KRS 505.040: Effects of former prosecution for different offenses.

Although a prosecution is for a violation of a different statutory provision from a former

prosecution or for a violation of the same provision but based on different facts, it is

barred by the former prosecution under the following circumstances:

(1) The former prosecution resulted in an acquittal, a conviction which has not

subsequently been set aside, or a determination that there was insufficient evidence

to warrant a conviction, and the subsequent prosecution is for:

(a) An offense of which the defen dant could have been convicted at the first

prosecution; or

(b) An offense involving the same conduct as the first prosecution, unless each

prosecution requires proof of a fact not required in the other prosecution or

unless the offense was not consummate d when the former prosecution began;

or

(2) The former prosecution was terminated by a final order or judgment which has not

subsequently been set aside and which required a determination inconsistent with

any fact necessary to a conviction in the subsequent prosecution; or

(3) The former prosecution was improperly terminated, as that term is used in

subsection (4) of KRS 505.030, and the subsequent prosecution is for an offense of

which the defendant could have been convicted had the former prosecution not been

improperly terminated.