Does section 654 of the Criminal Code prohibit a person from making a criminal threat in a fit of anger from sending two text messages to the victim's family and friends?

Further, the purpose behind section 654 is "to insure that a defendant's punishment will be commensurate with his culpability. [Citation.]" (People v. Perez, supra, 23 Cal.3d at p. 552.) A person making one criminal threat in a fit of anger is less culpable than a person making multiple threats, particularly, as here, where the threats increased in seriousness. Appellant's first text message was general in nature, stating, "watch what's going to happen to all the cars. I know where your sister works and your neighbors." The second message implied that appellant was going to use a gun to shoot people, as he stated, "I'm going to blast all the house (sic) right there." Hence, the second message escalated the threat and would likely cause the victim greater fear. Multiple threats suggest a firmness of purpose and a resolve to follow through that a single threat might not.

Page 7