Montana Code 46-11-410. Multiple charges
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.
Terms Used In Montana Code 46-11-410
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Same transaction: means conduct consisting of a series of acts or omissions that are motivated by:
(a)a purpose to accomplish a criminal objective and that are necessary or incidental to the accomplishment of that objective; or
(b)a common purpose or plan that results in the repeated commission of the same offense or effect upon the same person or the property of the same person. See Montana Code 46-1-202
(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.