• ABC
• CPL 
  • CRIMINAL PROCEDURE LAW
  •  
  • CPL Index by Article
  • CPL Index by Part
  •  
  • Part 1 - General Provisions
  • Part 2 - The Principal Proceedings
  • Part 3 - Special Proceedings
• CVR
• FCA
• PEN
• VTL 
  • VEHICLE TRAFFIC LAW Index
  •  
  • VTL Index by Article
  •  
  • Common Traffic Violations
  • Drivers License Points Guide
  • Drowsy Driving Guide
  • DWI Laws / Penalties
  • Seat Belt Guide
  •  
  • Title I - Words Phrases Defined
  • Title II - DMV Commissioner
  • Title III - Safety Responsibility
  • Title IV - Registration of Vehicles
  • Title V - Drivers Licenses
  • Title VI - Accidents and Reports
  • Title VII - Rules of the Road
  • Title VIII - Powers of Authorities
  • Title IX - Penalties, Fines, Forfeitures
  • Title X - Uniform Vehicle Title Act
  • Title XI - Registration of Snowmobiles...
  • Title XII - Effect of Chapter
• Site 
  • Law Spelling Guide
  • Legal Terms Defined
  • Site F.A.Q.'s
  • Site Map
  •  
  • U.S. Constitution
  •  
  • SELECTED ARTICLES
  • Correction Law
  • Navigation Law
  • Public Health Law

Article 80 - NY Penal Law

• NY Laws ›
• Penal Law ›
• Part 2 ›
• Title E ›
• Article 80

S 80.00 Fine for felony.
  1. A sentence to pay a fine for a felony shall be a sentence to pay an
amount, fixed by the court, not exceeding the higher of
  a. five thousand dollars; or
  b. double the amount of the defendant`s gain from the commission of
the crime; or
  c. if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one of this chapter, according to the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
  When imposing a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant`s conduct, whether
the amount of the fine is disproportionate to the conduct in which
defendant engaged, its impact on any victims, and defendant`s economic
circumstances, including the defendant`s ability to pay, the effect of
the fine upon his or her immediate family or any other persons to whom
the defendant owes an obligation of support.
  2. 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, less
the amount of money or the 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.
  3. When the court imposes a fine for a felony pursuant to paragraph b
of subdivision one of this section, the court shall make a finding as to
the amount of the defendant`s gain from the crime. If the record does
not contain sufficient evidence to support such a finding or to permit
adequate consideration of the matters specified in paragraph c of
subdivision one of this section, the court may conduct a hearing upon
such issues.
  4. Exception. The provisions of this section shall not apply to a
corporation.
  5. All moneys in excess of five thousand dollars received or collected
in payment of a fine imposed pursuant to paragraph c of subdivision one
of this section are the property of the state and the state comptroller
shall deposit all such fines to the rehabilitative alcohol and substance
treatment fund established pursuant to section ninety-seven-cc of the
state finance law.
  6. Notwithstanding any inconsistent provision of subdivision one of
this section a sentence to pay a fine for a felony set forth in the
vehicle and traffic law shall be a sentence to pay an amount fixed by
the court in accordance with the provisions of the law that defines the
crime.
  7. When the court imposes a fine pursuant to section 145.22 or 145.23
of this chapter, the court shall direct that no less than ten percent of
such fine be credited to the state cemetery vandalism restoration and
administration fund created pursuant to section ninety-seven-r of the
state finance law.

S 80.05 Fines for misdemeanors and violation.
  1. Class A misdemeanor. A sentence to pay a fine for a class A
misdemeanor shall be a sentence to pay an amount, fixed by the court,
not exceeding one thousand dollars, provided, however, that a sentence
imposed for a violation of section 215.80 of this chapter may include a
fine in an amount equivalent to double the value of the property
unlawfully disposed of in the commission of the crime.
  2. Class B misdemeanor. A sentence to pay a fine for a class B
misdemeanor shall be a sentence to pay an amount, fixed by the court,
not exceeding five hundred dollars.
  3. Unclassified misdemeanor. A sentence to pay a fine for an
unclassified misdemeanor shall be a sentence to pay an amount, fixed by
the court, in accordance with the provisions of the law or ordinance
that defines the crime.
  4. Violation. A sentence to pay a fine for a violation shall be a
sentence to pay an amount, fixed by the court, not exceeding two hundred
fifty dollars.
  In the case of a violation defined outside this chapter, if the amount
of the fine is expressly specified in the law or ordinance that defines
the offense, the amount of the fine shall be fixed in accordance with
that law or ordinance.
  5. Alternative sentence. If a person has gained money or property
through the commission of any misdemeanor or violation then upon
conviction thereof, the court, in lieu of imposing the fine authorized
for the offense under one of the above subdivisions, may sentence the
defendant to pay an amount, fixed by the court, not exceeding double the
amount of the defendant`s gain from the commission of the offense;
provided, however, that the amount fixed by the court pursuant to this
subdivision upon a conviction under section 11-1904 of the environmental
conservation law shall not exceed five thousand dollars.  In such event
the provisions of subdivisions two and three of section 80.00 shall be
applicable to the sentence.
  6. Exception. The provisions of this section shall not apply to a
corporation.

S 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) Ten thousand dollars, when the conviction is of a felony;
  (b) Five 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;
  (c) Two 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) Five hundred dollars, when the conviction is of a violation;
  (e) Any higher amount not exceeding double the amount of the
corporation`s gain from the commission of the 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.

S 80.15 Multiple offenses.
  Where a person is convicted of two or more offenses committed through
a single act or omission, or through an act or omission which in itself
constituted one of the offenses and also was a material element of the
other, and the court imposes a sentence of imprisonment or a fine or
both for one of the offenses, a fine shall not be imposed for the other.
The provisions of this section shall not apply to any offense or
offenses set forth in the vehicle and traffic law.

Top of Page