2C:1-11. Former Prosecution in Another Jurisdiction: When a Bar.

When conduct constitutes an offense within the concurrent jurisdiction of this State and of the United States, a prosecution in the District Court of the  United States is a bar to a subsequent prosecution in this State under the  following circumstances:

    a.  The first prosecution resulted in an acquittal or in a conviction, or in  an improper termination as defined in section 2C:1-9 and the subsequent prosecution is based on the same conduct, unless (1) 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 (2) the offense for which the defendant  is subsequently prosecuted is intended to prevent a substantially more serious  harm or evil than the offense of which he was formerly convicted or acquitted  or (3) the second offense was not consummated when the former trial began;  or

    b.  The former prosecution was terminated, after the information 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 offense of which the defendant is subsequently prosecuted.

     L.1978, c. 95, s. 2C:1-11, eff. Sept. 1, 1979.