46-18-231. Fines in felony and misdemeanor cases. (1) (a) Except as provided in subsection (1)(b), whenever, upon a verdict of guilty or a plea of guilty or nolo contendere, an offender has been found guilty of an offense for which a felony penalty of imprisonment could be imposed, the sentencing judge may, in lieu of or in addition to a sentence of imprisonment, impose a fine only in accordance with subsection (3).
(b) For those crimes for which penalties are provided in the following sections, a fine may be imposed in accordance with subsection (3) in addition to a sentence of imprisonment:
(i) 45-5-103(4), mitigated deliberate homicide;
(ii) 45-5-202, aggravated assault;
(iii) 45-5-213, assault with a weapon;
(iv) 45-5-302(2), kidnapping;
(v) 45-5-303(2), aggravated kidnapping;
(vi) 45-5-401(2), robbery;
(vii) 45-5-502(3), sexual assault when the victim is less than 16 years old and the offender is 3 or more years older than the victim or the offender inflicts bodily injury in the course of committing the sexual assault;
(viii) 45-5-503(2) through (5), sexual intercourse without consent;
(ix) 45-5-507(5), incest when the victim is 12 years of age or younger and the offender is 18 years of age or older at the time of the offense;
(x) 45-5-508, aggravated sexual intercourse without consent;
(xi) 45-5-601(3) or (4), 45-5-602(3) or (4), or 45-5-603(2)(b) or (2)(c), prostitution, promotion of prostitution, or aggravated promotion of prostitution when the person patronized or engaging in prostitution was a child and the offender was 18 years of age or older at the time of the offense or when the person engaging in prostitution was a victim of human trafficking, as defined in 45-5-701, or was subjected to force, fraud, or coercion, either of which caused the person to be in the situation where the offense occurred, and the offender was 18 years of age or older at the time of the offense and the offender knew or reasonably should have known that the person was a victim of human trafficking or was subjected to force, fraud, or coercion;
(xii) 45-5-625(4), sexual abuse of children;
(xiii) 45-5-702, 45-5-703, 45-5-704, or 45-5-705, trafficking of persons, involuntary servitude, sexual servitude, or patronizing a victim of sexual servitude;
(xiv) 45-9-101(3), criminal possession with intent to distribute a dangerous drug; and
(xv) 45-9-109, criminal possession with intent to distribute dangerous drugs on or near school property.
(2) Whenever, upon a verdict of guilty or a plea of guilty or nolo contendere, an offender has been found guilty of an offense for which a misdemeanor penalty of a fine could be imposed, the sentencing judge may impose a fine only in accordance with subsection (3).
(3) The sentencing judge may not sentence an offender to pay a fine unless the offender is or will be able to pay the fine. In determining the amount and method of payment, the sentencing judge shall take into account the nature of the crime committed, the financial resources of the offender, and the nature of the burden that payment of the fine will impose.
(4) Any fine levied under this section in a felony case shall be in an amount fixed by the sentencing judge not to exceed $50,000.
History: En. Sec. 1, Ch. 198, L. 1981; amd. Sec. 106, Ch. 370, L. 1987; amd. Sec. 8, Ch. 610, L. 1987; amd. Sec. 3, Ch. 575, L. 1989; amd. Sec. 3, Ch. 42, L. 1991; amd. Sec. 2, Ch. 519, L. 1991; amd. Sec. 10, Ch. 52, L. 1999; amd. Sec. 21, Ch. 395, L. 1999; amd. Sec. 18, Ch. 432, L. 1999; amd. Sec. 18, Ch. 483, L. 2007; amd. Sec. 14, Ch. 374, L. 2013; amd. Sec. 23, Ch. 285, L. 2015; amd. Sec. 2, Ch. 277, L. 2017; amd. Sec. 28, Ch. 321, L. 2017; amd. Sec. 13, Ch. 308, L. 2019; amd. Sec. 48, I.M. No. 190, approved Nov. 3, 2020.