Does section 654 of the California Criminal Code apply to a defendant who committed several sex crimes on a single victim?

California, United States of America

The following excerpt is from People v. Martinez, E066332 (Cal. App. 2017):

However, the rule under section 654 is different in sex crimes and, even where the defendant's only objective is sexual gratification, section 654 does not preclude separate punishment 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, 1006-1007.)
In People v. Perez (1979) 23 Cal.3d 545, 553-554, the court found that section 654 did not apply to a defendant who committed several sex crimes on a single victim during

Page 13

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)

Does section 654 of the California Criminal Code apply to a defendant who has committed a crime before the crime has been committed? (California, United States of America)

Does a new enhancement pursuant to section 667.5, subdivision (b) of the California Criminal Code apply to a defendant where the prior sentence was for a crime committed after the crime was committed? (California, United States of America)

Does section 654 of the California Criminal Code require a defendant to be convicted of a single crime committed by a single criminal objective? (California, United States of America)

Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)

Does section 654, subdivision (a) of the California Criminal Code, allow a single offender to be punished for a single crime committed against a multiple victim? (California, United States of America)

Can a defendant who commits the crime of grand theft auto in violation of section 487, subdivision (d) of section 666.5 of the California Criminal Code, be convicted of the crime? (California, United States of America)

When a defendant commits both burglary and intended robbery against a single victim, does section 654 of the California Criminal Code permit punishment for one crime but not for the other? (California, United States of America)

When a defendant commits both burglary and the underlying intended felony against a single victim, does section 654 of the California Criminal Code permit punishment for both crimes? (California, United States of America)

Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)

Does section 654 of the California Criminal Code apply to a defendant who committed several sex crimes on a single victim?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources