Indiana § 35-41-4-6 - Invalid or fraudulently procured prosecution not a bar
Full text of Indiana Indiana Code § 35-41-4-6 — Invalid or fraudulently procured prosecution not a bar, with citation guidance and answers to common questions.
§ 35-41-4-6. Invalid or fraudulently procured prosecution not a bar
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.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.21.
IC 35-41-5Chapter 5. Offenses of General Applicability
35-41-5-1Attempt 35-41-5-2Conspiracy 35-41-5-3Multiple convictions
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 35-41-4-6
What does Indiana Code § 35-41-4-6 cover?
Section 35-41-4-6 ("Invalid or fraudulently procured prosecution not a bar") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 35-41-4-6?
A common citation format is "Indiana Code § 35-41-4-6" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 35-41-4-6 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.