N.Y. PEN Law § 80.00 — New York Code / Act PEN / Part 2 / Title E / Article 80 / Section 80.00
Fine for felony
Status: in_force

§ 80.00 Fine for felony.\n  1. A sentence to pay a fine for a felony shall be a sentence to pay an\namount, fixed by the court, not exceeding the higher of\n  a. five thousand dollars; or\n  b. double the amount of the defendant's gain from the commission of\nthe crime or, if the defendant is convicted of a crime defined in\narticle four hundred ninety-six of this chapter, any higher amount not\nexceeding three times the amount of the defendant's gain from the\ncommission of such offense; or\n  c. if the conviction is for any felony defined in article two hundred\ntwenty or two hundred twenty-one of this chapter, according to the\nfollowing schedule:\n  (i) for A-I felonies, one hundred thousand dollars;\n  (ii) for A-II felonies, fifty thousand dollars;\n  (iii) for B felonies, thirty thousand dollars;\n  (iv) for C felonies, fifteen thousand dollars.\nWhen imposing a fine pursuant to the provisions of this paragraph, the\ncourt shall consider the profit gained by defendant's conduct, whether\nthe amount of the fine is disproportionate to the conduct in which\ndefendant engaged, its impact on any victims, and defendant's economic\ncircumstances, including the defendant's ability to pay, the effect of\nthe fine upon his or her immediate family or any other persons to whom\nthe defendant owes an obligation of support.\n  2. As used in this section the term "gain" means the amount of money\nor the value of property derived from the commission of the crime, less\nthe amount of money or the value of property returned to the victim of\nthe crime or seized by or surrendered to lawful authority prior to the\ntime sentence is imposed.\n  3. When the court imposes a fine for a felony pursuant to paragraph b\nof subdivision one of this section, the court shall make a finding as to\nthe amount of the defendant's gain from the crime. If the record does\nnot contain sufficient evidence to support such a finding or to permit\nadequate consideration of the matters specified in paragraph c of\nsubdivision one of this section, the court may conduct a hearing upon\nsuch issues.\n  4. Exception. The provisions of this section shall not apply to a\ncorporation.\n  5. All moneys in excess of five thousand dollars received or collected\nin payment of a fine imposed pursuant to paragraph c of subdivision one\nof this section are the property of the state and the state comptroller\nshall deposit all such fines to the rehabilitative alcohol and substance\ntreatment fund established pursuant to section ninety-seven-cc of the\nstate finance law.\n  6. Notwithstanding any inconsistent provision of subdivision one of\nthis section a sentence to pay a fine for a felony set forth in the\nvehicle and traffic law shall be a sentence to pay an amount fixed by\nthe court in accordance with the provisions of the law that defines the\ncrime.\n  7. When the court imposes a fine pursuant to section 145.22 or 145.23\nof this chapter, the court shall direct that no less than ten percent of\nsuch fine be credited to the state cemetery vandalism restoration and\nadministration fund created pursuant to section ninety-seven-r of the\nstate finance law.\n