Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 1. GENERAL PROVISIONS · Part 2. Definitions
Montana Code Annotated

Mont. Code Ann. § 46-1-202 (2026)

Definitions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 1
  4. Part 2
  5. 46-1-202 Definitions

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 1. GENERAL PROVISIONS

Part 2. Definitions

Definitions

46-1-202. Definitions. As used in this title, unless the context requires otherwise, the following definitions apply:

(1) "Advanced practice registered nurse" means an individual certified as an advanced practice registered nurse provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing.

(2) "Arraignment" means the formal act of calling the defendant into open court to enter a plea answering a charge.

(3) "Arrest" means taking a person into custody in the manner authorized by law.

(4) "Arrest warrant" means a written order from a court directed to a peace officer or to some other person specifically named commanding that officer or person to arrest another. The term includes the original warrant of arrest and a copy certified by the issuing court.

(5) "Bail" means the security given for the primary purpose of ensuring the presence of the defendant in a pending criminal proceeding.

(6) "Charge" means a written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment.

(7) "Conviction" means a judgment or sentence entered upon a guilty or nolo contendere plea or upon a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.

(8) "Court" means a place where justice is judicially administered and includes the judge of the court.

(9) "Included offense" means an offense that:

(a) is established by proof of the same or less than all the facts required to establish the commission of the offense charged;

(b) consists of an attempt to commit the offense charged or to commit an offense otherwise included in the offense charged; or

(c) differs from the offense charged only in the respect that a less serious injury or risk to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commission.

(10) "Judge" means a person who is vested by law with the power to perform judicial functions.

(11) "Judgment" means an adjudication by a court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, it includes the sentence pronounced by the court.

(12) "Make available for examination and reproduction" means to make material and information that is subject to disclosure available upon request at a designated place during specified reasonable times and to provide suitable facilities or arrangements for reproducing it. The term does not mean that the disclosing party is required to make copies at its expense, to deliver the materials or information to the other party, or to supply the facilities or materials required to carry out tests on disclosed items. The parties may by mutual consent make other or additional arrangements.

(13) "New trial" means a reexamination of the issue in the same court before another jury after a verdict or finding has been rendered.

(14) "Notice to appear" means a written direction that is issued by a peace officer and that requests a person to appear before a court at a stated time and place to answer a charge for the alleged commission of an offense.

(15) "Offense" means a violation of any penal statute of this state or any ordinance of its political subdivisions.

(16) "Parole" means the release to the community of a prisoner by a decision of the board of pardons and parole prior to the expiration of the prisoner's term subject to conditions imposed by the board of pardons and parole and the supervision of the department of corrections.

(17) "Peace officer" means any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order and make arrests for offenses while acting within the scope of the person's authority.

(18) "Persistent felony offender" means an offender who has previously been convicted of two separate felonies and who is presently being sentenced for a third felony committed on a different occasion than either of the first two felonies, except for an offender who was on conditional release, felony probation, or felony parole at the time the felony for which the offender is presently being sentenced was committed. At least one of the three felonies must be a sexual offense or a violent offense as those terms are defined in 46-23-502. An offender is considered to have previously been convicted of two separate felonies if:

(a) the two previous felonies were for offenses that were committed in this state or any other jurisdiction for which a sentence of imprisonment in excess of 1 year could have been imposed;

(b) less than 5 years have elapsed between the commission of the present offense and either:

(i) the most recent of the two felony convictions; or

(ii) the offender's release on parole or otherwise from prison or other commitment imposed as a result of a previous felony conviction; and

(c) the offender has not been pardoned on the ground of innocence and the conviction has not been set aside at a postconviction hearing.

(19) (a) "Persistent felony offender under supervision" means an offender who:

(i) was on conditional release, felony probation, or felony parole at the time the offense for which the offender is presently being sentenced was committed;

(ii) has previously been convicted of two separate felonies; and

(iii) is presently being sentenced for a third felony, except as provided in subsection (19)(c).

(b) An offender is considered to have previously been convicted of two separate felonies if:

(i) the two previous felonies were for offenses that were committed in this state or any other jurisdiction for which a sentence of imprisonment in excess of 1 year could have been imposed;

(ii) less than 5 years have elapsed between the commission of the present offense and either:

(A) the most recent of the two felony convictions; or

(B) the offender's release on parole or otherwise from prison or other commitment imposed as a result of a previous felony conviction; and

(iii) the offender has not been pardoned on the ground of innocence and the conviction has not been set aside at a postconviction hearing.

(c) A third felony may not include criminal possession of dangerous drugs pursuant to 45-9-102, a fourth or subsequent offense of driving under the influence pursuant to 61-8-1002, or failure to register pursuant to Title 46, chapter 23.

(20) "Place of trial" means the geographical location and political subdivision in which the court that will hear the cause is situated.

(21) "Preliminary examination" means a hearing before a judge for the purpose of determining if there is probable cause to believe a felony has been committed by the defendant.

(22) "Probation" means release by the court without imprisonment of a defendant found guilty of a crime. The release is subject to the supervision of the department of corrections upon direction of the court.

(23) "Prosecutor" means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision.

(24) "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.

(25) "Search warrant" means an order that is:

(a) in writing;

(b) in the name of the state;

(c) signed by a judge;

(d) a particular description of the place, object, or person to be searched and the evidence, contraband, or person to be seized; and

(e) directed to a peace officer and commands the peace officer to search for evidence, contraband, or persons.

(26) "Sentence" means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty.

(27) "Statement" means:

(a) a writing signed or otherwise adopted or approved by a person;

(b) a video or audio recording of a person's communications or a transcript of the communications; and

(c) a writing containing a summary of a person's oral communications or admissions.

(28) "Summons" means a written order issued by the court that commands a person to appear before a court at a stated time and place to answer a charge for the offense set forth in the order.

(29) "Superseded notes" means handwritten notes, including field notes, that have been substantially incorporated into a statement. The notes may not be considered a statement and are not subject to disclosure except as provided in 46-15-324.

(30) "Temporary road block" means any structure, device, or means used by a peace officer for the purpose of controlling all traffic through a point on the highway where all vehicles may be slowed or stopped.

(31) "Witness" means a person whose testimony is desired in a proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding.

(32) "Work product" means legal research, records, correspondence, reports, and memoranda, both written and oral, to the extent that they contain the opinions, theories, and conclusions of the prosecutor, defense counsel, or their staff or investigators.

History: En. Sec. 2, Ch. 800, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 1, Ch. 262, L. 1993; amd. Sec. 203, Ch. 546, L. 1995; amd. Sec. 6, Ch. 395, L. 1999; amd. Sec. 1, Ch. 303, L. 2001; amd. Sec. 23, Ch. 321, L. 2017; amd. Sec. 1, Ch. 649, L. 2023.

Notes of Decisions
Cited in 159 cases (32 in the last 5 years), 1992–2026 · leading case: State v. Castle, 948 P.2d 688 (Mont. 1997).
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State v. Castle, 948 P.2d 688 (Mont. 1997). · cites it 82× “The Court is incorrect, however, in stating that the issue here "is whether the assault is an included offense under subsection (8)(c) [of § 46-1-202, MCA]." In the District Court, and in his opening brief on appeal to this Court, appellant relied on the "related offense"—or…”
State v. Beavers, 1999 MT 260 (Mont. 1999). · cites it 56× “¶ 25 Whether a particular offense can be considered an included offense of the crime charged must be analyzed under the provisions of § 46-1-202(8), MCA. Section 46-1-202(8), MCA, defines an included offense as one that: (a) [I]s established by proof of the same or less than all…”
State v. Hoffman, 2003 MT 26 (Mont. 2003). · cites it 47× “The statute defining included offenses is § 46-1-202(8), MCA, and the relevant portions of that statute are subsections (a) and (c), each offering alternate definitions of an included offense.”
State v. Hocevar, 2000 MT 157 (Mont. 2000). · cites it 24× “144 ¶When determining whether charges arose out of the same transaction for purposes of the former conviction statute we have referred to the definition of same transaction contained in § 46-1-202(22), MCA. See State v. Waldrup (1994), 264 Mont.”
State v. Rusty Russell, 2008 MT 417 (Mont. 2008). · cites it 22× “¶21 Section 46-1-202(9), MCA, defines “included offense” as follows: “Included offense” means an offense that: (a) is established by proof of the same or less than all the facts required to establish the commission of the offense charged .”
State v. Strong, 2015 MT 251 (Mont. 2015). · cites it 30× “On appeal, the parties dispute whether Strong’s telephone calls constitute conduct that is part of the same transaction and, assuming that they do, whether the calls meet the exception under § 46-11-410(2)(e), MCA.”
State Ex Rel. Booth v. Montana Twenty-First Jud. Dist., 1998 MT 344 (Mont. 1998). · cites it 28× “However, what the majority overlooks is the introductory language to § 46-1-202, MCA, which provides that: "As used in this title, unless the context *333 requires otherwise, the following definitions apply.”
State v. Schmidt, 2009 MT 450 (Mont. 2009). · cites it 19× “" Section 46-1-202(8)(c), MCA. We addressed that statutory definition for the first time in [ State v.”
State v. Gerstner, 2009 MT 303 (Mont. 2009). · cites it 21× “Section 46-1-202(9), MCA. ¶ 36 Like the defendant in Cameron , Gerstner claims that the offense of misdemeanor assault differs from the offense of sexual assault only in the respect that a less serious injury or risk to the same person, property, or public interest or a lesser…”
State v. Martin, 2001 MT 83 (Mont. 2001). · cites it 13× “2d 688 , and § 46-1-202(8)(c), MCA, Martin contends assault on a peace officer is a lesser included offense of attempted deliberate homicide.”
State v. Tomaskie, 2007 MT 103 (Mont. 2007). · cites it 18× “Section 46-1-202(11), MCA. ¶11 A sentence is defined as: “Sentence” means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty.”
State v. Williamson, 1998 MT 199 (Mont. 1998). · cites it 18× “Section 46-1-202(16), MCA. Under this statute, a peace officer's duty to maintain public order and make arrests only arises when the officer is acting within the scope of his or her authority.”
Show all 159 citing cases →
— Mont. Code Ann. § 46-1-202(10) — 12 cases
State v. Lane, 1998 MT 76 (Mont. 1998).
State v. Rogers, 883 P.2d 115 (Mont. 1994).
State v. Todd, 863 P.2d 423 (Mont. 1993).
Bingman v. State, 2005 MT 272 (Mont. 2005).
State v. McKenzie, 894 P.2d 289 (Mont. 1995).
— Mont. Code Ann. § 46-1-202(11) — 11 cases
State v. Tomaskie, 2007 MT 103 (Mont. 2007). “Section 46-1-202(11), MCA. ¶11 A sentence is defined as: “Sentence” means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty.”
Stanley v. Lemire, 2006 MT 304 (Mont. 2006).
State v. R. Collins, 2023 MT 78 (Mont. 2023).
City of Billings v. Costa, 2006 MT 181 (Mont. 2006).
State Ex Rel. Torres v. Montana Eighth Jud. Dist. Court, 877 P.2d 1008 (Mont. 1994).
— Mont. Code Ann. § 46-1-202(14) — 1 case
State v. Weigle, 947 P.2d 1053 (Mont. 1997).
— Mont. Code Ann. § 46-1-202(15) — 8 cases
City of Missoula v. J. Williams, 2017 MT 282 (Mont. 2017).
Ramon v. Short, 2020 MT 69 (Mont. 2020).
State v. Boulton, 2006 MT 170 (Mont. 2006).
State v. Leslie Jon Claassen, 2012 MT 313 (Mont. 2012).
State v. D. Burton, 2017 MT 306 (Mont. 2017).
— Mont. Code Ann. § 46-1-202(16) — 5 cases
State v. Williamson, 1998 MT 199 (Mont. 1998). “Section 46-1-202(16), MCA. Under this statute, a peace officer's duty to maintain public order and make arrests only arises when the officer is acting within the scope of his or her authority.”
State v. Reiner, 2003 MT 243 (Mont. 2003).
State v. Updegraff, 2011 MT 321 (Mont. 2011).
State v. Madsen, 2013 MT 281 (Mont. 2013).
State v. Madsen, 2013 MT 281 (Mont. 2013).
— Mont. Code Ann. § 46-1-202(17) — 4 cases
Brown v. State, 2009 MT 64 (Mont. 2009).
State v. Marcial, 2013 MT 242 (Mont. 2013).
State v. Updegraff, 2011 MT 321 (Mont. 2011).
Maney v. Montana, 842 P.2d 704 (Mont. 1992).
— Mont. Code Ann. § 46-1-202(18) — 12 cases
State v. Thomas, 445 P.3d 777 (Mont. 2019).
State v. A. Scott, 2020 MT 178 (Mont. 2020).
State v. S. Maggi, 2024 MT 90 (Mont. 2024).
State v. W. Rossbach, 2022 MT 2 (Mont. 2022).
State v. Martin, 435 P.3d 73 (Mont. 2019).
— Mont. Code Ann. § 46-1-202(18)(a) — 2 cases
State v. Nelson, 437 P.3d 127 (Mont. 2019).
Sproles v. State, 2021 MT 170N (Mont. 2021).
— Mont. Code Ann. § 46-1-202(18)(b) — 1 case
State v. W. Rossbach, 2022 MT 2 (Mont. 2022).
— Mont. Code Ann. § 46-1-202(18)(b)(ii) — 1 case
State v. W. Rossbach, 2022 MT 2 (Mont. 2022).
— Mont. Code Ann. § 46-1-202(2) — 2 cases
Collins v. Mont. Eighth Jud. Dist. Court, 418 P.3d 672 (Mont. 2018).
Caye v. 20th Jud. Dist., 2025 MT 246 (Mont. 2025).
— Mont. Code Ann. § 46-1-202(20) — 1 case
State v. Vanmoorsel, 2001 MT 281N (Mont. 2001).
— Mont. Code Ann. § 46-1-202(21) — 4 cases
State v. Long, 907 P.2d 945 (Mont. 1995).
In re K.J.R., 391 P.3d 71 (Mont. 2017).
State v. T.Thibeault, 2021 MT 162 (Mont. 2021).
State v. K.J.R., 2017 MT 45 (Mont. 2017).
— Mont. Code Ann. § 46-1-202(22) — 6 cases
State Ex Rel. Booth v. Montana Twenty-First Jud. Dist., 1998 MT 344 (Mont. 1998). “However, what the majority overlooks is the introductory language to § 46-1-202, MCA, which provides that: "As used in this title, unless the context *333 requires otherwise, the following definitions apply.”
State v. Tadewaldt, 922 P.2d 463 (Mont. 1996).
State v. Hocevar, 2000 MT 157 (Mont. 2000). “144 ¶When determining whether charges arose out of the same transaction for purposes of the former conviction statute we have referred to the definition of same transaction contained in § 46-1-202(22), MCA. See State v. Waldrup (1994), 264 Mont.”
State v. Couture, 1998 MT 137 (Mont. 1998).
State v. Condo, 2008 MT 114 (Mont. 2008).
— Mont. Code Ann. § 46-1-202(22)(a) — 2 cases
State v. Hocevar, 2000 MT 157 (Mont. 2000). “144 ¶When determining whether charges arose out of the same transaction for purposes of the former conviction statute we have referred to the definition of same transaction contained in § 46-1-202(22), MCA. See State v. Waldrup (1994), 264 Mont.”
State v. Hocevar, 2000 MT 157 (Mont. 2000).
— Mont. Code Ann. § 46-1-202(23) — 26 cases
State v. Strong, 2015 MT 251 (Mont. 2015). “On appeal, the parties dispute whether Strong’s telephone calls constitute conduct that is part of the same transaction and, assuming that they do, whether the calls meet the exception under § 46-11-410(2)(e), MCA.”
State v. Norman, 2010 MT 253 (Mont. 2010).
State v. Gazda, 2003 MT 350 (Mont. 2003).
State v. Cech, 2007 MT 184 (Mont. 2007).
State v. Hocevar, 2000 MT 157 (Mont. 2000). “144 ¶When determining whether charges arose out of the same transaction for purposes of the former conviction statute we have referred to the definition of same transaction contained in § 46-1-202(22), MCA. See State v. Waldrup (1994), 264 Mont.”
— Mont. Code Ann. § 46-1-202(23)(a) — 5 cases
State v. Ellison, 428 P.3d 826 (Mont. 2018).
State v. J Felde, 2021 MT 1 (Mont. 2021).
State v. B. Glass, 2017 MT 128 (Mont. 2017).
State v. Kopp, 2011 MT 125 (Mont. 2011).
State v. M. Dunne, 2022 MT 226 (Mont. 2022).
— Mont. Code Ann. § 46-1-202(23)(b) — 2 cases
State v. Strong, 2015 MT 251 (Mont. 2015). “On appeal, the parties dispute whether Strong’s telephone calls constitute conduct that is part of the same transaction and, assuming that they do, whether the calls meet the exception under § 46-11-410(2)(e), MCA.”
State v. D. Burton, 2017 MT 306 (Mont. 2017).
— Mont. Code Ann. § 46-1-202(24) — 4 cases
State v. Lane, 1998 MT 76 (Mont. 1998).
State v. Rice, 910 P.2d 245 (Mont. 1996).
Davis v. State, 2004 MT 112 (Mont. 2004).
State v. Roberts, 2025 MT 110 (Mont. 2025).
— Mont. Code Ann. § 46-1-202(25) — 9 cases
United States v. Juv. Male, 2011 MT 104 (Mont. 2011).
State v. Tomaskie, 2007 MT 103 (Mont. 2007). “Section 46-1-202(11), MCA. ¶11 A sentence is defined as: “Sentence” means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty.”
State v. Betterman, 2015 MT 39 (Mont. 2015).
State v. R. Collins, 2023 MT 78 (Mont. 2023).
State v. William Cleary, 2012 MT 113 (Mont. 2012).
— Mont. Code Ann. § 46-1-202(26) — 2 cases
State v. Pope, 2017 MT 12 (Mont. 2017).
State v. Partain, 2025 MT 83 (Mont. 2025).
— Mont. Code Ann. § 46-1-202(3) — 4 cases
Ramon v. Short, 2020 MT 69 (Mont. 2020).
State v. Norvell, 440 P.3d 634 (Mont. 2019).
State v. R. Zitnik, 2023 MT 131 (Mont. 2023).
City of Helena v. Parsons, 436 P.3d 710 (Mont. 2019).
— Mont. Code Ann. § 46-1-202(31) — 1 case
State v. Pope, 2017 MT 12 (Mont. 2017).
— Mont. Code Ann. § 46-1-202(4) — 1 case
Ramon v. Short, 2020 MT 69 (Mont. 2020).
— Mont. Code Ann. § 46-1-202(6) — 4 cases
State v. Tadewaldt, 922 P.2d 463 (Mont. 1996).
Bingman v. State, 2005 MT 272 (Mont. 2005).
State v. Diesen, 1998 MT 163 (Mont. 1998).
State v. Caldwell, 1998 MT 261 (Mont. 1998).
— Mont. Code Ann. § 46-1-202(7) — 11 cases
State v. J. Stone, 2017 MT 189 (Mont. 2017).
State v. Tomaskie, 2007 MT 103 (Mont. 2007). “Section 46-1-202(11), MCA. ¶11 A sentence is defined as: “Sentence” means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty.”
United States v. Juv. Male, 2011 MT 104 (Mont. 2011).
State v. Villanueva, 2005 MT 192 (Mont. 2005).
Estates of Louisa & Swen Swanson, 2008 MT 224 (Mont. 2008).
— Mont. Code Ann. § 46-1-202(8) — 13 cases
State v. Hoffman, 2003 MT 26 (Mont. 2003). “The statute defining included offenses is § 46-1-202(8), MCA, and the relevant portions of that statute are subsections (a) and (c), each offering alternate definitions of an included offense.”
State v. Beavers, 1999 MT 260 (Mont. 1999). “¶ 25 Whether a particular offense can be considered an included offense of the crime charged must be analyzed under the provisions of § 46-1-202(8), MCA. Section 46-1-202(8), MCA, defines an included offense as one that: (a) [I]s established by proof of the same or less than all…”
Duffy v. State, 2005 MT 228 (Mont. 2005).
State v. Fuqua, 2000 MT 273 (Mont. 2000).
State v. Greywater, 939 P.2d 975 (Mont. 1997).
— Mont. Code Ann. § 46-1-202(8)(a) — 4 cases
State v. Beavers, 1999 MT 260 (Mont. 1999). “¶ 25 Whether a particular offense can be considered an included offense of the crime charged must be analyzed under the provisions of § 46-1-202(8), MCA. Section 46-1-202(8), MCA, defines an included offense as one that: (a) [I]s established by proof of the same or less than all…”
State v. Castle, 948 P.2d 688 (Mont. 1997). “The Court is incorrect, however, in stating that the issue here "is whether the assault is an included offense under subsection (8)(c) [of § 46-1-202, MCA]." In the District Court, and in his opening brief on appeal to this Court, appellant relied on the "related offense"—or…”
State v. Hoffman, 2003 MT 26 (Mont. 2003). “The statute defining included offenses is § 46-1-202(8), MCA, and the relevant portions of that statute are subsections (a) and (c), each offering alternate definitions of an included offense.”
State v. Smith, 916 P.2d 773 (Mont. 1996).
— Mont. Code Ann. § 46-1-202(8)(b) — 1 case
State v. Beavers, 1999 MT 260 (Mont. 1999). “¶ 25 Whether a particular offense can be considered an included offense of the crime charged must be analyzed under the provisions of § 46-1-202(8), MCA. Section 46-1-202(8), MCA, defines an included offense as one that: (a) [I]s established by proof of the same or less than all…”
— Mont. Code Ann. § 46-1-202(8)(c) — 8 cases
State v. Castle, 948 P.2d 688 (Mont. 1997). “The Court is incorrect, however, in stating that the issue here "is whether the assault is an included offense under subsection (8)(c) [of § 46-1-202, MCA]." In the District Court, and in his opening brief on appeal to this Court, appellant relied on the "related offense"—or…”
State v. Martin, 2001 MT 83 (Mont. 2001). “2d 688 , and § 46-1-202(8)(c), MCA, Martin contends assault on a peace officer is a lesser included offense of attempted deliberate homicide.”
State v. Hoffman, 2003 MT 26 (Mont. 2003). “The statute defining included offenses is § 46-1-202(8), MCA, and the relevant portions of that statute are subsections (a) and (c), each offering alternate definitions of an included offense.”
State v. Beavers, 1999 MT 260 (Mont. 1999). “¶ 25 Whether a particular offense can be considered an included offense of the crime charged must be analyzed under the provisions of § 46-1-202(8), MCA. Section 46-1-202(8), MCA, defines an included offense as one that: (a) [I]s established by proof of the same or less than all…”
State v. Schmidt, 2009 MT 450 (Mont. 2009). “" Section 46-1-202(8)(c), MCA. We addressed that statutory definition for the first time in [ State v.”
— Mont. Code Ann. § 46-1-202(9) — 21 cases
State v. Rusty Russell, 2008 MT 417 (Mont. 2008). “¶21 Section 46-1-202(9), MCA, defines “included offense” as follows: “Included offense” means an offense that: (a) is established by proof of the same or less than all the facts required to establish the commission of the offense charged .”
State v. Cameron, 2005 MT 32 (Mont. 2005).
State v. Gerstner, 2009 MT 303 (Mont. 2009). “Section 46-1-202(9), MCA. ¶ 36 Like the defendant in Cameron , Gerstner claims that the offense of misdemeanor assault differs from the offense of sexual assault only in the respect that a less serious injury or risk to the same person, property, or public interest or a lesser…”
State v. Williams, 2010 MT 58 (Mont. 2010).
State v. Becker, 2005 MT 75 (Mont. 2005).
— Mont. Code Ann. § 46-1-202(9)(a) — 27 cases
State v. Rusty Russell, 2008 MT 417 (Mont. 2008). “¶21 Section 46-1-202(9), MCA, defines “included offense” as follows: “Included offense” means an offense that: (a) is established by proof of the same or less than all the facts required to establish the commission of the offense charged .”
State v. Schmidt, 2009 MT 450 (Mont. 2009). “" Section 46-1-202(8)(c), MCA. We addressed that statutory definition for the first time in [ State v.”
State v. Parks, 2013 MT 280 (Mont. 2013).
State v. G. Denny, 2021 MT 104 (Mont. 2021).
State v. J Felde, 2021 MT 1 (Mont. 2021).
— Mont. Code Ann. § 46-1-202(9)(c) — 4 cases
State v. Gerstner, 2009 MT 303 (Mont. 2009). “Section 46-1-202(9), MCA. ¶ 36 Like the defendant in Cameron , Gerstner claims that the offense of misdemeanor assault differs from the offense of sexual assault only in the respect that a less serious injury or risk to the same person, property, or public interest or a lesser…”
State v. D. Ohl, 2022 MT 241 (Mont. 2022).
State v. Molenda, 2010 MT 215 (Mont. 2010).
State v. Aune, 2006 MT 113 (Mont. 2006).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.