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Colorado Revised Statutes Title 18. Criminal Code § 18-1-302. Second trial barred by former prosecution for different offense

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Although a prosecution is for a violation of a different provision of law than a former prosecution or is based on different facts, it is barred by the former prosecution under the following circumstances:

(a) The former prosecution resulted in an acquittal or a conviction as defined in section 18-1-301(1)(a) and (1)(c) and the subsequent prosecution is for:

(I) Any offense of which the defendant could have been convicted under the allegation of the complaint, information, or indictment of the first prosecution; or

(II) The same conduct, unless the offense of which the defendant was formerly convicted or acquitted and the offense for which he is subsequently prosecuted each requires proof of a fact not required by the other and the law defining each of the offenses is intended to prevent a substantially different harm or evil or the second offense was not consummated when the former trial began.

(b) 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.

(c) The former prosecution was improperly terminated, as improper termination is defined in section 18-1-301(1)(d) and (2), and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 18. Criminal Code § 18-1-302. Second trial barred by former prosecution for different offense - last updated January 01, 2025 | https://codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-1-302/

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