PART III.  FEES, FINES, AND RESTITUTION

Note

  Part heading amended by L 1998, c 269, §3; L 2000, c 205, §5.

     §706-640  Authorized fines.  (1)  A person who has been convicted of an offense may be sentenced to pay a fine not exceeding:

     (a)  $50,000, when the conviction is of a class A felony, murder in the first or second degree, or attempted murder in the first or second degree;

     (b)  $25,000, when the conviction is of a class B felony;

     (c)  $10,000, when the conviction is of a class C felony;

     (d)  $2,000, when the conviction is of a misdemeanor;

     (e)  $1,000, when the conviction is of a petty misdemeanor or a violation;

     (f)  Any higher amount equal to double the pecuniary gain derived from the offense by the defendant;

     (g)  Any higher or lower amount specifically authorized by statute.

     (2)  Notwithstanding § 706-641, the court shall impose a mandatory fine upon any defendant convicted of theft in the first or second degree committed by receiving stolen property as set forth in § 708-830(7).  The fine imposed shall be the greater of double the value of the stolen property received or $25,000 in the case of a conviction for theft in the first degree; or the greater of double the value of the stolen property received or $10,000 in the case of a conviction for theft in the second degree.  The mandatory fines imposed by this subsection shall not be reduced except and only to the extent that payment of the fine prevents the defendant from making restitution to the victim of the offense, or that the defendant’s property, real or otherwise, has been forfeited under chapter 712A as a result of the same conviction for which the defendant is being fined under this subsection.  Consequences for nonpayment shall be governed by § 706-644; provided that the court shall not reduce the fine under § 706-644(4) or 706-645.