Section 560.011

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 560

Effective - 01 Jan 1979, 2 histories, see footnote   (history) 

  560.011.  Until December 31, 2016 — Fines for felonies. — 1.  A person who has been convicted of a class C or D felony may be sentenced

  (1)  To pay a fine which does not exceed five thousand dollars; 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 double the amount of the offender's gain from the commission of the crime.  An individual offender may be fined not more than twenty thousand dollars under this provision.

  2.  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.

  3.  The provisions of this section shall not apply to corporations.

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(L. 1977 S.B. 60)

Effective 1-01-79

Transferred 2014; now 558.002; Effective 1-01-17