{"data":{"id":"us-co/c.r.s.-18-1-302","jurisdiction":"us-co","citation":"C.R.S. § 18-1-302","heading":"Second trial barred by former prosecution for different offense.","body":"(1) Although a prosecution is for a violation of a different provision of law than a former prosecution or is based on different facts, it is barred by the former prosecution under the following circumstances:\n\n(a) The former prosecution resulted in an acquittal or a conviction as defined in section 18-1-301 (1)(a) and (1)(c) and the subsequent prosecution is for:\n\n(I) Any offense of which the defendant could have been convicted under the allegation of the complaint, information, or indictment of the first prosecution; or\n\n(II) The same conduct, unless 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 the offenses is intended to prevent a substantially different harm or evil or the second offense was not consummated when the former trial began.\n\n(b) 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.\n\n(c) The former prosecution was improperly terminated, as improper termination is defined in section 18-1-301 (1)(d) and (2), and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.","path":["Title 18 - CRIMINAL CODE","Article 1 - Provisions Applicable to Offenses Generally","Part 3 - WHEN PROSECUTION BARRED BY FORMER PROCEEDINGS"],"source_url":"https://olls.info/crs/crs2026-title-18.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"e891636a9dcb53e57209ece26771a317e367d3f02dc57c1c88b60228eb403539","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-18-1-301","next":"us-co/c.r.s.-18-1-303"},"notice":"GroundRules: Original legal text. Not legal advice."}