§ 3561. Sentence of probation
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/usc/title-18/section-3561A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In General.— A defendant who has been found guilty of an offense may be sentenced to a term of probation unless—
(1)the offense is a Class A or Class B felony and the defendant is an individual;
(2)the offense is an offense for which probation has been expressly precluded; or
(3)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.
(b)Domestic Violence Offenders.— 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.
(c)Authorized Terms.— The authorized terms of probation are—
(1)for a felony, not less than one nor more than five years;
(2)for a misdemeanor, not more than five years; and
(3)for an infraction, not more than one year.
(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.)
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- Rules and RegulationsInterim rule with request for comments
- Rules and RegulationsInterim rule with request for comments
- NoticesNotice and request for public comment and hearing
- Rules and RegulationsFinal rule
- Presidential DocumentsNotice of submission to Congress of amendments to the sentencing guidelines effective November 1, 2025, and request for comment
- NoticesNotice of (1) submission to Congress of amendments to the sentencing guidelines effective November 1, 2014; and (2) request for comment
- Proposed RulesNotice of proposed rulemaking
- Proposed RulesProposed rule
- NoticesNotice and request for public comment and hearing
- Presidential DocumentsNotice of submission to Congress of amendments to the sentencing guidelines effective November 1, 2010
19 references not yet in our index
- Pub. L. 98–473, title II, § 212(a)(2)
- 98 Stat. 1992
- Pub. L. 99–646, § 10(a)
- 100 Stat. 3593
- Pub. L. 100–182, § 7
- 101 Stat. 1267
- Pub. L. 103–322, title XXVIII, § 280004
- 108 Stat. 2096
- Pub. L. 104–294, title VI, § 604(c)(1)
- 110 Stat. 3509
- Pub. L. 104–294
- Pub. L. 103–322, § 280004
- Pub. L. 103–322, § 320921(a)
- Pub. L. 100–182
- Pub. L. 99–646
- section 604(d) of Pub. L. 104–294
- section 26 of Pub. L. 100–182
- Pub. L. 99–646, § 10(b)
- section 235(a)(1) of Pub. L. 98–473
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§ 3561
Sentence of probation
Fed. Reg.×17
Stat.×3
C.F.R.×1
Pub. L.Pub. L. 98–473, title II, § 212(a)(2)
Stat.98 Stat. 1992
Pub. L.Pub. L. 99–646, § 10(a)
Stat.100 Stat. 3593
Pub. L.Pub. L. 100–182, § 7
Cites 22 · showing 8Cited by 21 across 3 sources