Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 11. COMMENCEMENT OF PROSECUTION · Part 5. Effect of Former Prosecutions
Montana Code Annotated

Mont. Code Ann. § 46-11-501 (2026)

Repealed

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 11
  4. Part 5
  5. 46-11-501 Repealed

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 11. COMMENCEMENT OF PROSECUTION

Part 5. Effect of Former Prosecutions

Repealed

46-11-501. Repealed. Sec. 263, Ch. 800, L. 1991.

History: En. 95-1711 by Sec. 6, Ch. 513, L. 1973; amd. Sec. 25, Ch. 184, L. 1977; R.C.M. 1947, 95-1711(1).

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1979–2021 · leading case: State v. Coleman, 605 P.2d 1000 (Mont. 1979).
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State v. Coleman, 605 P.2d 1000 (Mont. 1979). · cites it 7× “Defendant contends the aggravated kidnapping conviction is barred by the Fifth Amendment to the United States Constitution and the 1972 Montana Constitution, Art.”
State v. Sharp, 702 P.2d 959 (Mont. 1985). · cites it 6× “Section 46-11-501, MCA, defines what is an "included offense" under our State statutes.”
State v. Bretz, 605 P.2d 974 (Mont. 1979). · cites it 8× “1947, now section 46-11-501 MCA: "(1)(a) The term `same transaction' includes conduct consisting of: ".”
State v. Tadewaldt, 922 P.2d 463 (Mont. 1996). · cites it 4× “Compare § 46-1-202(22), MCA, with §§ 46-11-501(1)(a), MCA (1987) (applied in Sword, 747 P.”
State v. Crowder, 810 P.2d 299 (Mont. 1991). · cites it 4× “These charges arose from the search of Crowder's residence, where police found a vial containing methamphetamine residue on Crowder's person and discovered another vial containing methamphetamine residue in Crowder's bedroom, as well as methamphetamine in a coffee filter located…”
State v. Wolfe, 821 P.2d 339 (Mont. 1991). · cites it 6× “Section 46-11-501, MCA, defines "same transaction" as follows: (1) The term "same transaction" includes conduct consisting of: (a) a series of acts or omissions which are motivated by a purpose to accomplish a criminal objective and which are necessary or incidental to the…”
State v. Longneck, 640 P.2d 436 (Mont. 1981). · cites it 3× “Section 46-11-501(2), MCA. Neither of these crimes was proven at trial.”
State v. C. Valenzuela, 2021 MT 244 (Mont. 2021). · cites it 7× “for sexual assault would be based upon the same sexual contact with the same victim on the same dates as alleged in the incest charge,” as referenced in § 46-11-501(1), MCA (“same transaction” definition).”
State v. Ritchson, 630 P.2d 234 (Mont. 1981). · cites it 3× “” The term “included offense” is defined in section 46-11-501(2), MCA, as follows: “(2) An offense is an ‘included offense’ when: “(a) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged; “(b) it consists…”
State v. Buckman, 630 P.2d 743 (Mont. 1981). · cites it 5× “” Section 46-11-501 (2)(a), MCA. Buckman argues that in the present case the same fact used to establish the aggravated assault charge is also used to establish the restraint by use, or threat to use, physical force element of aggravated kidnapping.”
State v. Peterson, 741 P.2d 392 (Mont. 1987). · cites it 3× “Section 46-11-501(2)(a), MCA, provides: An offense is an "included offense" when it is established by proof of the same or less than all the facts required to establish the commission of the offense charged.”
State v. Close, 623 P.2d 940 (Mont. 1981). “The relevant crimes and statutes are deliberate homicide, section 45-5-102, MCA; robbery, section 45-5-401, MCA; aggravated kidnapping, section 45-5-303, MCA; and sections 46-11-501 and -502, MCA, multiple charges and prosecutions statutes.”
Show all 17 citing cases →
Mont. Code Ann. § 46-11-501(1): 2 cases
State v. Crowder, 810 P.2d 299 (Mont. 1991). “These charges arose from the search of Crowder's residence, where police found a vial containing methamphetamine residue on Crowder's person and discovered another vial containing methamphetamine residue in Crowder's bedroom, as well as methamphetamine in a coffee filter located…”
State v. C. Valenzuela, 2021 MT 244 (Mont. 2021). “for sexual assault would be based upon the same sexual contact with the same victim on the same dates as alleged in the incest charge,” as referenced in § 46-11-501(1), MCA (“same transaction” definition).”
Mont. Code Ann. § 46-11-501(1)(a): 1 case
State v. Tadewaldt, 922 P.2d 463 (Mont. 1996). “Compare § 46-1-202(22), MCA, with §§ 46-11-501(1)(a), MCA (1987) (applied in Sword, 747 P.”
Mont. Code Ann. § 46-11-501(2): 4 cases
State v. Longneck, 640 P.2d 436 (Mont. 1981). “Section 46-11-501(2), MCA. Neither of these crimes was proven at trial.”
State v. Ritchson, 630 P.2d 234 (Mont. 1981). “” The term “included offense” is defined in section 46-11-501(2), MCA, as follows: “(2) An offense is an ‘included offense’ when: “(a) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged; “(b) it consists…”
State v. Perry, 590 P.2d 1129 (Mont. 1979).
State v. Albrecht, 791 P.2d 760 (Mont. 1990).
Mont. Code Ann. § 46-11-501(2)(a): 6 cases
State v. Coleman, 605 P.2d 1000 (Mont. 1979). “Defendant contends the aggravated kidnapping conviction is barred by the Fifth Amendment to the United States Constitution and the 1972 Montana Constitution, Art.”
State v. Peterson, 741 P.2d 392 (Mont. 1987). “Section 46-11-501(2)(a), MCA, provides: An offense is an "included offense" when it is established by proof of the same or less than all the facts required to establish the commission of the offense charged.”
State v. Buckman, 630 P.2d 743 (Mont. 1981). “” Section 46-11-501 (2)(a), MCA. Buckman argues that in the present case the same fact used to establish the aggravated assault charge is also used to establish the restraint by use, or threat to use, physical force element of aggravated kidnapping.”
State v. Blinzler, 599 P.2d 349 (Mont. 1979).
State v. C. Valenzuela, 2021 MT 244 (Mont. 2021). “for sexual assault would be based upon the same sexual contact with the same victim on the same dates as alleged in the incest charge,” as referenced in § 46-11-501(1), MCA (“same transaction” definition).”
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