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Code · U.S. Code · Title 18 - CRIMES AND CRIMINAL PROCEDURE · CHAPTER 227— SENTENCES · SUBCHAPTER B— PROBATION · § 3561

§ 3561. Sentence of probation

585 words·~3 min read·/usc/title-18/section-3561

A 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.)
Connections21 cite this · traces to 3
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
Citation graph
cites case law
§ 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
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