311.12
. (a) (1) Every person who is convicted of a violation of
Section 311.1, 311.2, 311.3, 311.10, or 311.11 in which the offense
involves the production, use, possession, control, or advertising of
matter or image that depicts a person under 18 years of age
personally engaging in or simulating sexual conduct, as defined in
subdivision (d) of Section 311.4, in which the violation is committed
on, or via, a government-owned computer or via a government-owned
computer network, shall, in addition to any imprisonment or fine
imposed for the commission of the underlying offense, be punished by
a fine not exceeding two thousand dollars ($2,000), unless the court
determines that the defendant does not have the ability to pay.
(2) Every person who is convicted of a violation of Section 311.1,
311.2, 311.3, 311.10, or 311.11 in which the offense involves the
production, use, possession, control, or advertising of matter or
image that depicts a person under 18 years of age personally engaging
in or simulating sexual conduct, as defined in subdivision (d) of
Section 311.4, in which the production, transportation, or
distribution of which involves the use, possession, or control of
government-owned property shall, in addition to any imprisonment or
fine imposed for the commission of the underlying offense, be
punished by a fine not exceeding two thousand dollars ($2,000),
unless the court determines that the defendant does not have the
ability to pay.
(b) The fines in subdivision (a) shall not be subject to the
provisions of Sections 70372, 76000, 76000.5, and 76104.6 of the
Government Code, or Sections 1464 and 1465.7 of this code.
(c) Revenue from any fines collected pursuant to this section
shall be deposited into a county fund established for that purpose
and allocated as follows, and a county may transfer all or part of
any of those allocations to another county for the allocated use:
(1) One-third for sexual assault investigator training.
(2) One-third for public agencies and nonprofit corporations that
provide shelter, counseling, or other direct services for victims of
human trafficking.
(3) One-third for multidisciplinary teams.
(d) As used in this section:
(1) "Computer" includes any computer hardware, computer software,
computer floppy disk, data storage medium, or CD-ROM.
(2) "Government-owned" includes property and networks owned or
operated by state government, city government, city and county
government, county government, a public library, or a public college
or university.
(3) "Multidisciplinary teams" means a child-focused,
facility-based program in which representatives from many
disciplines, including law enforcement, child protection,
prosecution, medical and mental health, and victim and child advocacy
work together to conduct interviews and make team decisions about
the investigation, treatment, management, and prosecution of child
abuse cases, including child sexual abuse cases. It is the intent of
the Legislature that this multidisciplinary team approach will
protect victims of child abuse from multiple interviews, result in a
more complete understanding of case issues, and provide the most
effective child- and family-focused system response possible.
(e) This section shall not be construed to require any government
or government entity to retain data in violation of any provision of
state or federal law.