(1) When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations.

(2) When the same conduct or criminal episode that only violates one legal provision but involves two or more victims, there are as many separately punishable offenses as there are victims. However, two or more persons owning joint interests in real or personal property will be considered a single victim for purposes of determining the number of separately punishable offenses if the property is the subject of one of the following crimes:

However, two or more people who own joint interest in real or personal property are considered a single victim for purposes of determining the number of separately punishable offenses if their property is the subject of one of the following crimes:

(a) 164.015 (theft)

(b) 164.135 (unauthorized use of a vehicle)

(c) 164.140 (criminal possession of rented/leased personal property)

(d) 164.138 (criminal possession of rented/leased motor vehicle)

(e) 164.215 (burglary 2) or 164.225 (burglary 1)

(f) Trespass as defined in:

• 164.243 (criminal trespass 2 - guest)

• 164.245 (criminal trespass 2)

• 164.255 (criminal trespass 1)

• 164.265 (criminal trespass in possession of firearm)

• 164.278 (criminal trespass at a sports event)

(g) Arson & related offenses:

• 164.315 (arson 2)

• 164.325 (arson 1)

• 164.335 (reckless burning)

(h) Forgery and related offenses:

• 165.007 (forgery 2)

• 165.013 (forgery 1)

• 165.022 (criminal possession of a forged instrument 1)

• 165.032 (criminal possession of a forgery device)

• 165.037 (criminal simulation)

• 165.042 (fraudulently obtaining a signature)

• 165.077

• 165.055 (fraudulent use of a credit card)

• 165.065 (negotiating a bad check)

• 165.070 (possessing fraudulent communications device)

(3) When the same conduct or criminal episode violates only one law & involves only one victim, but still involves repeated violations of the same law against the same victim, there are as many separately punishable offenses as there are violations. The exception is that for each violation to be separately punishable, it must be separated from the other violations by a sufficient pause in the defendant's criminal conduct allowing them an opportunity to renounce the criminal intent.

Each way of engaging in oral intercourse, anal intercourse, 163.408 (unlawful sexual penetration 2) & 163.411 (unlawful sexual penetration 1) constitutes separate violations of the respective legal provisions for purposes of determining the number of violations that have occurred