Does section 654 of the California Criminal Code preclude a defendant from multiple punishment for failing to notify authorities in the county where the offender was registered?

California, United States of America


The following excerpt is from People v. Jenks, C089797 (Cal. App. 2020):

In Britt, the court ruled that section 654 precluded multiple punishment for failures to notify authorities in a county defendant moved to and authorities in the county defendant moved from, two separate sex-offender registration crimes. (People v. Britt, supra, 32 Cal.4th at pp. 949, 951-954.) The court disagreed with the decision on review, which concluded that defendant "had two separate objectives: '(1) to mislead law enforcement and the residents of one community to believe that the sex offender remains there; and (2) to conceal from law enforcement and the residents of another community the fact that the sex offender is now residing in that community.' " (Id. at p. 953.) The court explained, "Here the objective -- avoiding police surveillance -- was achieved just once, but only by the combination of both reporting violations." (Ibid.) "[F]inding separate objectives here -- to mislead or conceal information from the law enforcement agency in each county -- parses the objectives too finely." (Ibid.)

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