§ 12022.10

509 words·~2 min read·/ca/penal-code/12022-10

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)When a person sells, exchanges, or returns for value, or attempts to sell, exchange, or return for value, property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, whether or not the person committed the act of shoplifting, theft, or burglary, the court shall impose an additional term as follows:

(1)If the property value exceeds fifty thousand dollars ($50,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of one year.

(2)If the property value exceeds two hundred thousand dollars ($200,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of two years.

(3)If the property value exceeds one million dollars ($1,000,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of three years.

(4)If the property value exceeds three million dollars ($3,000,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of four years.

(5)For each property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4).

(b)When a person acts in concert with another to sell, exchange, or return for value, or attempts to sell, exchange, or return for value, property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, whether or not the person committed the act of shoplifting, theft, or burglary, the court shall impose the additional term specified in subdivision (a).

(c)In an accusatory pleading involving multiple charges of sales, exchanges, or returns for value, or attempts to do the same, the additional terms provided in this section may be imposed when the aggregate value of the property involved exceeds the amounts specified in this section and arises from a common scheme or plan. All pleadings under this section are subject to the rules of joinder and severance stated in Section 954.

(d)The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.

(e)Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count.

(f)It is the intent of the Legislature that the provisions of this section be reviewed within five years to consider the effects of inflation on the additional terms imposed. For that reason, this section shall remain in effect only until January 1, 2030, and as of that date is repealed unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date.