{"data":{"id":"us-ar/ark.-code-ann.-5-1-113","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 5-1-113","heading":"Affirmative defense - Former prosecution for different offense","body":"A former prosecution is an affirmative defense to a subsequent prosecution for a different offense under the following circumstances: (1) The former prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112 , and the subsequent prosecution is for: (A) Any offense of which the defendant could have been convicted in the first prosecution; or (B) An offense based on the same conduct, unless: (i) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or (ii) The second offense was not consummated when the former trial began; (2) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and that necessarily required a determination inconsistent with a fact that must be established for conviction of the second offense; or (3) The former prosecution was terminated under the circumstances described in § 5-1-112 and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been terminated. Acts 1975, No. 280, § 107; A.S.A. 1947, § 41-107.\n\nA former prosecution is an affirmative defense to a subsequent prosecution for a different offense under the following circumstances:\n\n(1) The former prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112 , and the subsequent prosecution is for: (A) Any offense of which the defendant could have been convicted in the first prosecution; or (B) An offense based on the same conduct, unless: (i) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or (ii) The second offense was not consummated when the former trial began;\n\n(A) Any offense of which the defendant could have been convicted in the first prosecution; or\n\n(B) An offense based on the same conduct, unless: (i) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or (ii) The second offense was not consummated when the former trial began;\n\n(i) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or\n\n(ii) The second offense was not consummated when the former trial began;\n\n(2) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and that necessarily required a determination inconsistent with a fact that must be established for conviction of the second offense; or\n\n(3) The former prosecution was terminated under the circumstances described in § 5-1-112 and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been terminated.","path":["AR Code","Title 5","Chapter 1"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"53fba7206d10aa0e956165a42c221139fc3ac0fc8f71a9373c5eb53ef37d8a0d","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-5-1-112","next":"us-ar/ark.-code-ann.-5-1-114"},"notice":"GroundRules: Original legal text. Not legal advice."}