Indiana § 35-41-4-6 Invalid or fraudulently procured prosecution not a bar

Indiana Statutes

§ 35-41-4-6 — Invalid or fraudulently procured prosecution not a bar

Indiana § 35-41-4-6

Art. 41SUBSTANTIVE CRIMINAL PROVISIONS

Ch. 4Standard of Proof and Bars to Prosecution

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Bluebook

Ind. Code § 35-41-4-6 (2026).

Text

A former prosecution is not a bar under section 3, 4, or 5 of this chapter if:

(1)it was before a court that lacked jurisdiction over the defendant or the offense;

(2)it was procured by the defendant without the knowledge of the prosecuting authority and with intent to avoid a more severe sentence that might otherwise have been imposed; or

(3)it resulted in a conviction that was set aside, reversed, vacated, or held invalid in a subsequent proceeding, unless the defendant was adjudged not guilty or ordered discharged. As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.21.

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A former prosecution is not a bar under section
3, 4, or 5 of this chapter if:
(1) it was before a court that lacked jurisdiction over the
defendant or the offense;
(2) it was procured by the defendant without the knowledge of the
prosecuting authority and with intent to avoid a more severe
sentence that might otherwise have been imposed; or
(3) it resulted in a conviction that was set aside, reversed, vacated,
or held invalid in a subsequent proceeding, unless the defendant
was adjudged not guilty or ordered discharged.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts
1977, P.L.340, SEC.21.