State v. Neufeld

Submitted on Briefs: October 29, 2008 ¶1 Gregory Neufeld was charged in the District Court of the Thirteenth Judicial District, Yellowstone County, with the offense of sexual intercourse without consent. However, before trial on the sexual intercourse without consent charge in the District Court, he was indicted and convicted by his plea of guilty of the federal offenses of sexual exploitation of children in violation of 18 U.S.C. § 2251, and possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B), in the United States District Court for the District of Montana. As a result of his federal convictions, he was sentenced to 262 months in federal prison. Neufeld then moved to dismiss the Montana State charge claiming double jeopardy. The District Court granted his motion to dismiss. The State appeals. ¶2 The issue before this Court is whether § 46-11-504, MCA, bars Neufeld's prosecution on the Montana sexual intercourse without consent charge.