California · Financial Code

FIN §5311: (a) Any fine or civil penalty imposed under this chapter shall be based upon the ability of the defendant to pay.

Civil

What this law says, in plain English

This statute establishes rules for imposing fines and civil penalties, including consideration of the defendant's ability to pay, offense seriousness, and financial gain or loss. A person cannot face both civil penalties and criminal punishment for the same violation.

Read the full statutory text

(a) Any fine or civil penalty imposed under this chapter shall be based upon the ability of the defendant to pay. In setting the amount of the fine or civil penalty, consideration shall also be given to the seriousness of the offense, the amount of any pecuniary gain by the defendant, and the amount of any pecuniary loss, other than defendant’s own loss, caused by the offense. (b) A civil penalty may not be imposed against a person under this chapter if that person has been punished by a fine or imprisonment for the same violation. (c) A fine may not be imposed under this chapter if a civil penalty has previously been imposed for the same violation.

Verify at the official source: California legislative text

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.