2C:1-10. When Prosecution Barred by Former Prosecution for Different Offense.
A prosecution of
a defendant for a violation of a different provision of the statutes
or based on different facts than a former prosecution is barred by such
former prosecution under the following circumstances:
a. The former prosecution resulted in an acquittal or in a
conviction as defined in section 2C:1-9 and the subsequent prosecution
is for:
(1) Any offense of which the defendant could have been convicted on the first prosecution; or
(2) Any offense for which the defendant should have been tried on
the first prosecution under section 2C:1-8 unless the court ordered a
separate trial of the charge of such offense; or
(3) The same conduct, unless (a) the offense of which the defendant
was formerly convicted or acquitted and the offense for which he is
subsequently prosecuted each requires proof of a fact not required by
the other and the law defining each of such offenses is intended to
prevent a substantially different harm or evil, or (b) the second
offense was not consummated when the former trial began.
b. The former prosecution was terminated, after the complaint was
filed or the indictment found, by an acquittal or by a final order or
judgment for the defendant which has not been set aside, reversed or
vacated and which acquittal, final order or judgment necessarily
required a determination inconsistent with a fact which must be
established for conviction of the second offense.
c. The former prosecution was improperly terminated, as improper
termination is defined in section 2C:1-9, and the subsequent prosecution
is for an offense of which the defendant could have been convicted had
the former prosecution not been improperly terminated.
d. Nothing in this section shall bar the disposition of a
nonindictable complaint after disposition of an indictable offense
except as required by the Federal and State constitutions.
L.1978, c. 95, s. 2C:1-10, eff. Sept. 1, 1979. Amended by L.1981, c. 290, s. 3, eff. Sept. 24, 1981.
