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5-1-114. Affirmative defense — Former prosecution in another jurisdiction.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-1-114. Affirmative defense — Former prosecution in another jurisdiction.
When conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States or another state or territory of the United States, a prosecution in any such other jurisdiction is an affirmative defense to a subsequent prosecution in this state under the following circumstances:
(1) The first prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112, and the subsequent prosecution is based on the same conduct unless:
(A) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or
(B) The second offense was not consummated when the former trial began; or
(2) 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 required a determination inconsistent with a fact that must be established for the conviction of the offense for which the defendant is subsequently prosecuted.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-1-114
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-1-114
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3ea9076c42d3460b6005beee0870cfa9084fc032df5077b71dca88da5ab40660
Source location: content.xml paragraph 926
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5-1-114. Affirmative defense — Former prosecution in another jurisdiction.
When conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States or another state or territory of the United States, a prosecution in any such other jurisdiction is an affirmative defense to a subsequent prosecution in this state under the following circumstances:
(1) The first prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112, and the subsequent prosecution is based on the same conduct unless:
(A) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or
(B) The second offense was not consummated when the former trial began; or
(2) 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 required a determination inconsistent with a fact that must be established for the conviction of the offense for which the defendant is subsequently prosecuted.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-1-112. Affirmative defense — Former prosecution for same offense.
A former prosecution is an affirmative defense to a subsequent prosecution for the same offense under any of the following circumstances:
(1)(A) The former prosecution resulted in an acquittal.
(B)(i) There is an acquittal if the former prosecution resulted in a determination of not guilty.
(ii) A determination of guilt of a lesser included offense is an acquittal of the greater inclusive offense although the conviction is subsequently set aside;
(2)(A) The former prosecution resulted in a conviction.
(B) There is a conviction if the former prosecution resulted in a:
(i) Judgment of conviction that has not been reversed or vacated;
(ii) Verdict of guilty that has not been set aside and that is capable of supporting a judgment; or
(iii) Plea of guilty or nolo contendere accepted by the court; or
(3) The former prosecution was terminated without the express or implied consent of the defendant after the jury was sworn or, if trial was before the court, after the first witness was sworn, unless the termination was justified by overruling necessity.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-1-112
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-1-112. This identifies an authority to review, not proof of applicability.