Does section 654 of the California Code of Criminal Procedure apply to a defendant who has committed a series of sexual crimes against the same victim?

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):

We agree. No purpose is to be served under section 654 by distinguishing between defendants based solely upon the type or sequence of their offenses. Such an analysis would dispense punishment on the basis of the sexual taste or imagination of the perpetrator, and would not address the concerns raised in Perez, supra, 23 Cal.3d 545, 153 Cal.Rptr. 40, 591 P.2d 63. To adopt such an approach would mean that "once a [defendant] has committed one particular sexual crime against a victim he may thereafter with impunity repeat his offense," so long as he does not direct attention to another place on the victim's body, or significantly delay in between each offense. (People v. Reeder, supra, 152 Cal.App.3d at p. 917, 200 Cal.Rptr. 479.) However, it is defendant's intent to commit a number of separate base criminal acts upon his victim, and not the precise code [48 Cal.3d 338] section under which he is thereafter convicted, which renders section 654 inapplicable.

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)
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 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 apply to a defendant who has committed a crime before the crime has been committed? (California, United States of America)
Does Section 26 exempt a person from criminal liability under section 26 of the California Criminal Code from a general intent crime if they committed the crime while unconscious? (California, United States of America)
When a defendant is accused of a sexual offence in a criminal action in which he is also accused of another sexual offence, is evidence of his disposition to commit such crimes considered to be inadmissible under California Evidence Code section 1108? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(A)(A) of the California Criminal Code apply to a defendant who is convicted of a charge of a violent crime committed for the benefit of, at the direction of or in association with a criminal street gang? (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)
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)
Does section 654 of the California Criminal Code require a concurrent or concurrent sentence for a defendant convicted of a series of crimes committed at the same time under different criminal objectives? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.