Under section 654 of the California Criminal Code, what is the difference between kidnapping and intimidation of a rival gang member?

California, United States of America


The following excerpt is from The People v. Botello, F058331, No. VCF184161C (Cal. App. 2010):

Appellant also argues that all four offenses were committed for the same purpose: the intimidation of a rival gang member, and therefore, under section 654, punishment may be imposed for the kidnapping only. We disagree. To define intent in this manner for purposes of section 654 would reward any gang member who goes on a crime spree against a rival gang, in contravention of the purpose of section 654. On this point, we find instructive People v. Perez (1979) 23 Cal.3d 545. In that case, the defendant argued that his "sole intent and objective" in committing multiple sex crimes over the course of an attack lasting 45 to 60 minutes was to "obtain sexual gratification," and, therefore, punishment on more than one of those crimes violated section 654. (Id. at p. 552.) The court rejected this argument. Its basis for doing so applies with equal force here: "Such an intent and objective is much too broad and amorphous to determine the applicability of section 654. Assertion of a sole intent and objective to achieve sexual gratification is akin to an assertion of a desire for wealth as the sole intent and objective in committing a series of separate thefts. To accept such a broad, overriding intent and objective to preclude punishment for otherwise clearly separate offenses would violate the statute's

Page 14

Other Questions


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 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)
Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
What is the difference between Section 667.5, subdivision (b) of the California Criminal Code and section 667, subdivision 5, of the Criminal Code? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Can an act or omission that is publishable in a different way by different sections of the law be punished under section 654 of the California Criminal Code? (California, United States of America)
Does section 190.3 of the California Criminal Code allow the penalty phase jury to consider the "circumstances" of the crime within the meaning of section 190 of the Criminal Code? (California, United States of America)
How has section 654 of the California Criminal Code been interpreted in the context of Section 654(1) of the Criminal Code? (California, United States of America)
Can a defendant be punished under section 654(1) of the California Criminal Code for failing to comply with the requirements of Section 654 of the Criminal Code? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.