{"data":{"id":"us-de/11-del.-c.-208","jurisdiction":"us-de","citation":"11 Del. C. § 208","heading":"When prosecution is barred by former prosecution for different offense.","body":"Although a prosecution is for a violation of a different statutory provision or is based on different facts, it is barred by a former prosecution in a court having jurisdiction over the subject matter of the second prosecution under the following circumstances:\n(1) The former prosecution resulted in an acquittal which has not subsequently been set aside or in a conviction as defined in § 207 of this title and the subsequent prosecution is for:\na. Any offense of which the defendant could have been convicted on the first prosecution; or\nb. The same conduct, unless:\n1. The offense for which the defendant is subsequently prosecuted requires proof of a fact not required by the former offense and the law defining each of the offenses is intended to prevent a substantially different harm or evil; or\n2. The second offense was not consummated when the former trial began.\n(2) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the second offense.\n(3) The former prosecution was improperly terminated as improper termination is defined in § 207(4) of this title 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 11. Crimes and Criminal Procedure","Delaware Criminal Code","CHAPTER 2. General Provisions Concerning Offenses"],"source_url":"https://delcode.delaware.gov/title11/c002/index.html#208","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:13Z","sha256":"8ce55ae1453cea7ae4b2a34a5571b845c866b45258e4c0f6d4affc0f37e7f8a6","source_id":"us-de","stale":true,"prev":"us-de/11-del.-c.-207","next":"us-de/11-del.-c.-209"},"notice":"GroundRules: Original legal text. Not legal advice."}