3345.1.
(a) In an action brought by, on behalf of, or for the benefit of a minor, whenever a trier of fact is authorized by a statute to impose either a fine, or a civil penalty or other penalty, or any other remedy the purpose or effect of which is to punish or deter, and the amount of the fine, penalty, or other remedy is subject to the trier of fact’s discretion, the trier of fact shall consider all of the following factors, in addition to other appropriate factors, in determining the amount of fine, civil penalty, or other penalty, or other remedy to impose. If the trier of fact makes an affirmative finding in regard to one or more of the following factors, it may impose a fine, civil penalty, or other penalty, or other remedy in an amount up to three times greater than authorized by the
statute, or, if the statute does not authorize a specific amount, up to three times greater than the amount the trier of fact would impose in the absence of that affirmative finding:(1) Whether the defendant knew or should have known that his or her conduct was directed to one or more minors.
(2) Whether one or more minors are substantially more vulnerable than other members of the public to the defendant’s conduct because of age, limited understanding, or immaturity, and actually suffered substantial physical, emotional, or economic damage resulting from the defendant’s conduct.
(3) Whether a minor was a victim of an act punishable by Section 261.5, 266h, or 266i, paragraph (3) of subdivision (b) of Section 647, or any other act subject to registration under Section 290, of the Penal Code. It shall not be a defense
to imposition of fines, penalties, or other remedies pursuant to this paragraph that the defendant was unaware of the victim’s age at the time of the act. Notwithstanding Section 3515, it shall not be a defense to imposition of fines or penalties pursuant to this paragraph that the victim consented to the act.
(b) In addition to any other remedy available in law or in equity, the court may award a civil penalty not exceeding fifty thousand dollars ($50,000), and not less than ten thousand dollars ($10,000), for each unlawful act for which a defendant is liable for fines, penalties, or other remedies pursuant to paragraph (3) of subdivision (a). This penalty may be imposed in an amount up to three times greater than the amount that the court would impose in the absence of an affirmative finding described in paragraph (3) of subdivision (a).