Montana § 46-11-410 Multiple Charges

Montana Statutes

§ 46-11-410 — Multiple Charges

Montana § 46-11-410

Title 46CRIMINAL PROCEDURE

Ch. 11COMMENCEMENT OF PROSECUTION

Part 4The Charge

This text of Montana § 46-11-410 (Multiple Charges) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 46-11-410 (2026).

Text

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

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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.

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.