Can a single criminal offence arise from a single statute?

California, United States of America


The following excerpt is from People v. Jonathan R. (In re Jonathan R.), 208 Cal.Rptr.3d 159, 3 Cal.App.5th 963 (Cal. App. 2016):

prohibits multiple punishment for the same act or omission. (People v. Reed (2006) 38 Cal.4th 1224, 12261227, 45 Cal.Rptr.3d 353, 137 P.3d 184 (Reed ).) This general rule is subject to [a] judicially created exception, which prohibits multiple convictions based on necessarily included offenses. [Citations.] [I]f a crime cannot be committed without also necessarily committing a lesser offense, the latter is a lesser included offense within the former. (Id. at p. 1227, 45 Cal.Rptr.3d 353, 137 P.3d 184.) Many cases have found that only a single offense can arise from a single statute, but that has never been a hard-and-fast rule.3

[208 Cal.Rptr.3d 163]

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