§ 35-41-4-3 — When prosecution barred for same offense

Indiana § 35-41-4-3

• Jurisdiction: Indiana
• Art. 41: SUBSTANTIVE CRIMINAL PROVISIONS
• Ch. 4: Standard of Proof and Bars to Prosecution

Text

(a) A prosecution is barred if there was a
former prosecution of the defendant based on the same facts and for
commission of the same offense and if:
(1) the former prosecution resulted in an acquittal or a conviction
of the defendant (A conviction of an included offense constitutes
an acquittal of the greater offense, even if the conviction is
subsequently set aside.); or
(2) the former prosecution was terminated after the jury was
impaneled and sworn or, in a trial by the court without a jury,
after the first witness was sworn, unless (i) the defendant
consented to the termination or waived, by motion to dismiss or
otherwise, his right to object to the termination, (ii) it was
physically impossible to proceed with the trial in conformity with
law, (iii) there was a legal defect in the proceedings that would
make any judgment entered upon a verdict reversible as a matter
of law, (iv) prejudicial conduct, in or outside the courtroom, made
it impossible to proceed with the trial without injustice to either
the defendant or the state, (v) the jury was unable to agree on a
verdict, or (vi) false statements of a juror on voir dire prevented
a fair trial.
(b) If the prosecuting authority brought about any of the
circumstances in subdivisions (a)(2)(i) through (a)(2)(vi) of this
section, with intent to cause termination of the trial, another
prosecution is barred.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts
1977, P.L.340, SEC.18.