{"data":{"id":"us-de/11-del.-c.-209","jurisdiction":"us-de","citation":"11 Del. C. § 209","heading":"Former prosecution in another jurisdiction; when a bar.","body":"When conduct constitutes an offense within the concurrent jurisdiction of this State and of the United States or another state, a prosecution in any such other jurisdiction is a bar to a subsequent prosecution in this State under the following circumstances:\n(1) The first 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 based on the same conduct, unless:\na. 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\nb. The second offense was not consummated when the former trial began; or\n(2) The former prosecution was terminated, after the information was filed or the indictment found, 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 offense for which the defendant is subsequently prosecuted; or\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#209","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:13Z","sha256":"4f325d1dce92ca3275560f529d13148897b445fa0469ac215a2b595c44e89638","source_id":"us-de","stale":true,"prev":"us-de/11-del.-c.-208","next":"us-de/11-del.-c.-210"},"notice":"GroundRules: Original legal text. Not legal advice."}