Issue

Multiple counts—based on separate kisses—distinct offenses

Summary

The trial court properly denied defendant's motion to dismiss multiple counts of taking indecent liberties with a child–based on three instances of defendant having kissed the victim–where, under the distinct interruption test, there was sufficient evidence to infer that an intervening event took place between each of the kisses, when defendant (1) kissed the victim's neck outside of defendant's van, (2) kissed the victim on the mouth inside the van, and (3) kissed the victim on the mouth inside the van six to seven minutes after the first kiss inside the van. Defendant's double jeopardy rights were not violated because the three instances were sufficiently distinct to support three convictions.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →