§ 106. Method of Prosecution When Conduct Constitutes More Than One Crime.

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

            a. one crime is included in the other; or

            b. one crime consists only of conspiracy, solicitation, or attempt to commit the other and both crimes have the same plaintiff; or

            c. inconsistent findings of fact are required to establish the commission of the crimes; or

            d. the crimes 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

            e. the crime is defined as a continuing course of conduct and the defendant's course of conduct was uninterrupted, unless the law provides that specific periods of such conduct constitute separate crimes.

    2. A defendant shall not be subject to separate trials with the same plaintiff for multiple crimes arising from the same transaction or occurrence, if such crimes are known to the plaintiff at the time of the commencement of the first trial and are within the jurisdiction of a single court, except upon request of the defendant and if the Court decides justice so requires.

    3. A defendant may be convicted of a crime included in a crime charged in the indictment. A crime is so included when it involves the same plaintiff and:

            a. it is established by proof of the same or less than all the facts required to establish the commission of the crime charged; or

            b. it consists of an attempt or solicitation to commit the crime charged or to commit a crime otherwise included therein; or