§ 12022.6

367 words·~2 min read·/ca/penal-code/12022-6

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

(a)If a person takes, damages, or destroys property in the commission or attempted commission of a felony, or commits a felony in violation of Section 496, the court shall impose an additional and consecutive term of imprisonment as follows:

(1)If the loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.

(2)If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years.

(3)If the loss or property value exceeds one million dollars ($1,000,000), the court shall impose an additional term of three years.

(4)If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years.

(5)For each additional loss or 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)In an accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 496, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section are subject to the rules of joinder and severance stated in Section 954.

(c)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.

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

(e)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. This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2030, deletes or extends that date.