Kentucky Statutes 534.030 – Fines for felonies
Current as of: 2024 | Check for updates
|
Other versions
(1) Except as otherwise provided for an offense defined outside this code, a person who has been convicted of any felony shall, in addition to any other punishment imposed upon him, be sentenced to pay a fine in an amount not less than one thousand dollars ($1,000) and not greater than ten thousand dollars ($10,000) or double his gain from commission of the offense, whichever is the greater.
(2) In determining the amount and method of paying a fine for commission of a felony, the court shall consider, among others, the following factors:
(a) The defendant‘s ability to pay the amount of the fine;
(b) The hardship likely to be imposed on the defendant’s dependents by the amount of the fine and the time and method of paying it;
(c) The impact the amount of the fine will have on the defendant’s ability to make reparation or restitution to the victim; and
(d) The amount of the defendant’s gain, if any, derived from the commission of the offense.
(3) When a defendant is convicted of two (2) or more felonies committed through a single act and is sentenced to fines pursuant to subsection (1), the aggregate amount of the fines shall not exceed ten thousand dollars ($10,000) or double the amount of the defendant’s gain from commission of the offenses, whichever is the greater.
(4) Fines required by this section shall not be imposed upon any person determined by the court to be indigent pursuant to KRS Chapter 31.
(5) This section shall not apply to a corporation.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 403, sec. 1, effective July 15, 1994. — Amended
1990 Ky. Acts ch. 497, sec. 6, effective July 13, 1990. — Amended 1978 Ky. Acts ch.
101, sec. 7, effective June 17, 1978. — Created 1974 Ky. Acts ch. 406, sec. 292, effective January 1, 1975.
(2) In determining the amount and method of paying a fine for commission of a felony, the court shall consider, among others, the following factors:
Terms Used In Kentucky Statutes 534.030
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Gain: means the amount of money or the value of property derived from the
commission of the crime, less the amount of money or the 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. See Kentucky Statutes 534.010 - Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) The defendant‘s ability to pay the amount of the fine;
(b) The hardship likely to be imposed on the defendant’s dependents by the amount of the fine and the time and method of paying it;
(c) The impact the amount of the fine will have on the defendant’s ability to make reparation or restitution to the victim; and
(d) The amount of the defendant’s gain, if any, derived from the commission of the offense.
(3) When a defendant is convicted of two (2) or more felonies committed through a single act and is sentenced to fines pursuant to subsection (1), the aggregate amount of the fines shall not exceed ten thousand dollars ($10,000) or double the amount of the defendant’s gain from commission of the offenses, whichever is the greater.
(4) Fines required by this section shall not be imposed upon any person determined by the court to be indigent pursuant to KRS Chapter 31.
(5) This section shall not apply to a corporation.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 403, sec. 1, effective July 15, 1994. — Amended
1990 Ky. Acts ch. 497, sec. 6, effective July 13, 1990. — Amended 1978 Ky. Acts ch.
101, sec. 7, effective June 17, 1978. — Created 1974 Ky. Acts ch. 406, sec. 292, effective January 1, 1975.