Ravalli County Montana Sheriff may be confused about the criminal statues that apply to my criminal complaints.
I met with Sheriff Hoffman outside the Justice Court building in Hamilton Montana. The Sheriff indicated that I needed to file my criminal charges where I live. I told him that would be hard since I am homeless and crimes happened when I was in as many as 49 states.
It only took me about two minutes back at the motel to determine that Sheriff Hoffman was mistaken. When I return to file my charges, I have printed out the applicable statutes:
Montana Code – Section 46-3-110: FILING THE CHARGE:
(1) In all criminal prosecutions, the charge must be filed in the county where the offense was committed unless otherwise provided by law.
(2) A charge for violation of 45-7-306 after imposition of a state prison sentence or after commitment to the department of corrections may, at the discretion of the county attorney for the county in which the person was arrested and without objection from the person charged, be filed in any county in the state.Montana Code – Section 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
This is about as clear as laws can be. I clearly can file in Ravalli County. I can also file in Missoula County, and as long as the laws of other states are similar, I bet I can file in at least 30 states. But I’ll just start with Ravalli County. But, I will segment out those instances where I can show that Sean Boushie sent the electronic communications from Missoula County as well as those that I have received in Missoula County.
