13-803

13-803. Fines against enterprises

A. Except as provided in sections 13-822 and 13-823, a sentence to pay a fine that
is imposed on an enterprise for an offense defined in this title or for an offense
defined outside this title for which no special enterprise fine is specified shall be a
sentence to pay an amount, fixed by the court, of not more than:

1. For a felony, one million dollars.

2. For a class 1 misdemeanor, twenty thousand dollars.

3. For a class 2 misdemeanor, ten thousand dollars.

4. For a class 3 misdemeanor, two thousand dollars.

5. For a petty offense, one thousand dollars.

B. If the court imposes a fine, the court shall impose as a presumptive fine the
median of the allowable range under subsection A of this section and the presumptive fine
may be mitigated or aggravated pursuant to this section.

C. After considering the factors listed in subsection F of this section, the court
shall determine an appropriate fine. If the court deviates from the presumptive fine, the
court shall set forth on the record the fine, if any, and how the relevant factors listed
in subsection F of this section affected the court's determination.

D. Subsections B, C and F of this section and sections 13-822 and 13-823 do not
apply to sentences for misdemeanor violations that are prosecuted in justice court or
municipal court, except that the court may consider the factors listed in subsection F of
this section and section 13-822 in determining the fine to impose.

E. A judgment that the enterprise shall pay a fine shall constitute a lien in like
manner as a judgment for money rendered in a civil action.

F. If the court deviates from the presumptive fine, the court shall base its
decision on any evidence or information that was introduced or submitted to it before
sentencing or on any evidence that was previously heard at trial and shall consider the
following factors, if relevant:

1. The income and assets of the enterprise and the economic impact of the penalty
on the enterprise.

2. Any prior criminal, civil or regulatory misconduct by the enterprise.

3. The degree of harm resulting from the offense.

4. Whether the offense resulted in pecuniary gain.

5. Whether the enterprise made good faith efforts to comply with any applicable
requirements.

6. The duration of the offense.

7. The role of the directors, officers or principals of the enterprise in the
offense.

8. Whether the offense involved an unusually vulnerable victim due to age, physical
or mental condition or any other factor that would make the victim particularly
susceptible to criminal conduct.

9. Whether the offense involved a threat to a market.

10. Whether the enterprise breached a fiduciary duty in committing the offense.

11. The obligation of the enterprise to pay restitution.

12. Any other factors that the court deems appropriate.