Chapter 21 - Fines

Chapter 21 - Fines

46.2101 Felonies.


(a) A person who has been convicted of a class C or D felony may be sentenced:

(1) to pay a fine not exceeding $5,000; or

(2) if the offender has gained money or property through the commission of the crime, to pay an amount, fixed by the court, not exceeding 2 times amount of the offender’s gain from the commission of the crime. An individual offender may be fined not more than $20,000 under this provision.

(b) As used in this section, the term “gain” means the amount of money or the value of property derived from the commission of the crime. The amount of money or value of property returned to the victim of the crime or seized by or surrendered to lawful authority prior to the time sentence is imposed shall be deducted from the fine. When the court imposes a fine based on gain, the court shall make a finding as to the amount of the offender’s gain from the crime. If the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue.

(c) The provisions of this section do not apply to corporations.

46.2102 Misdemeanors and infractions.


(a) Except as otherwise provided for an offense outside this part, a person who has been convicted of a misdemeanor or infraction may be sentenced to pay a fine not exceeding:

(1) $1,000 for a class A misdemeanor;

(2) $500 for a class B misdemeanor:

(3) $300 for a class C misdemeanor;

(4) $200 for an infraction.

(b) In lieu of a fine imposed under subsection (a), a person who has been convicted of a misdemeanor or infraction through which he derived “gain”, as defined in 46.2101, may be sentenced to a fine which does not exceed 2 times the amount of gain from the commission of the offense. An individual offender may be fined not more than $20,000 under this provision.

46.2103 Fines for corporations.


(a) A sentence to pay a fine, when imposed on a corporation for an offense defined in this title or for any offense defined outside this title for which no special corporate fine is specified, shall be a sentence to pay an a-mount, fixed by the court, not exceeding:

(1) $10,000 when the conviction is of a felony;

(2) $5,000 when the conviction is of a class A misdemeanor:

(3) $2,000 when the conviction is of a class B misdemeanor;

(4) $1,000 when the conviction is of a class C misdemeanor;

(5) $500 when the conviction is of an infraction;

(6) any higher amount not exceeding 2 times the amount of the corporation’s gain from the commission of the offense, as determined under 46.2101.

(b) In the case of an offense defined outside this title, if a special fine for a corporation is expressly specified in the statute that defines the offense, the fine fixed by the court shall be:

(1) an amount within the limits specified in the statute that defines the offense; or

(2) any higher amount not exceeding 2 times the amount of the corporation’s gain from the commission of the offense, as determined tinder 46.2101.

46.2104 Fine to be proportioned to burden of payment.


(a) In determining the amount and the method of payment of a fine, the court shall, insofar as practicable, proportion the fine to the burden that payment will impose in view of the financial resources of a defendant. The court may not sentence an offender to pay a fine in any amount which will prevent him from making restitution or reparation to the victim of the offense.

(b) When any other disposition is authorized by statute, the court shall not sentence an indi-vidual to pay a fine only unless, having regard to the nature and circumstances of the offense and the history and character of the offender, it is of the opinion that the fine alone will suffice for the protection of the public.

(c) The court may not sentence an individual to pay a fine in addition to any other sentence authorized by 46.1901 through 46.1905 unless:

(1) he has derived a pecuniary gain from the offense; or

(2) the court is of the opinion that a fine is uniquely adapted to deterrence of the type of offense involved or to the correction of the defendant.

(d) When an offender is sentenced to pay a fine, the court may provide for the payment to be made within a specified period of time or in specified installments. If no delayed or installment provision is made a part of the sentence, the fine is payable immediately.

(e) When an offender is sentenced to pay a fine, the court may not impose at the same time an alternative sentence to be served in the event that the fine is not paid. The response of the court to nonpayment is determined only after the fine has not been paid, as under 46.2105 through 46.2107.

46.2105 Nonpayment-Warrant of arrest or summons.


(a) When an offender sentenced to pay a fine defaults in the payment of the fine or in any installment, the court upon motion of the Attorney General or upon its own motion, may require him to show cause why he should not be imprisoned for nonpayment. The court may issue a warrant of arrest or a summons for his appearance.

(b) Following an order to show cause under subsection (a), unless the offender shows that his default was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, the court may order the defendant imprisoned for a term not to exceed 180 days if the fine was imposed for conviction of a felony, misdemeanor, or infraction. The court may provide in its order that payment or satisfaction of the fine at any time will entitle the offender to his re-lease from the imprisonment or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of the fine.

(c) If it appears that the default in the payment of a fine is excusable under the standards set forth in subsection (b), the court may enter an order allowing the offender additional time for payment, reducing the amount of the fine or of each installment, or revoking the fine or the unpaid portion in whole or in part.

46.2106 Default by corporation.


When a fine is imposed on a corporation it is the duty of the person or persons authorized to make disbursement of the assets of the corporation and their superiors to pay the fine from the assets of the corporation. The failure of those persons to do so shall render them subject to imprisonment under subsections (a) and (b) of 46.2105.

46.2107 Means of collection upon default.


Upon default in the payment of a fine or any installment thereof, the fine may be collected by any means authorized for the enforcement of money judgments.

46.2108 Revocation of a fine.


A defendant who has been sentenced to pay a fine may at any time petition the sentencing court for a revocation of a fine or any unpaid portion of it. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine no longer exist or that it would otherwise be unjust to require payment of the fine, the court may revoke the fine or the unpaid portion in whole or in part or may modify the method of payment.