Section 12.55.035. Fines.

   (a) Upon conviction of an offense, a defendant may be sentenced to pay a fine as authorized in this section or as otherwise authorized by law.
   (b) Upon conviction of an offense, a defendant who is not an organization may be sentenced to pay, unless otherwise specified in the provision of law defining the offense, a fine of not more than
        (1) $500,000 for murder in the first or second degree, attempted murder in the first degree, murder of an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first degree, kidnapping, sex trafficking in the first degree under AS 11.66.110(a)(2), or misconduct involving a controlled substance in the first degree;
        (2) $250,000 for a class A felony;
        (3) $100,000 for a class B felony;
        (4) $50,000 for a class C felony;
        (5) $25,000 for a class A misdemeanor;
        (6) $2,000 for a class B misdemeanor;
        (7) $500 for a violation.
   (c) Upon conviction of an offense, a defendant that is an organization may be sentenced to pay a fine not exceeding the greatest of
        (1) an amount that is
             (A) $2,500,000 for a felony offense or for a misdemeanor offense that results in death;
             (B) $500,000 for a class A misdemeanor offense that does not result in death;
             (C) $75,000 for a class B misdemeanor offense that does not result in death;
             (D) $25,000 for a violation;
        (2) three times the pecuniary gain
             (A) realized by the defendant as a result of the offense; or
             (B) sought by the defendant for the defendant or for others by the commission of the offense; or
        (3) three times the pecuniary damage or loss
             (A) caused by the defendant to another, or to the property of another, as a result of the offense; or
             (B) to another or the property of another sought by the defendant by the commission of the offense.
   (d) If a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments.
   (e) In imposing a fine under (c) of this section, in addition to any other relevant factors, the court shall consider
        (1) measures taken by the organization to discipline an officer, director, employee, or agent of the organization;
        (2) measures taken by the organization to prevent a recurrence of the offense;
        (3) the organization's obligation to make restitution to a victim of the offense, and the extent to which imposition of a fine will impair the ability of the organization to make restitution; and
        (4) the extent to which the organization will pass on to consumers the expense of the fine.
   (f) In imposing a fine, the court may not reduce the fine by the amount of a surcharge or otherwise consider the applicability of a surcharge to the offense.
   (g) Fines imposed and collected under this section shall be separately accounted for under AS 37.05.142.
   (h)  [Repealed, Sec. 5 ch 110 SLA 2010].  

Authorities

4.11.575;12.55.010;12.55.015;12.55.020;12.55.025;16.10.790;37.05.146;45.50.578;45.75.380;46.03.790;46.06.050;47.12.410

Notes

Recent Bills that will modify this

SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

References

AS 4.11.575 .575">Sec. 04.11.575. Civil fine.
AS 12.55.010 Imprisonment on judgment for payment of fine. [Repealed, Sec. 21 ch 166 SLA 1978. For present provisions, see AS
AS 12.55.015 Authorized sentences; forfeiture.
AS 12.55.020 Enforcing judgment to pay money. [Repealed, Sec. 21 ch 166 SLA 1978. For present provisions, see AS 12.55.025(f), AS
AS 16.10.790 Fines.
AS 37.05.146 Definition of program receipts and non-general fund program receipts.
AS 45.50.578 Criminal and civil penalties.
AS 45.75.380 Offenses and penalties.
AS 46.03.790 Criminal penalties.
AS 46.06.050 Litter receptacles and anti-litter symbol.
AS 47.12.410 Funding for youth courts.

History

(Sec. 12 ch 166 SLA 1978; am Sec. 17 ch 45 SLA 1982; am Sec. 26 ch 143 SLA 1982; am Sec. 4 ch 59 SLA 1988; am Sec. 18 ch 85 SLA 1988; am Sec. 1, 2 ch 142 SLA 1990; am Sec. 2 ch 71 SLA 1992; am Sec. 2 - 4 ch 79 SLA 1994; am Sec. 3 ch 56 SLA 1998; am Sec. 1, 2 ch 131 SLA 2002; am Sec. 7 ch 73 SLA 2006; am Sec. 21 ch 24 SLA 2007; am Sec. 1 - 3 ch 33 SLA 2009; am Sec. 1 ch 54 SLA 2010; am Sec. 8 ch 58 SLA 2010; am Sec. 1, 4 ch 110 SLA 2010; am Sec. 19 ch 1 TSSLA 2012; am Sec. 72 ch 36 SLA 2016)

].