# 11 Del. C. § 208: § Â 208. When prosecution is barred by former prosecution for different offense

> Delaware · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S208

## Section

- **Citation:** 11 Del. C. § 208
- **Heading:** § Â 208. When prosecution is barred by former prosecution for different offense
- **Jurisdiction:** Delaware
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Delaware Code / Title 11 / Chapter 2 / Section 208

## Text

Although a prosecution is for a violation of a different statutory provision or is based on different facts, it is barred by a former prosecution in a court having jurisdiction over the subject matter of the second prosecution under the following circumstances:

(1) The former prosecution resulted in an acquittal which has not subsequently been set aside or in a conviction as defined in § 207 of this title and the subsequent prosecution is for:

a. Any offense of which the defendant could have been convicted on the first prosecution; or

b. The same conduct, unless:

1. The offense for which the defendant is subsequently prosecuted requires proof of a fact not required by the former offense and the law defining each of the offenses is intended to prevent a substantially different harm or evil; or

2. The second offense was not consummated when the former trial began.

(2) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the second offense.

(3) The former prosecution was improperly terminated as improper termination is defined in § 207(4) of this title and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.

## Nearby sections

- [11 Del. C. § 201 § Â
        201. General purposes.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S201.md)
- [11 Del. C. § 202 § Â
        202. All offenses defined by statute.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S202.md)
- [11 Del. C. § 203 § Â
        203. Principles of construction.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S203.md)
- [11 Del. C. § 204 § Â
        204. Territorial applicability.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S204.md)
- [11 Del. C. § 205 § Â
        205. Time limitations.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S205.md)
- [11 Del. C. § 206 § Â
        206. Method of prosecution when conduct constitutes more than 1 offense.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S206.md)
- [11 Del. C. § 207 § Â
        207. When prosecution is barred by former prosecution for the same offense.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S207.md)
- [11 Del. C. § 208 § Â
        208. When prosecution is barred by former prosecution for different offense.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S208.md)
- [11 Del. C. § 209 § Â
        209. Former prosecution in another jurisdiction; when a bar.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S209.md)
- [11 Del. C. § 210 § Â
        210. Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S210.md)
- [11 Del. C. § 211 § Â
        211. Repeal of statutes as affecting existing liabilities.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S211.md)
- [11 Del. C. § 221 § Â
        221. Principles of definitions.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S221.md)
- [11 Del. C. § 222 § Â
        222. General definitions.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S222.md)
- [11 Del. C. § 223 § Â
        223. Words of gender or number.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S223.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_DE_T11_C2_S208. Check the current official text before relying on it. Not legal advice.