26.05.040 Prosecution for multiple offenses.
When the conduct of an offender establishes the commission of more than one offense, the offender may be prosecuted separately for each offense. The offender, however, may not be convicted of more than one offense if:
(1) One offense is included in the other;
(2) One offense consists only of conspiracy or some other form of preparation for committing the offense;
(3) Inconsistent findings of fact are required to establish the commission of the offenses;
(4) The offenses 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
(5) The offense is defined to prohibit a continuing course of conduct and the offender’s course of conduct was interrupted, unless the law provides that the specific periods of such conduct constitute separate offenses.