MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
Section 7.02. Criteria for Imposing Fines.

  (1) The Court shall not sentence a defendant only to pay a fine, when any other disposition is authorized by law, unless having regard to the nature and circumstances of the crime and to the history and character of the defendant, it is of the opinion that the fine alone suffices for protection of the public.

  (2) The Court shall not sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation unless:

    (a) the defendant has derived a pecuniary gain from the crime;  or

    (b) the Court is of opinion that a fine is specially adapted to deterrence of the crime involved or to the correction of the offender.

  (3) The Court shall not sentence a defendant to pay a fine unless:

    (a) the defendant is or will be able to pay the fine;  and

    (b) the fine will not prevent the defendant from making restitution or reparation to the victim of the crime.

  (4) In determining the amount and method of payment of a fine, the Court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.