Montana § 46-3-112 Requisite Act In Multiple Counties

Montana Statutes

§ 46-3-112 — Requisite Act In Multiple Counties

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 3 VENUE·Part 1 General Provisions

46-3-112 . Requisite act in multiple counties.

(1)Except as provided in 46-3-110 (2), if two or more acts are requisite to the commission of an offense or if two or more acts are committed in furtherance of a common scheme, the charge may be filed in any county in which any of the acts or offenses occurred.

(2)Except as provided in 46-3-110 (2), if an act requisite to the commission of an offense occurs or continues in more than one county, the charge may be filed in any county in which the act occurred or continued.

(3)If an element of an offense under 45-5-220 , 45-5-625 , 45-8-212 , or 45-8-213 involves an electronic communication, the charge may be filed in the county in or from which the electronic communication was sent or in the county in which the electronic communication was re

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46-3-112 . Requisite act in multiple counties. (1) Except as provided in 46-3-110 (2), if two or more acts are requisite to the commission of an offense or if two or more acts are committed in furtherance of a common scheme, the charge may be filed in any county in which any of the acts or offenses occurred.
(2) Except as provided in 46-3-110 (2), if an act requisite to the commission of an offense occurs or continues in more than one county, the charge may be filed in any county in which the act occurred or continued.
(3) If an element of an offense under 45-5-220 , 45-5-625 , 45-8-212 , or 45-8-213 involves an electronic communication, the charge may be filed in the county in or from which the electronic communication was sent or in the county in which the electronic communication was received or to which it was sent.

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Legislative History

En. 95-402 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-402; amd. Sec. 1, Ch. 468, L. 1981; amd. Sec. 5, Ch. 800, L. 1991; Sec. 46-3-102 , MCA 1989; redes. 46-3-112 by Code Commissioner, 1991; amd. Sec. 2, Ch. 177, L. 1995; amd. Sec. 5, Ch. 344, L. 2003.