California Penal Code § 12022.6 PC imposes an additional prison sentence for felony convictions of receiving stolen property – or for taking or damaging property in the commission of a felony – if the property value exceeds $50,000.
The following table spells out the additional prison sentence for violating PC 12022.6:
| Value of the Property Loss |
Additional Prison Term in Felony Cases |
| More than $50,000 to $200,000 | 1 year |
| More than $200,000 to $1,000,000 | 2 years |
| More than $1,000,000 to $3,000,000 | 3 years |
| More than $3,000,000 | 4 years (plus 1 year for each additional property loss of $3,000,000) |
Note that this additional prison term is served consecutively to – not concurrently with – the underlying felony sentence.
PC 12022.6 imposes an increased prison term for felony convictions resulting in property loss of more than $50,000.
Text of the Statute
California Penal Code § 12022.6 PC – Sentencing Enhancements: Property Loss.
(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.
Frequently-Asked-Questions
What is the purpose of this law?
PC 12022.6 is meant to enhance the punishments for large-scale theft and property crimes in California whenever the loss or property value exceeds $50,000.
Is it new?
Yes. On September 12, 2024, Governor Gavin Newsom signed into law Assembly Bill 1960, which created PC 12022.6. It was part of a spate of new laws meant to address the rise in property crimes.
Learn more in the L.A. Times Article, Newsom signs another retail theft bill amid rising concerns about crime in California.
What if there are multiple underlying felonies?
Prosecutors add together the property value (or losses) from all the felonies alleged in the complaint or indictment that arise from a common scheme or plan. So if one night a defendant allegedly breaks into five different Best Buys and takes $10,100 worth of merchandise from each, PC 12022.6 would apply since $10,100 times five exceeds $50,000.
How is property value or loss determined?
It depends on the case, and it is often subjective. The D.A. looks to such variables as:
- Fair market value,
- Replacement costs,
- Actual loss to the victim,
- The original purchase price,
- Expert testimony, and/or
- Testimony from the defendant and/or victim.