46.3107 Limitation on conviction for multiple offenses.

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When the same conduct of a person may establish the commission of more than 1 offense, he may be prosecuted for each offense. He may not, however, be convicted of more than 1 offense if:

(1) 1 offense is included in the other, as defined in 46.3108; or

(2) inconsistent findings of fact are required to establish the commission of the offenses; or

(3) the offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of conduct; or

(4) the offense is defined as a continuing course of conduct and the person’s course of conduct was uninterrupted unless the law provides that specific periods of that conduct constitute separate offenses.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 556 041.