What is the test for determining whether a course of criminal conduct is divisible and therefore gives rise to more than one act within the meaning of Section 5 of the Criminal Code?

California, United States of America


The following excerpt is from People v. McElrath, 175 Cal.App.3d 178, 220 Cal.Rptr. 698 (Cal. App. 1985):

"Whether a course of criminal conduct is divisible and therefore gives rise to more than one act within the meaning of this section depends on the intent and objective of the actor; if all offenses were incident to one objective, defendant may be punished for any one of such offenses, but not for more than one. [Citation.]" (People v. Hopkins, supra, 167 Cal.App.3d 110, 116, 212 Cal.Rptr. 888.)

(See also People v. Calhoun, 141 Cal.App.3d 117, 190 Cal.Rptr. 115.)

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