When does a prior prosecution in another jurisdiction fail to bar a later case for the same conduct?

A prior prosecution does not bar the later case when the second offense was not consummated when the former trial began. The later completed crime is treated as a distinct offense even if it grows out of the same general plan.

Does a prior acquittal for reckless driving bar a later hours-of-service charge arising from the same shift?

No. The hours-of-service offense requires proof of cumulative driving time and logbook entries that the reckless-driving charge did not. The statutes also address substantially different harms.

When may a second prosecution proceed after a conviction for bribery based on the same documents?

The second prosecution may proceed only if each offense requires proof of a fact the other does not, the statutes target substantially different harms, and the second offense was not consummated when the first trial began. When those conditions are not met the later case is barred.

Legal Dictionary

Legal Term

second offense

/SEH-kund uh-FENS/n.

Also known as: second offenses · second-offense · repeat offense · subsequent offense

Written by attorneys · grounded in primary & secondary sources — see below

A subsequent criminal violation arising from conduct that occurs after a prior prosecution has begun. The timing of completion determines whether the later case falls outside a statutory bar on successive prosecutions for the same conduct.

Sources & Authorities

How it applies

Common Examples

Completed Breach After First Trial

Lena used intrusion tools to attempt server access in State X and was convicted there. Days after that trial began she completed a full data breach using the same tools. State Y charged the completed breach. Because the second offense was not consummated when the former trial began the later prosecution proceeds.

Completed Fraud After Initial Indictment

Mark submitted false invoices in State A and was indicted there. Weeks later he finished wiring the proceeds to an offshore account. State B then charged the completed wire-fraud scheme. Because the second offense was not consummated when the former prosecution began the later case proceeds.

second offense

Common Examples

Completed Breach After First Trial

Completed Fraud After Initial Indictment

Key Cases Using This Term

Planned Parenthood of Southeastern Pennsylvania v. Casey

Test Yourself

Practice Questions5

Statutes

Model Codes

Dictionaries

Later Drug Sale After Earlier Arrest

Second Burglary Finished After Arraignment

Completed Escape Plan After First Hearing

Final Act of Conspiracy After Acquittal

Frequently Asked

Apprendi v. New Jersey

Tennessee v. Garner

McCullen v. Coakley

Almendarez-Torres v. United States

Practice Essays5