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12022.6. (a) When any person takes, damages, or destroys any
property in the commission or attempted commission
of a felony, with
the intent to cause that taking, damage, or destruction, the court
shall impose an additional term
as follows:
(1) If the loss exceeds fifty thousand dollars ($50,000), the
court, in addition and consecutive
to the punishment prescribed for
the felony or attempted felony of which the defendant has been
convicted, shall impose
an additional term of one year.
(2) If the loss exceeds one hundred fifty thousand dollars
($150,000),
the court, in addition and consecutive to the punishment
prescribed for the felony or attempted felony of which the defendant
has
been convicted, shall impose an additional term of two years.
(3) If the loss exceeds one million dollars
($1,000,000), the
court, in addition and consecutive to the punishment prescribed for
the felony or attempted felony
of which the defendant has been
convicted, shall impose an additional term of three years.
(4) If the loss
exceeds two million five hundred thousand dollars
($2,500,000), the court, in addition and consecutive to the
punishment
prescribed for the felony or attempted felony of which the
defendant has been convicted, shall impose an additional term
of
four years.
(b) In any accusatory pleading involving multiple charges of
taking, damage, or destruction,
the additional terms provided in this
section may be imposed if the aggregate losses to the victims from
all felonies
exceed the amounts specified in this section and arise
from a common scheme or plan. All pleadings under this section
shall
remain 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 of the taking, damage, or destruction in
excess
of the amounts provided in this section are charged in the
accusatory pleading and admitted or found to be true by the
trier of
fact.
(d) This section applies to, but is not limited to, property
taken, damaged, or destroyed
in violation of Section 502 or
subdivision (b) of Section 502.7. This section shall also apply to
applicable prosecutions
for a violation of Section 350, 653h, 653s,
or 653w.
(e) For the purposes of this section, the term "loss"
has the
following meanings:
(1) When counterfeit items of computer software are manufactured
or possessed
for sale, the "loss" from the counterfeiting of those
items shall be equivalent to the retail price or fair market value
of
the true items that are counterfeited.
(2) When counterfeited but unassembled components of computer
software
packages are recovered, including, but not limited to,
counterfeited computer diskettes, instruction manuals, or licensing
envelopes,
the "loss" from the counterfeiting of those components of
computer software packages shall be equivalent to the retail
price or
fair market value of the number of completed computer software
packages that could have been made from those
components.
(f) It is the intent of the Legislature that the provisions of
this section be reviewed within
10 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, 2008, and as of
that date is repealed unless a later enacted statute, which is
enacted
before January 1, 2008, deletes or extends that date.
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