How has section 654 of the California Criminal Code been interpreted by courts in cases involving multiple sex crimes?

As is relevant here, section 654 states: "An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision." ( 654, subd. (a).) The purpose of section 654 is to insure a defendant's punishment is commensurate with his level of culpability. (People v. Perez (1979) 23 Cal.3d 545, 550-551.) Section 654 applies when only one act occurred, but also where a course of conduct occurred which violated more than one statute but still constituted an indivisible transaction. (Perez, supra, at p. 551.)

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Regarding sex crimes, multiple acts involving sexual gratification do not fall under the "single intent and objective test" for section 654. (People v. Perez, supra, 23 Cal.3d at p. 553 [defendant was properly sentenced for rape, sodomy and two oral copulation counts committed during a continuous 45-to-60 minute attack].) Section 654 does not preclude punishment of a defendant who attempts to achieve sexual gratification by committing a number of base criminal acts against his victim. (Perez, supra, at p. 553.)

It is a factual question for the trial court to determine the defendant's intent and objectives. (People v. Coleman (1989) 48 Cal.3d 112, 162.) To permit multiple punishments, evidence must support a finding the defendant formed a separate intent and objective for each sentenced offense. (Ibid.)