PRIA, Government Policy, Made Personal

Summary

A person or a company found guilty can be ordered to pay a fine. For an individual, the judge must pick the largest of three amounts: the fine the crime’s law already says, the money-based amount described below, or a fixed cap depending on the crime — felony up to $250,000; misdemeanor causing death up to $250,000; Class A misdemeanor (no death) up to $100,000; Class B or C misdemeanor (no death) up to $5,000; infraction up to $5,000. For an organization the same rule applies but with higher caps: felony $500,000; misdemeanor causing death $500,000; Class A (no death) $200,000; Class B/C (no death) $10,000; infraction $10,000. If the crime produced money gain for anyone or caused money loss to someone else, the fine may be up to the greater of twice the total gain or twice the total loss, unless using that amount would make sentencing too complicated or take too long. If the law that defines the crime sets a lower fine (or none) and clearly says this rule does not apply, the lower amount controls.

Title 18, §3571

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)In General.—

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

(b)Fines for Individuals.—

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)

(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)Fines for Organizations.—

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)

(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)Alternative Fine Based on Gain or Loss.—

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)Special Rule for Lower Fine Specified in Substantive Provision.—

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