(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
For a prior section
3561, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section
3551 of this title.
1996—Subsec. (b). Pub. L. 104–294struck out “or any relative defendant, child, or former child of the defendant,” before “or any other relative of the defendant”.
1994—Subsec. (a)(3). Pub. L. 103–322, § 280004, inserted before period at end “that is not a petty offense”.
Subsecs. (b), (c). Pub. L. 103–322, § 320921(a), added subsec. (b) and redesignated former subsec. (b) as (c).
1987—Subsec. (a)(1). Pub. L. 100–182inserted “and the defendant is an individual” after “Class B felony”.
1986—Subsec. (a). Pub. L. 99–646struck out at end “The liability of a defendant for any unexecuted fine or other punishment imposed as to which probation is granted shall be fully discharged by the fulfillment of the terms and conditions of probation.”
Amendment by Pub. L. 100–182applicable with respect to offenses committed after Dec. 7, 1987, see section 26 ofPub. L. 100–182, set out as a note under section
3006A of this title.
Effective Date of 1986 Amendment
Pub. L. 99–646, § 10(b),Nov. 10, 1986, 100 Stat. 3593, provided that: “The amendment made by this section [amending this section] shall take effect on the date of the taking effect of such section
3561(a) [Nov. 1, 1987].”
Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) ofPub. L. 98–473, set out as a note under section
3551 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.