2006 Ohio Revised Code - 2929.31. Organizational penalties.

§ 2929.31. Organizational penalties.
 

(A)  Regardless of the penalties provided in sections 2929.02, 2929.14 to 2929.18, and 2929.24 to 2929.28 of the Revised Code, an organization convicted of an offense pursuant to section 2901.23 of the Revised Code shall be fined in accordance with this section. The court shall fix the fine as follows: 

(1) For aggravated murder, not more than one hundred thousand dollars; 

(2) For murder, not more than fifty thousand dollars; 

(3) For a felony of the first degree, not more than twenty-five thousand dollars; 

(4) For a felony of the second degree, not more than twenty thousand dollars; 

(5) For a felony of the third degree, not more than fifteen thousand dollars; 

(6) For a felony of the fourth degree, not more than ten thousand dollars; 

(7) For a felony of the fifth degree, not more than seventy-five hundred dollars; 

(8) For a misdemeanor of the first degree, not more than five thousand dollars; 

(9) For a misdemeanor of the second degree, not more than four thousand dollars; 

(10) For a misdemeanor of the third degree, not more than three thousand dollars; 

(11) For a misdemeanor of the fourth degree, not more than two thousand dollars; 

(12) For a minor misdemeanor, not more than one thousand dollars; 

(13) For a felony not specifically classified, not more than ten thousand dollars; 

(14) For a misdemeanor not specifically classified, not more than two thousand dollars; 

(15) For a minor misdemeanor not specifically classified, not more than one thousand dollars. 

(B)  When an organization is convicted of an offense that is not specifically classified, and the section defining the offense or penalty plainly indicates a purpose to impose the penalty provided for violation upon organizations, then the penalty so provided shall be imposed in lieu of the penalty provided in this section. 

(C)  When an organization is convicted of an offense that is not specifically classified, and the penalty provided includes a higher fine than the fine that is provided in this section, then the penalty imposed shall be pursuant to the penalty provided for the violation of the section defining the offense. 

(D)  This section does not prevent the imposition of available civil sanctions against an organization convicted of an offense pursuant to section 2901.23 of the Revised Code, either in addition to or in lieu of a fine imposed pursuant to this section. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 139 v S 199 (Eff 7-1-83); 146 v S 2. Eff 7-1-96; 149 v H 490, § 1, eff. 1-1-04.
 

The effective date is set by section 4 of HB 490. 

See provisions, § 5 of SB 2 (146 v  - ) as amended by § 3 of SB 269 (146 v  - ) following RC § 2929.03. 

 

Effect of Amendments

H.B. 490, Acts 2002, effective January 1, 2004, substituted "2929.24 to 2929.28" for "2929.21" in the introductory paragraph of (A). 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

Under the criminal code, an organization such as a corporation, partnership, or joint venture can be convicted of any offense under certain circumstances (See, section 2901.23). Since an organization cannot be jailed, this section provides a separate schedule of fines to be applied in such cases. If the section defining a particular offense does not follow the penalty scheme in the new criminal code, and plainly intends that the penalty stated in that section must apply, then such penalty must be used instead of the penalty in this section. Also, if any such section provides for a higher fine than in this section, the higher fine applies even though the section defining the offense does not plainly intend its penalty to apply to organizations. Fines for organizations are as follows: 
  
Organizational Penalties
Offense                                Maximum Fine
Aggravated Murder                      $100,000
Murder                                 $ 50,000
Felony 1                               $ 25,000
Felony 2                               $ 20,000
Felony 3                               $ 15,000
Felony 4                               $ 10,000
Misdemeanor 1                          $  5,000
Misdemeanor 2                          $  4,000
Misdemeanor 3                          $  3,000
Misdemeanor 4                          $  2,000
Minor misdemeanor                      $  1,000
Unclassified felony                    $ 10,000
Unclassified misdemeanor               $  2,000
Unclassified minor misdemeanor         $  1,000