(a) A person who has been convicted of a class C or D felony may be sentenced:
(1) to pay a fine not exceeding $5,000; or
(2) if the offender has gained money or property through the commission of the crime, to pay an amount, fixed by the court, not exceeding 2 times amount of the offender’s gain from the commission of the crime. An individual offender may be fined not more than $20,000 under this provision.
(b) As used in this section, the term “gain” means the amount of money or the value of property derived from the commission of the crime. The amount of money or value of property returned to the victim of the crime or seized by or surrendered to lawful authority prior to the time sentence is imposed shall be deducted from the fine. When the court imposes a fine based on gain, the court shall make a finding as to the amount of the offender’s gain from the crime. If the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue.
(c) The provisions of this section do not apply to corporations.History: 1979, PL 16-43 § 2.
Research Guide: MCC 560.016.