18 U.S.C. § 3561 — Sentence of probation
submitted 42 years ago by Pub. L. 98-473 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 214 words · no verdicts yet
A defendant may generally receive probation, subject to exclusions for certain felonies, expressly excluded offenses, or another non-petty-offense prison term. A first-time domestic-violence offender who is not imprisoned must receive probation, and the section sets maximum or minimum terms.
(a) In general. A convicted defendant may receive probation unless (1) an individual committed a Class A or B felony; (2) probation is expressly barred for the offense; or (3) the defendant is also sentenced to imprisonment for the same or another offense that is not petty. (b) Domestic-violence offenders. A defendant convicted for the first time of a domestic-violence crime must receive probation if not imprisoned. “Domestic violence crime” means a crime of violence prosecutable in a United States court in which the victim or intended victim is the defendant's spouse, former spouse, intimate partner, former intimate partner, child, former child, or another relative. (c) Authorized terms. Probation may last (1) one to five years for a felony; (2) up to five years for a misdemeanor; or (3) up to one year for an infraction.
A defendant who has been found guilty of an offense may be sentenced to a term of probation unless—
the offense is a Class A or Class B felony and the defendant is an individual;
the offense is an offense for which probation has been expressly precluded; or
the defendant is sentenced at the same time to a term of imprisonment for the same or a different offense that is not a petty offense*.
A defendant who has been convicted for the first time of a domestic violence crime shall be sentenced to a term of probation if not sentenced to a term of imprisonment. The term “domestic violence crime” means a crime of violence for which the defendant may be prosecuted in a court of the United States* in which the victim or intended victim is the spouse, former spouse, intimate partner, former intimate partner, child, or former child of the defendant, or any other relative of the defendant.
The authorized terms of probation are—
for a felony, not less than one nor more than five years;
for a misdemeanor, not more than five years; and
for an infraction, not more than one year.
Source credit: (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1992; amended Pub. L. 99–646, § 10(a), Nov. 10, 1986, 100 Stat. 3593; Pub. L. 100–182, § 7, Dec. 7, 1987, 101 Stat. 1267; Pub. L. 103–322, title XXVIII, § 280004, title XXXII, § 320921(a), Sept. 13, 1994, 108 Stat. 2096, 2130; Pub. L. 104–294, title VI, § 604(c)(1), Oct. 11, 1996, 110 Stat. 3509.)
- 1984Enacted · Pub. L. 98-473 · 98 Stat. 1992
- 1986Amended · Pub. L. 99-646 · 100 Stat. 3593
- 1987Amended · Pub. L. 100-182 · 101 Stat. 1267
- 1994Amended · Pub. L. 103-322 · 108 Stat. 2096, 2130
- 1996Amended · Pub. L. 104-294 · 110 Stat. 3509
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-473 on 1984-10-12.
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