California Penal Code 667.16 – (a) Any person convicted of a felony violation of Section 470, …
(a) Any person convicted of a felony violation of Section 470, 487, or 532 as part of a plan or scheme to defraud an owner of a residential or nonresidential structure, including a mobilehome or manufactured home, in connection with the offer or performance of repairs or improvements to the structure or property, or by adding to, or subtracting from, grounds in connection therewith, for damage caused by a natural disaster, shall receive a one-year enhancement in addition and consecutive to the penalty prescribed. The additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(b) This enhancement applies to natural disasters for which a state of emergency is proclaimed by the Governor pursuant to § 8625 of the Government Code or for which an emergency or major disaster is declared by the President of the United States.
Terms Used In California Penal Code 667.16
- Allegation: something that someone says happened.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: includes a corporation as well as a natural person. See California Penal Code 7
- property: includes both real and personal property. See California Penal Code 7
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
(c) Notwithstanding any other law, the court may strike the additional term provided in subdivision (a) if the court determines that there are mitigating circumstances and states on the record the reasons for striking the additional punishment.
(Amended by Stats. 2020, Ch. 364, Sec. 5. (SB 1189) Effective January 1, 2021.)