§ 1-12. Prosecution where different penalties exist for same offense.

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

(1)

One offense is included in the other, as defined in section 1-13;

(2)

Inconsistent findings of fact are required to establish the commission of the offenses;

(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 such 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 such conduct constitute separate offenses.

(Code 1969, § 1-9; Ord. No. 1266, § 1, 4-16-1981)

State law reference

Similar provisions, RSMo 556.041.