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Tennessee Code Title 39. Criminal Offenses § 39-12-205

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) A conviction under this part must be punished as a Class B felony, unless the conviction is based upon a pattern of racketeering activity that involved a homicide, in which case the conviction must be punished as a Class A felony. A person convicted under this part must be fined not more than two hundred fifty thousand dollars ($250,000) and, notwithstanding title 40, chapter 35, must be punished as a Range II offender, however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case may it be lower than Range II.

(b)(1) In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation 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 § 40-35-301.

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Cite this article: FindLaw.com - Tennessee Code Title 39. Criminal Offenses § 39-12-205 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-12-205/

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