Prosecution for same offense in another proceeding prohibited.
1. If a child is prosecuted for an offense in a juvenile proceeding, the child may not be prosecuted again for the same offense in another juvenile proceeding or in a criminal proceeding as an adult.
2. For the purposes of this section:
(a) A child is prosecuted for an offense in a juvenile proceeding if:
(1) The district attorney files a petition against the child pursuant to the provisions of this title alleging that the child committed a delinquent act; and
(2) The juvenile court accepts the child’s admission of the facts alleged in the petition or, at an adjudicatory hearing to determine culpability, the juvenile court begins to take evidence on the facts alleged in the petition.
(b) An offense is the same offense if it is:
(1) The offense alleged in the petition; or
(2) An offense based upon the same conduct as that alleged in the petition.
Last modified: February 25, 2006