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Kentucky Revised Statutes Title L. Kentucky Penal Code § 505.050.Effects of former prosecution in another jurisdiction

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

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

(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 to warrant a conviction, and the subsequent prosecution is for an offense involving 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 any fact necessary to a conviction in the subsequent prosecution.

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Cite this article: FindLaw.com - Kentucky Revised Statutes Title L. Kentucky Penal Code § 505.050.Effects of former prosecution in another jurisdiction - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-l-kentucky-penal-code/ky-rev-st-sect-505-050/

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