§ 18-1-303 — Second trial barred by prosecution in another jurisdiction

(1) If
conduct constitutes an offense within the concurrent jurisdiction of this state and
of the United States, or another state, or of a municipality, a prosecution in any
other of these jurisdictions is a bar to a subsequent prosecution in this state under
either of the following circumstances:

(a) The first prosecution resulted in a conviction or an acquittal as defined in
section 18-1-301 (1)(a) and (1)(c), and the subsequent prosecution is based on the
same conduct, unless:

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

(II) 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 offense for which the defendant is subsequently
prosecuted.

Legislative History

Source: L. 71: R&RE, p. 397, � 1. C.R.S. 1963: � 40-1-403.