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(1) A prosecution is barred if the defendant was formerly prosecuted for the same offense, based upon the same facts, if such former prosecution:

(a) Resulted in either a conviction or an acquittal or in a determination inconsistent that the evidence was insufficient to warrant a conviction; or

(b) Was terminated by a final order or judgment, even if entered before trial, which required a determination inconsistent with any fact or legal proposition necessary to a conviction in the subsequent prosecution; or

(c) Was terminated without the consent of the defendant after the defendant had been placed in jeopardy, except where such termination shall have occurred by reason of the illness or death of an indispensable party. A defendant is in jeopardy when he or she is put on trial in a court of competent jurisdiction upon an indictment, information, complaint and/or notice to appear, sufficient in form and substance to sustain a conviction or where the case is tried to the court, when the court has begun to hear evidence.

A conviction of an included offense is an acquittal of the offense charged.

(2) A prosecution is barred if the defendant was formerly prosecuted for a different offense, or for the same crime based upon different facts, if such former prosecution:

(a) Resulted in either a conviction or an acquittal and the subsequent prosecution is for an offense or offenses of which evidence has been admitted in the former prosecution and which might have been included as other counts in the complaint and/or notice to appear, indictment or information filed in such former prosecution or upon which the prosecution then might have elected to reply; or was for a crime which involves the same conduct, unless each prosecution requires proof of a fact not required in the other prosecution, or the offense was not consummated when the former trial began; or

(b) Was terminated by a final order or judgment, even if entered before trial, which required a determination inconsistent with any fact necessary to a conviction in the subsequent prosecution; and

(c) Was terminated without the consent of the defendant after the defendant had been placed in jeopardy, except where such termination shall have occurred by reason of the illness or death of an indispensable party.

(3) A prosecution is barred if the defendant was formerly prosecuted in a district court of the United States or in a court of proper jurisdiction of a sister state or in the municipal court of another city or a district court of Kansas for a crime which is within the concurrent jurisdiction of this city, if such former prosecution:

(a) Resulted in either a conviction or an acquittal, and the subsequent prosecution is for the same conduct, unless each prosecution requires proof of a fact not required in the other prosecution, or the offense was not consummated when the former trial began; or

(b) Was terminated by a final order of judgment, even if entered before trial, which required a determination inconsistent with any fact necessary to a conviction in the prosecution in this state.

(4) A prosecution is not barred under this Section:

(a) By a former prosecution before a court which lacked jurisdiction over the defendant or the offense; or

(b) By a former prosecution procured by the defendant without the knowledge of a prosecuting officer authorized to commence a prosecution for the maximum offense which might have been charged on the facts known to the defendant, and with the purpose of avoiding the sentence which otherwise might be imposed; or

(c) If subsequent proceedings resulted in the invalidation, setting aside, reversal or vacating of the conviction, unless the defendant was adjudged not guilty.

(5) In no case where a conviction for a lesser included crime has been invalidated, set aside, reversed or vacated shall the defendant be subsequently prosecuted for a higher degree of the crime for which such defendant was originally convicted. (Ord. 83-75 § 2, 1983.)