Montana § 46-11-410 Multiple Charges

Montana Statutes

§ 46-11-410 — Multiple Charges

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 11 COMMENCEMENT OF PROSECUTION·Part 4 The Charge

46-11-410 . Multiple charges.

(1)When the same transaction may establish the commission of more than one offense, a person charged with the conduct may be prosecuted for each offense.

(2)A defendant may not, however, be convicted of more than one offense if:

(a)one offense is included in the other;

(b)one offense consists only of a conspiracy or other form of preparation to commit the other;

(c)inconsistent findings of fact are required to establish the commission of the offenses;

(d)the offenses differ only in that one is defined to prohibit a specific instance of the conduct; or

(e)the offense is defined to prohibit a continuing course of conduct and the defendant's course of conduct was interrupted, unless the law provides that the specific periods of the conduct constitute separ

Free access — add to your briefcase to read the full text and ask questions with AI

46-11-410 . Multiple charges. (1) When the same transaction may establish the commission of more than one offense, a person charged with the conduct may be prosecuted for each offense.
(2) A defendant may not, however, be convicted of more than one offense if:
(a) one offense is included in the other;
(b) one offense consists only of a conspiracy or other form of preparation to commit the other;
(c) inconsistent findings of fact are required to establish the commission of the offenses;
(d) the offenses differ only in that one is defined to prohibit a specific instance of the conduct; or
(e) the offense is defined to prohibit a continuing course of conduct and the defendant's course of conduct was interrupted, unless the law provides that the specific periods of the conduct constitute separate offenses.

Montana § 46-11-410 (Multiple Charges) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. 95-1711 by Sec. 6, Ch. 513, L. 1973; amd. Sec. 25, Ch. 184, L. 1977; R.C.M. 1947, 95-1711(2); amd. Sec. 120, Ch. 800, L. 1991; Sec. 46-11-502 , MCA 1989; redes. 46-11-410 by Code Commissioner, 1991.