Ind. Code § 35-41-4-6

Current through P.L. 171-2024
Section 35-41-4-6 - Invalid or fraudulently procured prosecution not a bar

A former prosecution is not a bar under section 3, 4, or 5 of this chapter if:

(1) it was before a court that lacked jurisdiction over the defendant or the offense;
(2) it was procured by the defendant without the knowledge of the prosecuting authority and with intent to avoid a more severe sentence that might otherwise have been imposed; or
(3) it resulted in a conviction that was set aside, reversed, vacated, or held invalid in a subsequent proceeding, unless the defendant was adjudged not guilty or ordered discharged.

IC 35-41-4-6

As added by Acts1976 , P.L. 148, SEC.1. Amended by Acts1977 , P.L. 340, SEC.21.