

     § 110.  When prosecution barred by former prosecution for
                different offense.
        Although a prosecution is for a violation of a different
     provision of the statutes than a former prosecution or is based
     on different facts, it is barred by such former prosecution
     under the following circumstances:
            (1)  The former prosecution resulted in an acquittal or
        in a conviction as defined in section 109 of this title
        (relating to when prosecution barred by former prosecution
        for the same offense) and the subsequent prosecution is for:
                (i)  any offense of which the defendant could have
            been convicted on the first prosecution;
                (ii)  any offense based on the same conduct or
            arising from the same criminal episode, if such offense
            was known to the appropriate prosecuting officer at the
            time of the commencement of the first trial and occurred
            within the same judicial district as the former
            prosecution unless the court ordered a separate trial of
            the charge of such offense; or
                (iii)  the same conduct, unless:
                    (A)  the offense of which the defendant was
                formerly convicted or acquitted and the offense for
                which he is subsequently prosecuted each requires
                proof of a fact not required by the other and the law
                defining each of such offenses is intended to prevent
                a substantially different harm or evil; or
                    (B)  the second offense was not consummated when
                the former trial began.
            (2)  The former prosecution was terminated, after the
        indictment was 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
        second offense.
            (3)  The former prosecution was improperly terminated, as
        improper termination is defined in section 109 of this title
        (relating to when prosecution barred by former prosecution
        for the same offense) and the subsequent prosecution is for
        an offense of which the defendant could have been convicted
        had the former prosecution not been improperly terminated.
     (June 28, 2002, P.L.481, No.82, eff. 60 days)

        2002 Amendment.  Act 82 amended par. (1)(ii).
        Cross References.  Section 110 is referred to in section 112
     of this title.

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Last modified: November 27, 2007