How has section 654 of the California Code of Criminal Procedure been interpreted in the context of sexual assault cases?

California, United States of America


The following excerpt is from People v. Harrison, 256 Cal.Rptr. 401, 48 Cal.3d 321, 768 P.2d 1078 (Cal. 1989):

[768 P.2d 1087] Here, defendant cites various cases applying section 654 in other contexts and makes the general argument that his three sex acts were part of a continuous "violent" transaction. (See, e.g., People v. Bauer (1969) 1 Cal.3d 368, 377, 82 Cal.Rptr. 357, 461 P.2d 637 ["where a defendant robs his victim in one continuous transaction of several items of property, punishment for robbery on the basis of the taking of one of the items and [punishment for] other crimes [such as car theft or possession of contraband] on the basis of the taking of the other items is not permissible"].)

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