§3571 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

A person found guilty can be ordered to pay a fine. The judge must choose the largest of: the fine listed in the crime’s law; the amount allowed for money gained or lost (see next paragraph); or a cap based on how serious the offense is: for a felony $250,000; for a misdemeanor that causes death $250,000; for a Class A misdemeanor not causing death $100,000; for a Class B or C misdemeanor not causing death $5,000; and for an infraction $5,000. An organization found guilty follows the same rule but with higher caps: felony $500,000; misdemeanor causing death $500,000; Class A misdemeanor not causing death $200,000; Class B or C misdemeanor not causing death $10,000; and infraction $10,000. If the crime gave the defendant money or caused someone else to lose money, the fine can be up to twice the total gain or twice the total loss, whichever is larger, unless that would make sentencing too complicated or take too long. If the law for the offense sets a different fine or specifically says this section does not apply, the fine may not exceed the amount in that law.

Title 18, §3571

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)A defendant who has been found guilty of an offense may be sentenced to pay a fine.

(b)Except as provided in subsection (e) of this section, an individual who has been found guilty of an offense may be fined not more than the greatest of—

(1)the amount specified in the law setting forth the offense;

(2)the applicable amount under subsection (d) of this section;

(3)for a felony, not more than $250,000;

(4)for a misdemeanor resulting in death, not more than $250,000;

(5)for a Class A misdemeanor that does not result in death, not more than $100,000;

(6)for a Class B or C misdemeanor that does not result in death, not more than $5,000; or

(7)for an infraction, not more than $5,000.

(c)Except as provided in subsection (e) of this section, an organization that has been found guilty of an offense may be fined not more than the greatest of—

(1)the amount specified in the law setting forth the offense;

(2)the applicable amount under subsection (d) of this section;

(3)for a felony, not more than $500,000;

(4)for a misdemeanor resulting in death, not more than $500,000;

(5)for a Class A misdemeanor that does not result in death, not more than $200,000;

(6)for a Class B or C misdemeanor that does not result in death, not more than $10,000; and

(7)for an infraction, not more than $10,000.

(d)If any person derives pecuniary gain from the offense, or if the offense results in pecuniary loss to a person other than the defendant, the defendant may be fined not more than the greater of twice the gross gain or twice the gross loss, unless imposition of a fine under this subsection would unduly complicate or prolong the sentencing process.

(e)If a law setting forth an offense specifies no fine or a fine that is lower than the fine otherwise applicable under this section and such law, by specific reference, exempts the offense from the applicability of the fine otherwise applicable under this section, the defendant may not be fined more than the amount specified in the law setting forth the offense.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

For a prior section 3571, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.

Amendments

1987—Pub. L. 100–185 amended section generally, revising and restating as subsecs. (a) to (e) provisions formerly contained in subsecs. (a) and (b).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.

§3571 Sentence of fine