Section 1.07. Method of Prosecution When Conduct Constitutes More Than One Offense.

 (1) Prosecution for Multiple Offenses;  Limitation on Convictions.  When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense.  He may not, however, be convicted of more than one offense if:

  (a) one offense is included in the other, as defined in Subsection (4) of this Section;  or

  (b) one offense consists only of a conspiracy or other form of preparation to commit the other;  or

  (c) inconsistent findings of fact are required to establish the commission of the offenses;  or

  (d) 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

  (e) the offense 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 offenses.

 (2) Limitation on Separate Trials for Multiple Offenses.  Except as provided in Subsection (3) of this Section, a defendant shall not be subject to separate trials for multiple offenses based on the same conduct or arising from the same criminal episode, if such offenses are known to the appropriate prosecuting officer at the time of the commencement of the first trial and are within the jurisdiction of a single court.

 (3) Authority of Court to Order Separate Trials.  When a defendant is charged with two or more offenses based on the same conduct or arising from the same criminal episode, the Court, on application of the prosecuting attorney or of the defendant, may order any such charge to be tried separately, if it is satisfied that justice so requires.

 (4) Conviction of Included Offense Permitted.  A defendant may be convicted of an offense included in an offense charged in the indictment [or the information].  An offense is so included when:

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

  (b) it consists of an attempt or solicitation to commit the offense charged or to commit an offense otherwise included therein;  or

  (c) it differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interest or a lesser kind of culpability suffices to establish its commission.

 (5) Submission of Included Offense to Jury.  The Court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense.