Section 5311 - Fine or penalty based upon ability to pay(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.Added by Stats. 1990, Ch. 1118, Sec. 19.5.