{"data":{"id":"us-ky/krs-505.040","jurisdiction":"us-ky","citation":"KRS 505.040","heading":"Effects of former prosecution for different offenses.","body":"Although a prosecution is for a violation of a different statutory provision from a former\nprosecution or for a violation of the same provision but based on different facts, it is\nbarred by the former prosecution under the following circumstances:\n(1) The former prosecution resulted in an acquittal, a conviction which has not\nsubsequently been set aside, or a determination that there was insufficient evidence\nto warrant a conviction, and the subsequent prosecution is for:\n(a) An offense of which the defen dant could have been convicted at the first\nprosecution; or\n(b) An offense involving the same conduct as the first prosecution, unless each\nprosecution requires proof of a fact not required in the other prosecution or\nunless the offense was not consummate d when the former prosecution began;\nor\n(2) The former prosecution was terminated by a final order or judgment which has not\nsubsequently been set aside and which required a determination inconsistent with\nany fact necessary to a conviction in the subsequent prosecution; or\n(3) The former prosecution was improperly terminated, as that term is used in\nsubsection (4) of KRS 505.030, and the subsequent prosecution is for an offense of\nwhich the defendant could have been convicted had the former prosecution not been\nimproperly terminated.","path":["KRS Chapter 505"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19698","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:00Z","sha256":"1ed736c034e6e267b30d2ab763a731c41cdeebc2535d0b3f001e8184eec3d52f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-505.030","next":"us-ky/krs-505.050"},"notice":"GroundRules: Original legal text. Not legal advice."}