviction of the second offense; or

    • (3) The former prosecution was terminated under the circumstances described in § 5-1-112 and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been terminated.

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