{"data":{"id":"us-ar/ark.-code-ann.-5-1-114","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 5-1-114","heading":"Affirmative defense - Former prosecution in another jurisdiction","body":"When conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States or another state or territory of the United States, a prosecution in any such other jurisdiction is an affirmative defense to a subsequent prosecution in this state under the following circumstances: (1) The first prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112 , and the subsequent prosecution is based on the same conduct unless: (A) 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 (B) The second offense was not consummated when the former trial began; or (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 required a determination inconsistent with a fact that must be established for the conviction of the offense for which the defendant is subsequently prosecuted. Acts 1975, No. 280, § 108; A.S.A. 1947, § 41-108.\n\nWhen conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States or another state or territory of the United States, a prosecution in any such other jurisdiction is an affirmative defense to a subsequent prosecution in this state under the following circumstances:\n\n(1) The first prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112 , and the subsequent prosecution is based on the same conduct unless: (A) 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 (B) The second offense was not consummated when the former trial began; or\n\n(A) 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(B) The second offense was not consummated when the former trial began; or\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 required a determination inconsistent with a fact that must be established for the conviction of the offense for which the defendant is subsequently prosecuted.","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":"c73d68cd70473e5621d33cd3ac439ac08605ebeb986403e24a1a8771a8694f8e","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-5-1-113","next":"us-ar/ark.-code-ann.-5-1-115"},"notice":"GroundRules: Original legal text. Not legal advice."}