If a violation of this chapter is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.
1971 c. 219
;
1995 a. 448
s.
272
; Stats. 1995 s. 961.45.
Under this section, a "prosecution" is to be equated with a conviction or acquittal. The date on which a sentence is imposed is not relevant to the determination of whether a "prosecution" has occurred. State v. Petty,
201 Wis. 2d 337
,
548 N.W.2d 817
(1996),
93-2200
.
This section bars a Wisconsin prosecution under ch. 961 for the same conduct on which a prior federal conviction is based. The restriction is not limited to the same crime as defined by its statutory elements. State v. Hansen,
2001 WI 53
,
243 Wis. 2d 328
,
627 N.W.2d 195
,
99-1128
.
If a conspiracy involves multi-layered conduct, and all such conduct is part of the overarching common scheme, this section does not bar prosecution when some other part of the multi-layered conduct has resulted in a prosecution in some other jurisdiction. State v. Bautista,
2009 WI App 100
,
320 Wis. 2d 582
,
770 N.W.2d 744
,
08-1692
.
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