{"data":{"id":"us-pa/18-pa.c.s.-109","jurisdiction":"us-pa","citation":"18 Pa.C.S. § 109","heading":"When prosecution barred by former prosecution for the same offense.","body":"When a prosecution is for a violation of the same provision of the statutes and is based upon the same facts as a former prosecution, it is barred by such former prosecution under the following circumstances:\n(1) The former prosecution resulted in an acquittal. There is an acquittal if the prosecution resulted in a finding of not guilty by the trier of fact or in a determination that there was insufficient evidence to warrant a conviction. A finding of guilty of a lesser included offense is an acquittal of the greater inclusive offense, although the conviction is subsequently set aside.\n(2) The former prosecution was terminated, after the indictment had been found, by a final order or judgment for the defendant, which has not been set aside, reversed, or vacated and which necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the offense.\n(3) The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction which has not been reversed or vacated, a verdict of guilty which has not been set aside and which is capable of supporting a judgment, or a plea of guilty accepted by the court. In the latter two cases failure to enter judgment must be for a reason other than a motion of the defendant.\n(4) The former prosecution was improperly terminated after the first witness was sworn but before a verdict, or after a plea of guilty was accepted by the court.","path":["Title 18 - CRIMES AND OFFENSES","PART I PRELIMINARY PROVISIONS","CHAPTER 1 GENERAL PROVISIONS"],"source_url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM\u0026ttl=18\u0026div=0\u0026chpt=1\u0026sctn=9\u0026subsctn=0","current_through":"2026-08-31 (Statute Update stamp, 18 Pa.C.S.)","vintage":"","retrieved_at":"2026-09-02T16:31:28Z","sha256":"def259f0deab2697f152b4f27ebcc897afda6a062b11f3369db2de96bd84302a","source_id":"us-pa","stale":false,"prev":"us-pa/18-pa.c.s.-108","next":"us-pa/18-pa.c.s.-110"},"notice":"GroundRules: Original legal text. Not legal advice."}