New Jersey § 2c:1-11

§ 2c:1-11.

When conduct constitutes an offense within the concurrent jurisdiction of this State

and of the United States, a prosecution in the District Court of the United States

is a bar to a subsequent prosecution in this State under the following circumstances: a. The first prosecution resulted in an acquittal or in a conviction, or in an improper

termination as defined in section 2C:1-9 and the subsequent prosecution is based on the same conduct, unless (1) the offense

of which the defendant was formerly convicted or acquitted and the offense for which

he is subsequently prosecuted each requires proof of a fact not required by the other

and the law defining each of such offenses is intended to prevent a substantially

different harm or evil or (2) the offense for which the defendant is subsequently

prosecuted is intended to prevent a substantially more serious harm or evil than the

offense of which he was formerly convicted or acquitted or (3) the second offense

was not consummated when the former trial began; or b. The former prosecution was terminated, after the information was filed or the indictment

found, 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 offense of which the defendant is subsequently prosecuted.