Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 3. VENUE · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 46-3-112 (2026)

Requisite Act In Multiple Counties

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 3
  4. Part 1
  5. 46-3-112 Requisite act in multiple counties

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 3. VENUE

Part 1. General Provisions

Requisite Act In Multiple Counties

46-3-112. Requisite act in multiple counties. (1) Except as provided in 46-3-110(2), if two or more acts are requisite to the commission of an offense or if two or more acts are committed in furtherance of a common scheme, the charge may be filed in any county in which any of the acts or offenses occurred.

(2) Except as provided in 46-3-110(2), if an act requisite to the commission of an offense occurs or continues in more than one county, the charge may be filed in any county in which the act occurred or continued.

(3) If an element of an offense under 45-5-220, 45-5-625, 45-8-212, or 45-8-213 involves an electronic communication, the charge may be filed in the county in or from which the electronic communication was sent or in the county in which the electronic communication was received or to which it was sent.

History: En. 95-402 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-402; amd. Sec. 1, Ch. 468, L. 1981; amd. Sec. 5, Ch. 800, L. 1991; Sec. 46-3-102, MCA 1989; redes. 46-3-112 by Code Commissioner, 1991; amd. Sec. 2, Ch. 177, L. 1995; amd. Sec. 5, Ch. 344, L. 2003.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1995–2024 · leading case: State v. Price, 2002 MT 229 (Mont. 2002).
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State v. Price, 2002 MT 229 (Mont. 2002). · cites it 13× “Section 46-3-112, MCA, states: (1) Except as provided in 46-3-110(2), if two or more acts are requisite to the commission of an offense or if two or more acts are committed in furtherance of a common scheme, the charge may be filed in any county in which any of the acts or…”
State v. Cooney, 894 P.2d 303 (Mont. 1995). · cites it 22× “49 , and the plain language of § 46-3-112, MCA, that is all that was required.”
State v. Galpin, 2003 MT 324 (Mont. 2003). · cites it 13× “DISCUSSION ¶20 Did the District Court err in denying Galpin’s motion to dismiss for improper venue? ¶21 Galpin argues the District Court erred in denying his pre-trial motion to dismiss the charges of criminal possession of methamphetamine (Sanders County) and possession of…”
State v. Cybulski, 2009 MT 70 (Mont. 2009). · cites it 6× “Section 46-3-112(1), MCA, provides that “if two or more acts are requisite to the commission of an offense .”
State v. Ruiz, 2004 MT 135 (Mont. 2004). · cites it 14× “Consequently, pursuant to § 46-3-112, MCA, it was appropriate for the State to bring the outfitting without a license charge in Missoula County.”
State v. Diesen, 2000 MT 1 (Mont. 2000). · cites it 4× “2d 856, 857 (noting, similarly, that what is now § 46-3-112, MCA, constitutes a statutory exception to the "general rule" that "venue is proper only in the jurisdiction where the crime occurred").”
State v. Deshazer, 2016 MT 8 (Mont. 2016). · cites it 3× “” Section 46-3-112(1), MCA. Similarly, “if the county in which the offense was committed cannot be readily determined, the offender may be charged in any county in which it appears that an element of the offense occurred.”
State v. Deshazer, 2016 MT 8 (Mont. 2016). · cites it 3× “” Section 46-3-112(1), MCA. Similarly, “if the county in which the offense was committed cannot be readily determined, the offender may be charged in any county in which it appears that an element of the offense occurred.”
State v. S. Dooling, 2024 MT 286N (Mont. 2024). · cites it 3× “” Section 46-3-112(2), MCA. ¶8 Section 45-6-301(1)(a), MCA, provides: A person commits the offense of theft when the person purposely or knowingly obtains or exerts unauthorized control over property of the owner and: (a) has the purpose of depriving the owner of the property[.”
Mont. Code Ann. § 46-3-112(1): 6 cases
State v. Price, 2002 MT 229 (Mont. 2002). “Section 46-3-112, MCA, states: (1) Except as provided in 46-3-110(2), if two or more acts are requisite to the commission of an offense or if two or more acts are committed in furtherance of a common scheme, the charge may be filed in any county in which any of the acts or…”
State v. Galpin, 2003 MT 324 (Mont. 2003). “DISCUSSION ¶20 Did the District Court err in denying Galpin’s motion to dismiss for improper venue? ¶21 Galpin argues the District Court erred in denying his pre-trial motion to dismiss the charges of criminal possession of methamphetamine (Sanders County) and possession of…”
State v. Cybulski, 2009 MT 70 (Mont. 2009). “Section 46-3-112(1), MCA, provides that “if two or more acts are requisite to the commission of an offense .”
State v. Ruiz, 2004 MT 135 (Mont. 2004). “Consequently, pursuant to § 46-3-112, MCA, it was appropriate for the State to bring the outfitting without a license charge in Missoula County.”
State v. Deshazer, 2016 MT 8 (Mont. 2016). “” Section 46-3-112(1), MCA. Similarly, “if the county in which the offense was committed cannot be readily determined, the offender may be charged in any county in which it appears that an element of the offense occurred.”
Mont. Code Ann. § 46-3-112(2): 4 cases
State v. Cooney, 894 P.2d 303 (Mont. 1995). “49 , and the plain language of § 46-3-112, MCA, that is all that was required.”
State v. Cybulski, 2009 MT 70 (Mont. 2009). “Section 46-3-112(1), MCA, provides that “if two or more acts are requisite to the commission of an offense .”
State v. Price, 2002 MT 229 (Mont. 2002). “Section 46-3-112, MCA, states: (1) Except as provided in 46-3-110(2), if two or more acts are requisite to the commission of an offense or if two or more acts are committed in furtherance of a common scheme, the charge may be filed in any county in which any of the acts or…”
State v. S. Dooling, 2024 MT 286N (Mont. 2024). “” Section 46-3-112(2), MCA. ¶8 Section 45-6-301(1)(a), MCA, provides: A person commits the offense of theft when the person purposely or knowingly obtains or exerts unauthorized control over property of the owner and: (a) has the purpose of depriving the owner of the property[.”
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.