The "separate offense" rule states that where the same acts or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision:

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The "separate offense" rule, as articulated in the Blockburger test, determines that there are two offenses if each offense requires proof of a fact that the other does not. This means that if each statutory provision requires an element that the other does not, they can be considered separate offenses.

The "Separate Offense" Rule States That Where the Same Acts