Can an individual be separately punished for violations of section 288 of section 654 of the California Penal Code for multiple sex crimes against a single victim?

California, United States of America


The following excerpt is from People v. Woffinden, 21 Cal.App.4th 697, 26 Cal.Rptr.2d 369 (Cal. App. 1993):

Appellant also argues that he may not be separately punished for his violations of section 288 against any single victim. Section 654 provides in pertinent part: "An act or omission which is made punishable in different ways by different provisions of this code may be punished under either of such provisions, but in no case can it be punished under more than one; ..." There is a split of authority in the application of section 654 to multiple sex offenses. We join the court in People v. Madera (1991) 231 Cal.App.3d 845, 854, 282 Cal.Rptr. 674, and disagree with decisions that have reached a contrary result.

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