Section 35-41-4-4 - When prosecution barred for different offense(a) A prosecution is barred if all of the following exist: (1) There was a former prosecution of the defendant for a different offense or for the same offense based on different facts.(2) The former prosecution resulted in an acquittal or a conviction of the defendant or in an improper termination under section 3 of this chapter.(3) The instant prosecution is for an offense with which the defendant should have been charged in the former prosecution.(b) A prosecution is not barred under this section if the offense on which it is based was not consummated when the trial under the former prosecution began.As added by Acts1976 , P.L. 148, SEC.1. Amended by Acts1977 , P.L. 340, SEC.19.