KRS 505.050: Effects of former prosecution in another jurisdiction.

When conduct constitutes an offense within the concurrent jurisdiction of this state and of

the United States or another state, a prosecution in such other jurisdiction is a bar to a

subsequent prosecution in this state 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 an offense involving

the same conduct unless:

(a) Each prosecution requires proof of a fact not required in the other prosecution;

or

(b) The offense involved in the subsequent prosecution was not consummated

when the former prosecution began; or

(2) The former prosecution was ter minated in 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.