39-12-205 - Penalties. - Tennessee Statutes

39-12-205. Penalties.

(a)  Any person convicted of engaging in activity in violation of the provisions of this part commits a Class B felony and, upon conviction, shall be fined not more than two hundred fifty thousand dollars ($250,000) or sentenced to imprisonment from within Range II, unless the person qualifies for a higher range, or both.

(b)  (1)  In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of the provisions of this part, through which pecuniary value is derived, or by which personal injury or property damage or other loss is caused, may be sentenced to pay a fine that does not exceed three (3) times the gross value gained or three (3) times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.

     (2)  For the purposes of subdivision (b)(1) “pecuniary value” means:

          (A)  Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else, the primary significance of which is economic advantage; or

          (B)  Any other property or service that has a value in excess of five hundred dollars ($500).

(c)  The court shall hold a hearing to determine the amount of the fine authorized by subsection (b).

(d)  Any fine imposed pursuant to this section shall be fixed in accordance with the provisions of § 40-35-301.

[Acts 1989, ch. 591, § 1.]