18 U.S. Code § 3561 - Sentence of probation
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(a) In General.— A defendant who has been found guilty of an offense may be sentenced to a term of probation unless—
(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.
Source(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.)
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.”
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–294effective Sept. 13, 1994, see section 604(d) ofPub. L. 104–294, set out as a note under section 13 of this title.
Effective Date of 1987 Amendment
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].”
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