{"data":{"id":"us-mt/46-11-504","jurisdiction":"us-mt","citation":"46-11-504","heading":"Former prosecution in another jurisdiction.","body":"When conduct constitutes an offense within the jurisdiction of any state or federal court, a prosecution in any jurisdiction is a bar to a subsequent prosecution in this state if:\n(1) the first prosecution resulted in an acquittal or in a conviction and the subsequent prosecution is based on an offense arising out of the same transaction; or\n(2) the former prosecution was terminated, after the charge had been filed, by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and the acquittal, final order, or judgment necessarily required a determination inconsistent with a fact that must be established for conviction of the offense for which the defendant is subsequently prosecuted.","path":["TITLE 46. CRIMINAL PROCEDURE","CHAPTER 11. COMMENCEMENT OF PROSECUTION","Part 5. Effect of Former Prosecutions"],"source_url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0110/part_0050/section_0040/0460-0110-0050-0040.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:45Z","sha256":"8358fb680dd1f91edb178d4224fc02654eee72db82f6a866572f0912bf8f650f","source_id":"us-mt","stale":false,"prev":"us-mt/46-11-503","next":"us-mt/46-11-505"},"notice":"GroundRules: Original legal text. Not legal advice."}