Code of the District of Columbia

Chapter 35B. Fines for Criminal Offenses.

§ 22–3571.01. Fines for criminal offenses.

(a) Notwithstanding any other provision of the law, and except as provided in § 22-3571.02, a defendant who has been found guilty of an offense under the District of Columbia Official Code punishable by imprisonment may be sentenced to pay a fine as provided in this section.

(b) An individual who has been found guilty of such an offense may be fined not more than the greatest of:

(1) $100 if the offense is punishable by imprisonment for 10 days or less; (2) $250 if the offense is punishable by imprisonment for 30 days, or one month, or less but more than 10 days;

(3) $500 if the offense is punishable by imprisonment for 90 days, or 3 months, or less but more than 30 days;

(4) $1,000 if the offense is punishable by imprisonment for 180 days, or 6 months, or less but more than 90 days;

(5) $2,500 if the offense is punishable by imprisonment for one year or less but more than 180 days;

(6) $12,500 if the offense is punishable by imprisonment for 5 years or less but more than one year;

(7) $25,000 if the offense is punishable by imprisonment for 10 years or less but more than 5 years;

(8) $37,500 if the offense is punishable by imprisonment for 15 years or less but more than 10 years;

(9) $50,000 if the offense is punishable by imprisonment for 20 years or less but more than 15 years;

(10) $75,000 if the offense is punishable by imprisonment for 30 years or less but more than 20 years;

(11) $125,000 if the offense is punishable by imprisonment for more than 30 years; or

(12) $250,000 if the offense resulted in death.

(c) An organization that has been found guilty of an offense punishable by imprisonment for 6 months or more may be fined not more than the greatest of:

(1) Twice the maximum amount specified in the law setting forth the penalty for the offense;

(2) Twice the applicable amount under subsection (b) of this section; or

(3) Twice the applicable amount under § 22-3571.02(a).

§ 22–3571.02. Applicability of fine proportionality provision.

(a) Notwithstanding any other provision of law, a sentence to pay a fine under § 22-3571.01 shall be subject to the following:

(1) If a law setting forth the penalty for such an offense specifies a maximum fine that is lower than the fine otherwise applicable under § 22-3571.01 and such law, by specific reference, exempts the offense from the applicability of the fine otherwise applicable under § 22-3571.01, the defendant may not be fined more than the maximum amount specified in the law setting forth the penalty for the offense.

(2) If a law setting forth the penalty for such an offense specifies a maximum fine that is higher than the fine otherwise applicable under § 22-3571.01 and such law, by specific reference, exempts the offense from the applicability of the fine otherwise applicable under § 22-3571.01, the defendant may be fined the maximum amount specified in the law setting forth the penalty for the offense.

(3) If a law setting forth the penalty for such an offense specifies no fine and such law, by specific reference, does not exempt the offense from the fine otherwise applicable under § 22-3571.01, the defendant may be fined pursuant to § 22-3571.01.

(b)(1) If any person derives pecuniary gain from such an offense, or if the offense results in pecuniary loss to a person other than the defendant, the defendant may be fined not more than the greater of twice the gross gain or twice the gross loss.

(2) The court may impose a fine under this subsection in excess of the fine provided for by § 22-3571.01 only to the extent that the pecuniary gain or loss is both alleged in the indictment or information and is proven beyond a reasonable doubt.

(c) [This chapter and the provisions of D.C. Law 19-317] shall not apply to any provision of Title 11 of the District of Columbia Official Code.