Q: Is it legal to be charged for the same charge in two different states
A: Yours is a complex question suitable for law school. The starting point would be the status of the two states as sovereign entities under the US Constitution. Each State has the right to enforce its laws. The limit of a State’s power to prosecute is likely a product of both jurisdiction and due process. The State court jurisdiction is probably set by its own constitution and statutes. If either, or both, of the States do not have jurisdiction under its own law, then one or both States would lack jurisdiction to prosecute. Regardless of the State law, federal due process, equal protection and privileges and immunities would likely prevent a State from prosecuting a citizen of another State when the alleged crime causes no criminal effect in the prosecuting State, and when there is no intent for a criminal effect in the prosecuting State. The opposite could be true if the is an effect, or an intent to cause an effect, in multiple States. In such a situation a person could be subject to prosecution in more than one State, and possibly by the federal government as well. What you call the “same charge” may be a point of confusion. Each of the various States has its own criminal code, as does the federal government, so the prosecution of similar crimes in different States could not be the “same charge” because of differences in criminal codes and constitutions, application of federal constitutional principles. As an example, a person standing just inside Florida could shoot at a person just inside Georgia with intent to murder. Both States would have jurisdiction to prosecute, but under different statutes and for different jurisdictional reasons. Alabama couldn’t prosecute for the shooting if there were no effects in Alabama. But if there were a conspiracy to commit murder, which spanned all three States, then all three could prosecute the conspiracy. Not sure why you would be interested in this, but I hope this is helpful.
Tim Akpinar agrees with this answer
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