501.14 OFFENSES; PENALTY; CONSIDERATIONS.

   (a)    In determining whether to impose imprisonment or a fine, or both, for misdemeanor, and in determining the term of imprisonment and the amount and method of payment of a fine, the court shall consider the risk that the offender will commit another offense and the need for protecting the public therefrom, the nature and circumstances of the offense, the history, character and condition of the offender and his need for correctional or rehabilative treatment, and the ability and resources of the offender and the nature of the burden that payment of a fine will impose on him.

   (b)    If the offender is a repeat or dangerous offender, it does not control the court's discretion, but shall be considered in favor of imposing a longer term of imprisonment for misdemeanor.

   (c)    The following do not control the court's discretion, but shall be considered against imposing imprisonment for misdemeanor:

      (1)    The offense neither caused nor threatened serious physical harm to persons or property; or the offender did not contemplate that it would do so;

      (2)    The offense was the result of circumstances unlikely to recur;

      (3)    The victim of the offense induced or facilitated it,

      (4)    There are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;

      (5)    The offender acted under strong provocation;

      (6)    The offender has no history of prior delinquency or criminal activity, or has led a law abiding life for a substantial time before commission of the present offense;

      (7)    If the offender is likely to respond quickly to correctional or rehabilitative treatment.

   (d)   The criteria listed in subsections (b) and (c) hereof shall not be construed to limit the matters which may be considered in determining whether to impose imprisonment for misdemeanor.

   (e)    The court should consider the following factors when deciding to impose a fine in addition to imprisonment for a misdemeanor:

      (1)   Whether the fine is specially adapted to deterrence of the offense or the correction of the offender;

      (2)   Whether the offense has proximately resulted in physical harm to the person or property of another and/or

      (3)   Whether the offense was committed for hire or for purpose of gain.

   (f)   The court should consider not imposing a fine or fines which, in the aggregated to the extent not suspended by the court, exceeds the amount which the offender is or will be able to pay by the method and within the time allowed without undue hardship to himself or his dependents, or will prevent him or her from making restitution or reparation to the victim of the offense.

   (g)   The criteria listed in subsections (c) and (f) hereof shall not be construed to limit the matters which may be considered in determining whether to impose fines for misdemeanors.