§ 40.10 Previous prosecution; definitions of terms. The following definitions are applicable to this article: 1. “Offense.” An “offense” is committed whenever any conduct is performed which violates a statutory provision defining an offense; and when the same conduct or criminal transaction violates two or more such statutory provisions each such violation constitutes a separate […]
§ 40.20 Previous prosecution; when a bar to second prosecution. 1. A person may not be twice prosecuted for the same offense. 2. A person may not be separately prosecuted for two offenses based upon the same act or criminal transaction unless: (a) The offenses as defined have substantially different elements and the acts establishing […]
§ 40.30 Previous prosecution; what constitutes. 1. Except as otherwise provided in this section, a person “is prosecuted” for an offense, within the meaning of section 40.20, when he is charged therewith by an accusatory instrument filed in a court of this state or of any jurisdiction within the United States, and when the action […]
§ 40.40 Separate prosecution of jointly prosecutable offenses; when barred. 1. Where two or more offenses are joinable in a single accusatory instrument against a person by reason of being based upon the same criminal transaction, pursuant to paragraph (a) of subdivision two of section 200.20, such person may not, under circumstances prescribed in this […]
§ 40.50 Previous prosecution; enterprise corruption. 1. The following definitions are applicable to this section: (a) A criminal act or offense is “specifically included” when a count of an accusatory instrument charging a person with enterprise corruption alleges a pattern of criminal activity and the act or offense is alleged to be a criminal act […]
§ 40.51 Previous prosecution: presidential reprieve, pardon or other form of clemency. When a person has been granted a reprieve, pardon or other form of clemency for an offense pursuant to the authority granted in section two of article two of the United States constitution, a separate or subsequent prosecution of an offense is not […]
