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California Penal Code Section 294

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 294

(a) Upon conviction of any person for a violation of Section
273a, 273d, 288.5, 311.2, 311.3, or 647.6, the court may, in addition
to any other penalty or restitution fine imposed, order the
defendant to pay a restitution fine based on the defendant's ability
to pay not to exceed five thousand dollars ($5,000), upon a felony
conviction, or one thousand dollars ($1,000), upon a misdemeanor
conviction, to be deposited in the Restitution  Fund to be
transferred to the county children's trust fund for the purposes of
child abuse prevention.
   (b) Upon conviction of any person for a violation of Section 261,
264.1, 285, 286, 288a, or 289 where the violation is with a minor
under the age of 14 years, the court may, in addition to any other
penalty or restitution fine imposed, order the defendant to pay a
restitution fine based on the defendant's ability to pay not to
exceed five thousand dollars ($5,000), upon a felony conviction, or
one thousand dollars ($1,000), upon a misdemeanor conviction, to be
deposited in the Restitution Fund to be transferred to the county
children's trust fund for the purpose of child abuse prevention.
   (c) If the perpetrator is a member of the immediate family of the
victim, the court shall consider in its decision to impose a fine
under this section any hardship that may impact the victim from the
imposition of the fine.
   (d) If the court orders a fine to be imposed pursuant to this
section, the actual administrative cost of collecting that fine, not
to exceed 2 percent of the total amount paid, may be paid into the
general fund of the county treasury for the use and benefit of the
county.

Last modified: January 12, 2009