§ 13-803 — Fines against enterprises

A. Except as provided in sections 13-822 and 13-823, a sentence to pay a fine that is imposed on an enterprise for an offense defined in this title or for an offense defined outside this title for which no special enterprise fine is specified shall be a sentence to pay an amount, fixed by the court, of not more than:

1. For a felony, one million dollars.

2. For a class 1 misdemeanor, twenty thousand dollars.

3. For a class 2 misdemeanor, ten thousand dollars.

4. For a class 3 misdemeanor, two thousand dollars.

5. For a petty offense, one thousand dollars.

B. If the court imposes a fine, the court shall impose as a presumptive fine the median of the allowable range under subsection A of this section and the presumptive fine may be mitigated or aggravated pursuant to this section.

C. After considering the factors listed in subsection F of this section, the court shall determine an appropriate fine. If the court deviates from the presumptive fine, the court shall set forth on the record the fine, if any, and how the relevant factors listed in subsection F of this section affected the court's determination.

D. Subsections B, C and F of this section and sections 13-822 and 13-823 do not apply to sentences for misdemeanor violations that are prosecuted in justice court or municipal court, except that the court may consider the factors listed in subsection F of this section and section 13-822 in determining the fine to impose.

E. A judgment that the enterprise shall pay a fine shall constitute a lien in like manner as a judgment for money rendered in a civil action.

F. If the court deviates from the presumptive fine, the court shall base its decision on any evidence or information that was introduced or submitted to it before sentencing or on any evidence that was previously heard at trial and shall consider the following factors, if relevant:

1. The income and assets of the enterprise and the economic impact of the penalty on the enterprise.

2. Any prior criminal, civil or regulatory misconduct by the enterprise.

3. The degree of harm resulting from the offense.

4. Whether the offense resulted in pecuniary gain.

5. Whether the enterprise made good faith efforts to comply with any applicable requirements.

6. The duration of the offense.

7. The role of the directors, officers or principals of the enterprise in the offense.

8. Whether the offense involved an unusually vulnerable victim due to age, physical or mental condition or any other factor that would make the victim particularly susceptible to criminal conduct.

9. Whether the offense involved a threat to a market.

10. Whether the enterprise breached a fiduciary duty in committing the offense.

11. The obligation of the enterprise to pay restitution.

12. Any other factors that the court deems appropriate.