Legal Definitions - cumulative offense

A cumulative offense refers to a situation where a single act or a closely related series of actions by an individual violates more than one distinct criminal law. In such cases, the person can be charged with, and potentially convicted of, each separate offense. The key characteristic is that each offense requires proof of an element that the other does not, meaning they are not simply different ways of describing the same crime, nor is one a lesser version of the other.

• Example 1: Robbery and Assault with a Deadly Weapon

  Scenario: A person enters a convenience store, points a gun at the clerk, demands money, and then takes cash from the register.

  Explanation: Here, the act of taking property from another person by force or threat constitutes robbery. Separately, the act of using a gun to threaten the clerk constitutes assault with a deadly weapon. These are cumulative offenses because robbery does not always involve a deadly weapon (it could be a physical threat), and assault with a deadly weapon can occur without any theft taking place. Each crime has unique elements that must be proven.

• Example 2: Burglary and Theft

  Scenario: An individual breaks into a closed business after hours and proceeds to steal electronics from inside.

  Explanation: The act of unlawfully entering a building with the intent to commit a crime (like theft) is burglary. The subsequent act of actually taking the electronics without permission is theft. These are cumulative offenses because one can commit burglary without successfully stealing anything (e.g., if caught upon entry), and one can commit theft without breaking into a building (e.g., shoplifting). The unlawful entry and the unlawful taking of property are distinct legal wrongs.

• Example 3: Driving Under the Influence and Reckless Endangerment

  Scenario: A driver, while intoxicated, swerves erratically across multiple lanes of traffic on a busy highway, causing other drivers to brake suddenly to avoid collisions.

  Explanation: The act of operating a vehicle while impaired by alcohol or drugs is Driving Under the Influence (DUI). The separate act of driving in a manner that creates a substantial risk of serious injury to others, regardless of intoxication, constitutes reckless endangerment. These are cumulative because one can drive under the influence without necessarily driving recklessly enough to endanger others (e.g., driving slowly but impaired), and one can drive recklessly without being intoxicated (e.g., speeding excessively while sober). Each offense addresses a different aspect of the dangerous behavior.