Indiana statute
Ind. Code § 35-41-4-4 — When prosecution barred for different offense
Current through 2026 Regular Session
Part of Chapter 4: Standard of Proof and Bars to Prosecution, Indiana Code.
Full text of Ind. Code § 35-41-4-4
Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.
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.
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