California, United States of America
The following excerpt is from People v. Madera, 231 Cal.App.3d 845, 282 Cal.Rptr. 674 (Cal. App. 1991):
In our view, section 654 applies where the undefined sex act directly facilitates or is merely incidental to the commission of a defined lewd act. (People v. Perez, supra, 23 Cal.3d at pp. 553-554, 153 Cal.Rptr. 40, 591 P.2d 63.) For example, section 654 would bar separate punishment for applying lubricant to the area to be copulated. In such a situation, the commission of the undefined act would have directly facilitated the commission of the defined act. In contrast, section 654 does not apply where, as here, the undefined act is "preparatory" only in the general sense that it may be intended to sexually arouse either the perpetrator or the victim.
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