§ 5-4-201 — Fines - Limitations on amount

Arkansas § 5-4-201

• Jurisdiction: Arkansas
• Title: 5

Text

(a) A defendant convicted of a felony may be sentenced to pay a fine: (1) Not exceeding fifteen thousand dollars ($15,000) if the conviction is of a Class A felony or Class B felony; (2) Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C felony or Class D felony; or (3) In accordance with a limitation of the statute defining the felony if the conviction is of an unclassified felony. (b) A defendant convicted of a misdemeanor may be sentenced to pay a fine: (1) Not exceeding two thousand five hundred dollars ($2,500) if the conviction is of a Class A misdemeanor; (2) Not exceeding one thousand dollars ($1,000) if the conviction is of a Class B misdemeanor; (3) Not exceeding five hundred dollars ($500) if the conviction is of a Class C misdemeanor; or (4) In accordance with a limitation of the statute defining the misdemeanor if the conviction is of an unclassified misdemeanor. (c) A defendant convicted of a violation may be sentenced to pay a fine: (1) Not exceeding one hundred dollars ($100) if the violation is defined by the Arkansas Criminal Code or defined by a statute enacted subsequent to January 1, 1976, that does not prescribe a different limitation on the amount of the fine; or (2) In accordance with a limitation of the statute defining the violation if that statute prescribes limitations on the amount of the fine. (d) (1) Notwithstanding a limit imposed by this section, if the defendant has derived pecuniary gain from commission of an offense, then upon conviction of the offense the defendant may be sentenced to pay a fine not exceeding two (2) times the amount of the pecuniary gain. (2) As used in this subsection, "pecuniary gain" means the amount of money or the value of property derived from the commission of the offense, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to a lawful authority prior to the time sentence is imposed. (e) An organization convicted of an offense may be sentenced to pay a fine authorized by subsection (d) of this section or not exceeding two (2) times the maximum fine otherwise authorized upon conviction of the offense by subsection (a), (b), or (c) of this section. (f) (1) Notwithstanding a limit imposed by this section or the section defining the felony offense, if a defendant has derived pecuniary gain from the commission of a felony offense under § 5-68-201 et seq., § 5-68-301 et seq., the Arkansas Law on Obscenity, § 5-68-401 et seq., or § 5-68-501 et seq., then upon conviction of the felony offense, the defendant may be sentenced to pay a fine not exceeding two hundred fifty thousand dollars ($250,000). (2) As used in this subsection, "derived pecuniary gain" means that a defendant received income, benefit, property, money, or anything of value from the commission of a felony offense under § 5-68-201 et seq., § 5-68-301 et seq., the Arkansas Law on Obscenity, § 5-68-401 et seq., or § 5-68-501 et seq.

Legislative History

Acts 1975, No. 280, § 1101; A.S.A. 1947, § 41-1101; Acts 2007, No. 346, § 1; 2009, No. 209, § 1.