Can a single act which violates two or more statutes amount to more than one offense?

California, United States of America


The following excerpt is from People v. Rivera, 35 Cal.App.4th 506, 41 Cal.Rptr.2d 421 (Cal. App. 1995):

The leading case on whether, in particular circumstances, a single act which violates two or more statutes will amount to more than one offense is Blockburger v. United States (1932) 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306, which addressed in pertinent part the relatively narrow question whether a single sale of narcotics could be punished as two offenses, under both of the sections of the federal Narcotics Act the sale had allegedly violated. Blockburger said: "The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.... 'A single act may be an offense against two statutes; and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the [39 Cal.App.4th 480] defendant from prosecution and punishment under the other.' " (284 U.S. at p. 304, 52 S.Ct. at p. 182.)

Other Questions


Does a defendant who violates the inmate assault statute necessarily also violate the lesser assault statute? (California, United States of America)
Does Section 654 of the California Code of Criminal Procedure preclude multiple punishments for a single physical act that violates more than one criminal statute? (California, United States of America)
Can a single criminal offence arise from a single statute? (California, United States of America)
Does Section 654 of the California Criminal Code prohibit multiple punishments for a single act that violates more than one statute? (California, United States of America)
Does Section 654, subdivision (a) of the California Criminal Code bar multiple punishment for a single act that violates more than one criminal statute? (California, United States of America)
Does section 654 of the California Penal Code bar multiple punishment for a single act that violates more than one criminal statute? (California, United States of America)
When harmonizing two statutes relating to the same subject, can a particular or specific statute take precedence over a conflicting general statute? (California, United States of America)
Can a defendant be punished multiple punishment for a single criminal act or omission that violates more than one penal statute? (California, United States of America)
What is the test for determining whether a single violation or multiple violation was committed by a defendant in a sexual assault case? (California, United States of America)
How does Section 654 of the California Criminal Code apply where a single act violates more than one statute? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.