21-3107.Multiple prosecutions for same act; lesserincluded crimes.(1) When the same conduct of a defendant may establish the commission ofmore than one crime under the laws of this state, the defendant may beprosecuted for each of such crimes. Each of such crimes may be alleged as aseparate count in a single complaint, information or indictment.
(2) Upon prosecution for a crime, the defendant may be convicted ofeither the crime charged or a lesser included crime, but not both.A lesser includedcrime is:
(a) A lesser degree of the same crime;
(b) a crime where all elements of the lesser crime are identical to someof the elements of the crime charged;
(c) an attempt to commit the crime charged; or
(d) an attempt to commit a crime defined under subsection (2)(a) or(2)(b).
(3) Whenever charges are filed against a person, accusing theperson ofa crime which includes another crime of which the person has beenconvicted, the conviction of the lesser included crime shall not barprosecutionor conviction of the crime charged if the crime charged was notconsummated at the time of conviction of the lesser included crime, but theconviction of the lesser included crime shall be annulled upon the filingof suchcharges. Evidence of the person's plea or any admission or statement madeby the person in connection therewith in any of the proceedings whichresulted in the person's conviction of the lesser included crime shall notbeadmissible at the trial of the crime charged. If the person is convictedof the crime charged, or of a lesser included crime, the person soconvictedshall receive credit against any prison sentence imposed or fine to be paidfor the period of confinement actually served or the amount of any fineactually paid under the sentence imposed for the annulled conviction.
21-3107.Multiple prosecutions for same act; lesserincluded crimes.(1) When the same conduct of a defendant may establish the commission ofmore than one crime under the laws of this state, the defendant may beprosecuted for each of such crimes. Each of such crimes may be alleged as aseparate count in a single complaint, information or indictment.
(2) Upon prosecution for a crime, the defendant may be convicted ofeither the crime charged or a lesser included crime, but not both.A lesser includedcrime is:
(a) A lesser degree of the same crime;
(b) a crime where all elements of the lesser crime are identical to someof the elements of the crime charged;
(c) an attempt to commit the crime charged; or
(d) an attempt to commit a crime defined under subsection (2)(a) or(2)(b).
(3) Whenever charges are filed against a person, accusing theperson ofa crime which includes another crime of which the person has beenconvicted, the conviction of the lesser included crime shall not barprosecutionor conviction of the crime charged if the crime charged was notconsummated at the time of conviction of the lesser included crime, but theconviction of the lesser included crime shall be annulled upon the filingof suchcharges. Evidence of the person's plea or any admission or statement madeby the person in connection therewith in any of the proceedings whichresulted in the person's conviction of the lesser included crime shall notbeadmissible at the trial of the crime charged. If the person is convictedof the crime charged, or of a lesser included crime, the person soconvictedshall receive credit against any prison sentence imposed or fine to be paidfor the period of confinement actually served or the amount of any fineactually paid under the sentence imposed for the annulled conviction.
21-3107.Multiple prosecutions for same act; lesserincluded crimes.(1) When the same conduct of a defendant may establish the commission ofmore than one crime under the laws of this state, the defendant may beprosecuted for each of such crimes. Each of such crimes may be alleged as aseparate count in a single complaint, information or indictment.
(2) Upon prosecution for a crime, the defendant may be convicted ofeither the crime charged or a lesser included crime, but not both.A lesser includedcrime is:
(a) A lesser degree of the same crime;
(b) a crime where all elements of the lesser crime are identical to someof the elements of the crime charged;
(c) an attempt to commit the crime charged; or
(d) an attempt to commit a crime defined under subsection (2)(a) or(2)(b).
(3) Whenever charges are filed against a person, accusing theperson ofa crime which includes another crime of which the person has beenconvicted, the conviction of the lesser included crime shall not barprosecutionor conviction of the crime charged if the crime charged was notconsummated at the time of conviction of the lesser included crime, but theconviction of the lesser included crime shall be annulled upon the filingof suchcharges. Evidence of the person's plea or any admission or statement madeby the person in connection therewith in any of the proceedings whichresulted in the person's conviction of the lesser included crime shall notbeadmissible at the trial of the crime charged. If the person is convictedof the crime charged, or of a lesser included crime, the person soconvictedshall receive credit against any prison sentence imposed or fine to be paidfor the period of confinement actually served or the amount of any fineactually paid under the sentence imposed for the annulled conviction.
