FINES
Monetary charges imposed upon individuals who
have been convicted of a crime or a lesser offense.
A fine is a criminal sanction. A civil sanc-
tion, by contrast, is called a penalty. The term
fine is sometimes used to describe a penalty, but
the terms fine and penalty should be kept sepa-
rate because the consequences are different:
nonpayment of a criminal fine can result in
incarceration, whereas nonpayment of a civil
penalty cannot.
Federal and state criminal statutes authorize
fines for certain offenses. Depending on the
crime, a fine may be imposed in addition to
incarceration, restitution, community service, or
PROBATION. The amount of a fine varies with
the severity of the offense. State and federal
criminal codes generally break down felonies
and misdemeanors into classes or degrees. In
Kentucky, for example, the fine for a violation or
a class B misdemeanor may not exceed $250. For
a class A misdemeanor, the fine may not exceed
$500 (Ky. Rev. Stat. Ann. § 534.040). For a felony
conviction, Kentucky courts are bound by
statute to fine the defendant not less than
$1,000, and not more than $10,000 or double
the gain from the commission of the offense,
whichever is greater (Ky. Rev. Stat. Ann. §
534.030). Two or more felonies committed
through a single act may be fined separately in
Kentucky, but the aggregate may not exceed
$10,000 or double the amount of the illicit gain,
whichever is greater.
In federal court, a felony is subject to a fine
of not more than $250,000. A fine of $250,000 is
also authorized for a misdemeanor resulting in
death. Fines for class A misdemeanors not
resulting in death may reach $100,000, and sim-
ilar class B and C misdemeanors may result in a
fine of up to $5,000 (18 U.S.C.A. § 3571). Fed-
eral law also allows a court to fine a defendant
who has financially benefited from a crime, an
amount twice that illicitly gained.
Federal and state laws authorize fines of sim-
ilarly scaled amounts for organizations. The
maximum fine for organizations is much higher
than that for individuals. For instance, under 18
U.S.C.A. § 3571, an organization guilty of a
felony may be fined as much as $500,000. Ken-
tucky also doubles the fine limit for organiza-
tions. For example, an organization in Kentucky
that commits a felony may be fined $20,000, up
from $10,000 for an individual (Ky. Rev. Stat.
Ann. § 534.050).
States also authorize fines for specific
crimes. In Kentucky, for example, a fine of not
more than $2,500 and not less than $1,000 is
required for the illegal sale of tobacco to a minor
(§ 438.313). Statutes fix the maximum fine for a
given offense, and statutes can be changed, so
fine amounts can change.
In state courts, sentencing is usually left to
the discretion of the judge. If a defendant is
found by a court to be indigent, the court gener-
ally will not impose a fine (see, e.g., Ky. Rev. Stat.
Ann. §§ 534.030, 534.040). A determination of
indigence generally involves an examination of
several factors, including income, earning
capacity, financial resources, the burden the fine
may impose on persons dependent on the
defendant, and the need to deprive the defen-
dant of any illegally obtained gains. Where an
indigent defendant is convicted of an offense
that calls for incarceration, the court generally
will not impose a fine in addition to the incar-
ceration.
Federal courts must sometimes follow
prison sentences mandated by federal statute,
but the decision of whether to impose a fine in
