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

Colorado § 18-1-303

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Provisions Applicable to

Text

(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.