(a) Any person convicted of engaging in activity in violation of this part commits a Class B felony and, upon conviction, shall be fined not more than two hundred fifty thousand dollars ($250,000) or sentenced to imprisonment from within Range II, unless the person qualifies for a higher range, or both.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B felony8 to 30 yearsup to $25,000
For details, see Tenn. Code § 40-35-111
criminal case

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Terms Used In Tennessee Code 39-12-205

  • Conviction: A judgement of guilt against a criminal defendant.
  • Person: means any individual or entity holding or capable of holding a legal or beneficial interest in property. See Tennessee Code 39-12-203
  • Property: means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. See Tennessee Code 39-11-106
(b)

(1) In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of this part, through which pecuniary value is derived, or by which personal injury or property damage or other loss is caused, may be sentenced to pay a fine that does not exceed three (3) times the gross value gained or three (3) times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.
(2) For the purposes of subdivision (b)(1) “pecuniary value” means:

(A) Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else, the primary significance of which is economic advantage; or
(B) Any other property or service that has a value in excess of five hundred dollars ($500).
(c) The court shall hold a hearing to determine the amount of the fine authorized by subsection (b).
(d) Any fine imposed pursuant to this section shall be fixed in accordance with § 40-35-301.
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