Can a Person Can Be Guilty of Two Offenses When a Common Act Is Part of Both Offenses ?
In People v. Rodriguez, 169 Ill. 2d 183, 186, 661 N.E.2d 305, 307, 214 Ill. Dec. 451 (1996) the defendant was charged with the offenses of aggravated criminal sexual assault and home invasion. the aggravated criminal sexual assault count alleged that the defendant committed an act of sexual penetration and displayed or threatened the victim with a gun. the home invasion count alleged that defendant unlawfully entered the victim's dwelling and threatened her with imminent use of force while armed with a gun. the supreme court found that while these offenses shared the common act of the defendant threatening the victim with a gun, they were based on separate acts. "'As long as there are multiple acts as defined in King, their interrelationship does not preclude multiple convictions.'" Rodriguez, 169 Ill. 2d at 189, 661 N.E.2d at 308.