2020 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 1 - General Provisions
§ 5-1-114. Affirmative defense — Former prosecution in another jurisdiction

Universal Citation: AR Code § 5-1-114 (2020)

When conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States or another state or territory of the United States, a prosecution in any such other jurisdiction is an affirmative defense to a subsequent prosecution in this state under the following circumstances:

  1. (1) The first prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112, and the subsequent prosecution is based on the same conduct unless:

    1. (A) 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

    2. (B) The second offense was not consummated when the former trial began; or

  2. (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 required a determination inconsistent with a fact that must be established for the conviction of the offense for which the defendant is subsequently prosecuted.

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