Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule that bars a subsequent prosecution in one jurisdiction when a prior prosecution in another jurisdiction with concurrent authority resulted in an acquittal or conviction based on the same conduct.
Sources & Authorities
How it applies
Common Examples
2
Out-of-State Drug Conviction Blocks State Charge
After Scott Summers was convicted in federal court for distributing controlled substances across state lines, state prosecutors in his home state filed charges based on the identical distribution events. The court dismissed the state case because the federal conviction already resolved the underlying conduct.
Theft Acquittal Prevents Lesser-Included Charge
Sierra Santos was acquitted in federal court on a charge of interstate theft. State authorities later attempted to prosecute her for the lesser offense of receiving stolen property arising from the same transaction. The court barred the state prosecution because the acquittal necessarily resolved the facts required for the lesser charge.
Put it into practice
Test Yourself
9
Practice Questions4
· 16 primary sources
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Uniform Acts
Model Codes
Restatements
Study Supplements
Common questions
Frequently Asked
3
When does a prior out-of-state conviction bar a subsequent state prosecution under these provisions?+
A prior conviction bars the later prosecution when both prosecutions rest on the same conduct and the offenses do not each require proof of a fact the other does not, or when the second offense was not yet completed at the time of the first trial.
Supporting sources
Does an acquittal on a greater offense prevent prosecution for a lesser-included offense arising from the same facts?+
Yes. The acquittal on the greater offense bars a later prosecution for any offense the defendant could have been convicted of in the first proceeding, including lesser-included offenses.
Supporting sources
What must be shown to invoke the bar based on a prosecution in another jurisdiction?+
The defendant must show that the first prosecution ended in an acquittal or conviction as defined in Section 1.08 and that the subsequent prosecution is based on the same conduct or on an offense that should have been tried together under Section 1.07.
Supporting sources
Constitutional LawThe separation of powers · The powers of CongressUBEIntermediate