Indictment; duplicitous counts prohibited
§ 200.30 Indictment; duplicitous counts prohibited.
1. Each count of an indictment may charge one offense only.
2. For purpose of this section, a statutory provision which defines the offense named in the title thereof by providing, in different subdivisions or paragraphs, different ways in which such named offense may be committed, defines a separate offense in each such subdivision or paragraph, and a count of an indictment charging such named offense which, without specifying or clearly indicating the particular subdivision or paragraph of the statutory provision, alleges facts which would support a conviction under more than one such subdivision or paragraph, charges more than one offense.
1. Each count may charge one offense only. ★
2. A statute that lists different ways to commit the named offense in separate subdivisions defines a separate offense in each; a count that lumps facts supporting more than one subdivision is duplicitous (charges more than one offense).
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.