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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 55. Sentencing and Probation
- Section 35. Fines.
previous: Section 30
. Discharge of Indigents Imprisoned For Nonpayment of Fine. [Repealed, Sec. 16 Ch 53 SLA 1973].
next: Section 36
. Day Fines.
AS 12.55.035. Fines.
- (a) Except as provided in AS 12.55.036
, 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) Except as provided in AS 12.55.036
, 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 no 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, promoting prostitution in the first degree under AS 11.66.110 (a)(2),
or misconduct involving a controlled substance in the
- (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) $10,000 for a class A misdemeanor;
- (6) $2,000 for a class B misdemeanor;
- (7) $500 for a violation.
- (c) Except as provided in AS 12.55.036
, upon conviction of an offense, a defendant that is an organization may be sentenced to pay a fine not exceeding the
- (1) an amount that is
- (A) $1,000,000 for a felony offense or for a misdemeanor offense that results in death;
- (B) $200,000 for a class A misdemeanor offense that does not result in death;
- (C) $25,000 for a class B misdemeanor offense that does not result in death;
- (D) $10,000 for a violation;
- (2) three times the pecuniary gain realized by the defendant as a result of the offense; or
- (3) three times the pecuniary damage or loss caused by the defendant to another, or to the property of another, as a
result 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.
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