Fines for corporations

§ 80.10 Fines for corporations.

1. In general. A sentence to pay a fine, when imposed on a corporation for an offense defined in this chapter or for an offense defined outside this chapter for which no special corporate fine is specified, shall be a sentence to pay an amount, fixed by the court, not exceeding:

(a) Eighty thousand dollars, when the conviction is of a felony; provided, however, that when the conviction is pursuant to subparagraph (iv) of paragraph (c) of subdivision two of section 20.20 of this chapter, such fine shall be fixed by the court and shall be no more than five hundred thousand dollars;

(b) Forty thousand dollars, when the conviction is of a class A misdemeanor or of an unclassified misdemeanor for which a term of imprisonment in excess of three months is authorized; provided, however, that when the conviction is pursuant to subparagraph (iv) of paragraph (c) of subdivision two of section 20.20 of this chapter, such fine shall be fixed by the court and shall be no more than three hundred thousand dollars;

(c) Fifteen thousand dollars, when the conviction is of a class B misdemeanor or of an unclassified misdemeanor for which the authorized term of imprisonment is not in excess of three months;

(d) Four thousand dollars, when the conviction is of a violation;

(e) Any higher amount not exceeding three times the amount of the corporation's gain from the commission of the offense or, if the corporation is convicted of a crime defined in article four hundred ninety-six of this chapter, any higher amount not exceeding three times the amount of the corporation's gain from the commission of such offense.

2. Exception. In the case of an offense defined outside this chapter, if a special fine for a corporation is expressly specified in the law or ordinance that defines the offense, the fine fixed by the court shall be as follows:

(a) An amount within the limits specified in the law or ordinance that defines the offense; or

(b) Any higher amount not exceeding double the amount of the corporation's gain from the commission of the offense.

3. Determination of amount or value. When the court imposes the fine authorized by paragraph (e) of subdivision one or paragraph (b) of subdivision two for any offense the provisions of subdivision three of section 80.00 shall be applicable to the sentence.