Financial Code - FIN - FIN § 5309

Summary

(a) A person shall be sentenced to consecutive terms for each violation of Section 5303, 5304, 5305, or 5306 up to a mandatory term of 20 years in state prison if all of the following are charged in the accusatory pleading and admitted by the defendant, or found to be true by the

Text

(a)
A person shall be sentenced to consecutive terms for each violation of Section 5303, 5304, 5305, or 5306 up to a mandatory term of 20 years in state prison if all of the following are charged in the accusatory pleading and admitted by the defendant, or found to be true by the trier of fact:
(1)
The person is an institution affiliated party.
(2)
The person engaged in a pattern and practice of activity involving multiple violations of Section 5303, 5304, 5305, or 5306.
(3)
The person acted with intent to cause substantial harm, or with reckless disregard of the possibility of causing substantial harm, to the savings institution.
(4)
The violations did in fact result in substantial harm to the savings institution.
(b)
No part of a consecutive sentence required pursuant to subdivision (a) may be suspended or revoked by the court.
(c)
Nothing in subdivision (a) shall limit the court’s discretion to sentence the defendant to a consecutive term longer than provided for in that subdivision, if otherwise permitted by law.
(d)
Nothing in subdivision (a) shall limit the court’s discretion to order consecutive sentences for violations of Section 5303, 5304, 5305,
or 5306 under any other provision of law.

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• #1 | Financial Code - FIN - FIN § 5309

  (a) A person shall be sentenced to consecutive terms for each violation of Section 5303, 5304, 5305, or 5306 up to a mandatory term of 20 years in state prison if all of the following are charged in the accusatory pleading and admitted by the defendant, or found to be true by the trier of fact: (1) The person is an…