Ark. Code Ann. § 5-4-201 (2026)
Fines — Limitations on amount
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A defendant convicted of a felony may be sentenced to pay a fine:
- Not exceeding fifteen thousand dollars ($15,000) if the conviction is of a Class A felony or Class B felony;
- Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C felony or Class D felony; or
- In accordance with a limitation of the statute defining the felony if the conviction is of an unclassified felony.
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A defendant convicted of a misdemeanor may be sentenced to pay a fine:
- Not exceeding two thousand five hundred dollars ($2,500) if the conviction is of a Class A misdemeanor;
- Not exceeding one thousand dollars ($1,000) if the conviction is of a Class B misdemeanor;
- Not exceeding five hundred dollars ($500) if the conviction is of a Class C misdemeanor; or
- In accordance with a limitation of the statute defining the misdemeanor if the conviction is of an unclassified misdemeanor.
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A defendant convicted of a violation may be sentenced to pay a fine:
- Not exceeding one hundred dollars ($100) if the violation is defined by the Arkansas Criminal Code or defined by a statute enacted subsequent to January 1, 1976, that does not prescribe a different limitation on the amount of the fine; or
- In accordance with a limitation of the statute defining the violation if that statute prescribes limitations on the amount of the fine.
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- Notwithstanding a limit imposed by this section, if the defendant has derived pecuniary gain from commission of an offense, then upon conviction of the offense the defendant may be sentenced to pay a fine not exceeding two (2) times the amount of the pecuniary gain.
- As used in this subsection, “pecuniary gain” means the amount of money or the value of property derived from the commission of the offense, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to a lawful authority prior to the time sentence is imposed.
- An organization convicted of an offense may be sentenced to pay a fine authorized by subsection (d) of this section or not exceeding two (2) times the maximum fine otherwise authorized upon conviction of the offense by subsection (a), (b), or (c) of this section.
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- Notwithstanding a limit imposed by this section or the section defining the felony offense, if a defendant has derived pecuniary gain from the commission of a felony offense under § 5-68-201 et seq., § 5-68-301 et seq., the Arkansas Law on Obscenity, § 5-68-401 et seq., or § 5-68-501 et seq., then upon conviction of the felony offense, the defendant may be sentenced to pay a fine not exceeding two hundred fifty thousand dollars ($250,000).
- As used in this subsection, “derived pecuniary gain” means that a defendant received income, benefit, property, money, or anything of value from the commission of a felony offense under § 5-68-201 et seq., § 5-68-301 et seq., the Arkansas Law on Obscenity, § 5-68-401 et seq., or § 5-68-501 et seq.
History. Acts 1975, No. 280, § 1101; A.S.A. 1947, § 41-1101; Acts 2007, No. 346, § 1; 2009, No. 209, § 1.
Amendments. The 2009 amendment substituted “two thousand five hundred dollars ($2,500)” for “one thousand dollars ($1,000)” in (b)(1), substituted “one thousand dollars ($1,000)” for “five hundred dollars “($500)” in (b)(2), and substituted “five hundred dollars “($500)” for “one hundred dollars ($100)” in (b)(3).
Meaning of “Arkansas Criminal Code”. See note to § 5-1-101.
Research References
U. Ark. Little Rock L.J.
Survey — Criminal Procedure, 10 U. Ark. Little Rock L.J. 567.
Survey — Probate, 10 U. Ark. Little Rock L.J. 599.
Case Notes
Amount of Fine.
Imposing a fine of zero dollars is not imposing a fine at all. Higgins v. State, 326 Ark. 1030, 936 S.W.2d 740 (1996).
Assessment.
Inasmuch as the assessment of penalties is optional with the jury, it was reversible error for the trial court to submit a verdict form which indicated that the assessment of penalties was mandatory in case of a verdict of guilty. Bolden v. State, 262 Ark. 718, 561 S.W.2d 281 (1978).
Sentence of imprisonment and a fine was within the range of sentences for a defendant convicted of a class B felony who had previous felony convictions. Davis v. State, 275 Ark. 264, 630 S.W.2d 1 (1982).
Evidence.
In a capital murder case, there was sufficient evidence that defendant murdered the victim for pecuniary gain where defendant took the victim's car, television set, silverware, Bible, and other items of personal property from her home after he killed her. Thessing v. State, 365 Ark. 384, 230 S.W.3d 526 (2006), cert. denied, Thessing v. Arkansas, 549 U.S. 891, 127 S. Ct. 193, 166 L. Ed. 2d 158 (2006).
Sentence Appropriate.
Sixty-day sentence for contempt based on a failure to pay child support was allowable, despite the lack of statutory authority under subdivision (b)(3) of this section, because the will of the Arkansas General Assembly was not a limitation upon the power of the trial court to inflict a reasonable punishment for disobedience. Norman v. Cooper, 101 Ark. App. 446, 278 S.W.3d 569 (2008).
Prosecutor was entitled to defend herself and defendant could not show prejudice from the prosecutor's rebuttal, given that for aggravated robbery, he could have received up to a 40-year prison term, yet he received the minimum sentence of 10 years, and for his theft conviction, he could have received up to a six-year prison term or a fine up to $10,000 or both, and he received no prison time and was ordered only to pay a $250 fine. Delatorre v. State, 2015 Ark. App. 498, 471 S.W.3d 223 (2015).
Unauthorized Sentence.
Where the jury sentenced defendant on fifteen of the twenty counts of violation of a minor to no term of imprisonment and a fine of zero dollars, the sentence was illegal as the sentencing range was five to twenty years imprisonment or a fine not to exceed $15,000, or both; thus, remand for resentencing on those counts was ordered. Smith v. State, 354 Ark. 226, 118 S.W.3d 542 (2003).
Cited: Wilson v. State, 261 Ark. 820, 552 S.W.2d 223 (1977); Berry v. State, 263 Ark. 446, 565 S.W.2d 418 (1978); Hunter v. State, 264 Ark. 195, 570 S.W.2d 267 (1978); Cannon v. State, 265 Ark. 270, 578 S.W.2d 20 (1979); Reeves v. Mabry, 615 F.2d 489 (8th Cir. 1980); Mills v. State, 270 Ark. 141, 603 S.W.2d 416 (1980); Mathis v. State, 267 Ark. 904, 591 S.W.2d 679 (Ct. App. 1979); Philmon v. State, 267 Ark. 1121, 593 S.W.2d 504 (1980); Rhoades v. State, 270 Ark. 962, 607 S.W.2d 76 (1980); Scott v. State, 1 Ark. App. 207, 614 S.W.2d 239 (1981); Summerlin v. State, 7 Ark. App. 10, 643 S.W.2d 582 (1982); Masingill v. State, 7 Ark. App. 90, 644 S.W.2d 614 (1983); Rogers v. State, 10 Ark. App. 19, 660 S.W.2d 949 (1983); Wright v. Burton, 279 Ark. 1, 648 S.W.2d 794 (1983); Hill v. Lockhart, 474 U.S. 52, 106 S. Ct. 366, 88 L. Ed. 2d 203 (1985); Simmons v. State, 13 Ark. App. 208, 681 S.W.2d 422 (1985); Smith v. State, 18 Ark. App. 152, 713 S.W.2d 241 (1986); Duhon v. State, 299 Ark. 503, 774 S.W.2d 830 (1989); Butler v. State, 309 Ark. 211, 829 S.W.2d 412; Tigue v. State, 319 Ark. 147, 889 S.W.2d 760 (1994); Rush v. State, 324 Ark. 147, 919 S.W.2d 933 (1996); Jester v. State, 367 Ark. 249, 239 S.W.3d 484 (2006).