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Montana · Through Montana Code Annotated 2025

46-11-410: Multiple charges.

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Where this section sits in the code
  1. TITLE 46. CRIMINAL PROCEDURE
  2. CHAPTER 11. COMMENCEMENT OF PROSECUTION
  3. Part 4. The Charge

(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.

Collected 2026-09-14T04:55:45Z. Source file · JSON

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