Ind. Code § 35-41-4-4
When prosecution barred for different offense
Indiana · Indiana Code Title 35 — Criminal Law and Procedure · Status: effective
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- Ind. Code § 35-41-4-4, When prosecution barred for different offense, Indiana, version 1 as recorded 2026-09-28, yourstate.us, https://yourstate.us/provision/1680640
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Full text
Sec. 4.
(a) A prosecution is barred if all of the following exist:
(1) There was a former prosecution of the defendant for a different offense or for the same offense based on different facts.
(2) The former prosecution resulted in an acquittal or a conviction of the defendant or in an improper termination under section 3 of this chapter.
(3) The instant prosecution is for an offense with which the defendant should have been charged in the former prosecution.
(b) A prosecution is not barred under this section if the offense on which it is based was not consummated when the trial under the former prosecution began.