Historic Site Preservation
Penalties
40-35-111. Authorized terms of imprisonment and fines for felonies and misdemeanors.
(a) A sentence for a felony is a determinate sentence.
(b) The authorized terms of imprisonment and fines for felonies are:
(1) Class A felony, not less than fifteen (15) nor more than sixty (60) years.
In addition, the jury may assess a fine not to exceed fifty thousand dollars
($50,000), unless otherwise provided by statute;
(2) Class B felony, not less than eight (8) nor more than thirty (30) years.
In addition, the jury may assess a fine not to exceed twenty-five thousand
dollars ($25,000), unless otherwise provided by statute;
(3) Class C felony, not less than three (3) years nor more than fifteen (15)
years. In addition, the jury may assess a fine not to exceed ten thousand
dollars ($10,000), unless otherwise provided by statute;
(4) Class D felony, not less than two (2) years nor more than twelve (12) years.
In addition, the jury may assess a fine not to exceed five thousand dollars
($5,000), unless otherwise provided by statute; and
(5) Class E felony, not less than one (1) year nor more than six (6) years. In
addition, the jury may assess a fine not to exceed three thousand dollars
($3,000), unless otherwise provided by statute.
(c) A sentence to pay a fine, when imposed on a corporation for an offense
defined in title 39 or for any offense defined in
any other title for which no special corporate fine is specified, is a sentence
to pay an amount, not to exceed:
(1) Three hundred fifty thousand dollars ($350,000) for a Class A felony;
(2) Three hundred thousand dollars ($300,000) for a Class B felony;
(3) Two hundred fifty thousand dollars ($250,000) for a Class C felony;
(4) One hundred twenty-five thousand dollars ($125,000) for a Class D felony;
and
(5) Fifty thousand dollars ($50,000) for a Class E felony.
If a special fine for a corporation is expressly specified in the statute which
defines an offense, the fine fixed shall be within the limits specified in the
statute.
(d) A sentence for a misdemeanor is a determinate sentence.
(e) The authorized terms of imprisonment and fines for misdemeanors are:
(1) Class A misdemeanor, not greater than eleven (11) months twenty-nine (29)
days or a fine not to exceed two thousand five hundred dollars ($2,500), or
both, unless otherwise provided by statute;
(2) Class B misdemeanor, not greater than six (6) months or a fine not to exceed
five hundred dollars ($500), or both, unless otherwise provided by statute; and
(3) Class C misdemeanor, not greater than thirty (30) days or a fine not to
exceed fifty dollars ($50.00), or both, unless otherwise provided by statute. [Acts
1989, ch. 591, § 6.]
40-35-112. Sentence ranges.
(a) A "Range I" sentence is as follows:
(1) For a Class A felony, not less than fifteen (15) nor more than twenty-five
(25) years;
(2) For a Class B felony, not less than eight (8) nor more than twelve (12)
years;
(3) For a Class C felony, not less than three (3) nor more than six (6) years;
(4) For a Class D felony, not less than two (2) nor more than four (4) years;
and
(5) For a Class E felony, not less than one (1) nor more than two (2) years.
(b) A "Range II" sentence is as follows:
(1) For a Class A felony, not less than twenty-five (25) nor more than forty
(40) years;
(2) For a Class B felony, not less than twelve (12) nor more than twenty (20)
years;
(3) For a Class C felony, not less than six (6) nor more than ten (10) years;
(4) For a Class D felony, not less than four (4) nor more than eight (8) years;
and
(5) For a Class E felony, not less than two (2) nor more than four (4) years.
(c) A "Range III" sentence is as follows:
(1) For a Class A felony, not less than forty (40) nor more than sixty (60)
years;
(2) For a Class B felony, not less than twenty (20) nor more than thirty (30)
years;
(3) For a Class C felony, not less than ten (10) nor more than fifteen (15)
years;
(4) For a Class D felony, not less than eight (8) nor more than twelve (12)
years; and
(5) For a Class E felony, not less than four (4) nor more than six (6) years. [Acts
1989, ch. 591, § 6.]
Historic & Sacred Site Preservation