US Code

Public Law 119-73 (01/23/2026)

18 U.S.C. § 3561

Sentence of probation

(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.

Pub. L. 98–473, title II, § 212(a)(2)98 Stat. 1992Pub. L. 99–646, § 10(a)100 Stat. 3593Pub. L. 100–182, § 7101 Stat. 1267Pub. L. 103–322, title XXVIII, § 280004108 Stat. 2096Pub. L. 104–294, title VI, § 604(c)(1)110 Stat. 3509(Added , , ; amended , , ; , , ; , title XXXII, § 320921(a), , , 2130; , , .)

Editorial Notes

Prior Provisions

section 3551 of this titleFor a prior section 3561, applicable to offenses committed prior to , see note set out preceding .

Amendments

Pub. L. 104–2941996—Subsec. (b). struck out “or any relative defendant, child, or former child of the defendant,” before “or any other relative of the defendant”.

Pub. L. 103–322, § 2800041994—Subsec. (a)(3). , inserted before period at end “that is not a petty offense”.

Pub. L. 103–322, § 320921(a)Subsecs. (b), (c). , added subsec. (b) and redesignated former subsec. (b) as (c).

Pub. L. 100–1821987—Subsec. (a)(1). inserted “and the defendant is an individual” after “Class B felony”.

Pub. L. 99–6461986—Subsec. (a). struck 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.”

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–294section 604(d) of Pub. L. 104–294section 13 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1987 Amendment

Pub. L. 100–182section 26 of Pub. L. 100–182section 3006A of this titleAmendment by applicable with respect to offenses committed after , see , set out as a note under .

Effective Date of 1986 Amendment

Pub. L. 99–646, § 10(b)100 Stat. 3593

“The amendment made by this section [amending this section] shall take effect on the date of the taking effect of such section 3561(a) [].”
, , , provided that:

Effective Date

section 235(a)(1) of Pub. L. 98–473section 3551 of this titleSection effective , and applicable only to offenses committed after the taking effect of this section, see , set out as a note under .