Can a defendant who engages in multiple sex acts committed on one occasion commit multiple statutory violations under section 654 of the California Statutory Code?

California, United States of America


The following excerpt is from People v. Smith, H040188 (Cal. App. 2015):

"[M]ultiple sex acts committed on a single occasion can result in multiple statutory violations. Such offenses are generally 'divisible' from one another under section 654, and separate punishment is usually allowed." (People v. Scott (1994) 9 Cal.4th 331, 344, fn. 6.) "Even where the defendant has but one objective--sexual gratification--section 654 will not apply unless the crimes were either incidental to or the means by which another crime was accomplished." (People v. Alvarez (2009) 178 Cal.App.4th 999, 1006, italics added.)

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