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Indiana statute

Ind. Code § 35-41-4-6 — Invalid or fraudulently procured prosecution not a bar

Current through 2026 Regular Session

Part of Chapter 4: Standard of Proof and Bars to Prosecution, Indiana Code.

Full text of Ind. Code § 35-41-4-6

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-41-4-6Primary source, current through the 2026 Regular Session
Sec. 6. 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.

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