18 U.S.C. § 3559 — Sentencing classification of offenses

Page 803 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3559 and may order restitution in accordance with section 3663. The procedures under section 3664 shall apply to all orders of restitution under this section’’ for ‘‘sec- tions 3663 and 3664’’. 1986—Pub. L. 99–646 substituted ‘‘may order restitu- tion in accordance with sections 3663 and 3664’’ for ‘‘under this title, or an offense under section 902(h), (i), (j), or (n) of the Federal Aviation Act of 1958 (49 U.S.C. 1472), may order, in addition to the sentence that is im- posed pursuant to the provisions of section 3551, that the defendant make restitution to any victim of the of- fense in accordance with the provisions of sections 3663 and 3664’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–132 to be effective, to ex- tent constitutionally permissible, for sentencing pro- ceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–646, § 20(c), Nov. 10, 1986, 100 Stat. 3596, pro- vided that: ‘‘The amendments made by this section [amending this section and section 3663 of this title] shall take effect on the date of the taking effect of sec- tion 212(a)(2) of the Sentencing Reform Act of 1984 [sec- tion 212(a)(2) of Pub. L. 98–473, effective Nov. 1, 1987].’’ EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3557. Review of a sentence The review of a sentence imposed pursuant to section 3551 is governed by the provisions of sec- tion 3742. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1991.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3558. Implementation of a sentence The implementation of a sentence imposed pursuant to section 3551 is governed by the pro- visions of chapter 229. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1991.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3559. Sentencing classification of offenses (a) CLASSIFICATION.—An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is— (1) life imprisonment, or if the maximum penalty is death, as a Class A felony; (2) twenty-five years or more, as a Class B felony; (3) less than twenty-five years but ten or more years, as a Class C felony; (4) less than ten years but five or more years, as a Class D felony; (5) less than five years but more than one year, as a Class E felony; (6) one year or less but more than six months, as a Class A misdemeanor; (7) six months or less but more than thirty days, as a Class B misdemeanor; (8) thirty days or less but more than five days, as a Class C misdemeanor; or (9) five days or less, or if no imprisonment is authorized, as an infraction. (b) EFFECT OF CLASSIFICATION.—Except as pro- vided in subsection (c), an offense classified under subsection (a) carries all the incidents as- signed to the applicable letter designation, ex- cept that the maximum term of imprisonment is the term authorized by the law describing the offense. (c) IMPRISONMENT OF CERTAIN VIOLENT FEL- ONS.— (1) MANDATORY LIFE IMPRISONMENT.—Not- withstanding any other provision of law, a per- son who is convicted in a court of the United States of a serious violent felony shall be sen- tenced to life imprisonment if— (A) the person has been convicted (and those convictions have become final) on sep- arate prior occasions in a court of the United States or of a State of— (i) 2 or more serious violent felonies; or (ii) one or more serious violent felonies and one or more serious drug offenses; and (B) each serious violent felony or serious drug offense used as a basis for sentencing under this subsection, other than the first, was committed after the defendant’s convic- tion of the preceding serious violent felony or serious drug offense. (2) DEFINITIONS.—For purposes of this sub- section— (A) the term ‘‘assault with intent to com- mit rape’’ means an offense that has as its elements engaging in physical contact with another person or using or brandishing a weapon against another person with intent to commit aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242); (B) the term ‘‘arson’’ means an offense that has as its elements maliciously dam- aging or destroying any building, inhabited structure, vehicle, vessel, or real property by means of fire or an explosive; (C) the term ‘‘extortion’’ means an offense that has as its elements the extraction of anything of value from another person by threatening or placing that person in fear of injury to any person or kidnapping of any person; (D) the term ‘‘firearms use’’ means an of- fense that has as its elements those de- scribed in section 924(c) or 929(a), if the fire- arm was brandished, discharged, or other- wise used as a weapon and the crime of vio- lence or drug trafficking crime during and relation to which the firearm was used was Page 804 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3559 subject to prosecution in a court of the United States or a court of a State, or both; (E) the term ‘‘kidnapping’’ means an of- fense that has as its elements the abduction, restraining, confining, or carrying away of another person by force or threat of force; (F) the term ‘‘serious violent felony’’ means— (i) a Federal or State offense, by what- ever designation and wherever committed, consisting of murder (as described in sec- tion 1111); manslaughter other than invol- untary manslaughter (as described in sec- tion 1112); assault with intent to commit murder (as described in section 113(a)); as- sault with intent to commit rape; aggra- vated sexual abuse and sexual abuse (as de- scribed in sections 2241 and 2242); abusive sexual contact (as described in sections 2244(a)(1) and (a)(2)); kidnapping; aircraft piracy (as described in section 46502 of Title 49); robbery (as described in section 2111, 2113, or 2118); carjacking (as described in section 2119); extortion; arson; firearms use; firearms possession (as described in section 924(c)); or attempt, conspiracy, or solicitation to commit any of the above of- fenses; and (ii) any other offense punishable by a maximum term of imprisonment of 10 years or more that has as an element the use, attempted use, or threatened use of physical force against the person of an- other or that, by its nature, involves a substantial risk that physical force against the person of another may be used in the course of committing the offense; (G) the term ‘‘State’’ means a State of the United States, the District of Columbia, and a commonwealth, territory, or possession of the United States; and (H) the term ‘‘serious drug offense’’ means— (i) an offense that is punishable under section 401(b)(1)(A) or 408 of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)(A)); or (ii) an offense under State law that, had the offense been prosecuted in a court of the United States, would have been pun- ishable under section 401(b)(1)(A) or 408 of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of the Controlled Substances Import and Ex- port Act (21 U.S.C. 960(b)(1)(A)). (3) NONQUALIFYING FELONIES.— (A) ROBBERY IN CERTAIN CASES.—Robbery, an attempt, conspiracy, or solicitation to commit robbery; or an offense described in paragraph (2)(F)(ii) shall not serve as a basis for sentencing under this subsection if the defendant establishes by clear and con- vincing evidence that— (i) no firearm or other dangerous weapon was used in the offense and no threat of use of a firearm or other dangerous weapon was involved in the offense; and (ii) the offense did not result in death or serious bodily injury (as defined in section 1365) to any person. (B) ARSON IN CERTAIN CASES.—Arson shall not serve as a basis for sentencing under this subsection if the defendant establishes by clear and convincing evidence that— (i) the offense posed no threat to human life; and (ii) the defendant reasonably believed the offense posed no threat to human life. (4) INFORMATION FILED BY UNITED STATES AT- TORNEY.—The provisions of section 411(a) of the Controlled Substances Act (21 U.S.C. 851(a)) shall apply to the imposition of sen- tence under this subsection. (5) RULE OF CONSTRUCTION.—This subsection shall not be construed to preclude imposition of the death penalty. (6) SPECIAL PROVISION FOR INDIAN COUNTRY.— No person subject to the criminal jurisdiction of an Indian tribal government shall be sub- ject to this subsection for any offense for which Federal jurisdiction is solely predicated on Indian country (as defined in section 1151) and which occurs within the boundaries of such Indian country unless the governing body of the tribe has elected that this subsection have effect over land and persons subject to the criminal jurisdiction of the tribe. (7) RESENTENCING UPON OVERTURNING OF PRIOR CONVICTION.—If the conviction for a seri- ous violent felony or serious drug offense that was a basis for sentencing under this sub- section is found, pursuant to any appropriate State or Federal procedure, to be unconstitu- tional or is vitiated on the explicit basis of in- nocence, or if the convicted person is pardoned on the explicit basis of innocence, the person serving a sentence imposed under this sub- section shall be resentenced to any sentence that was available at the time of the original sentencing. (d) DEATH OR IMPRISONMENT FOR CRIMES AGAINST CHILDREN.— (1) IN GENERAL.—Subject to paragraph (2) and notwithstanding any other provision of law, a person who is convicted of a Federal of- fense that is a serious violent felony (as de- fined in subsection (c)) or a violation of sec- tion 2422, 2423, or 2251 shall, unless the sen- tence of death is imposed, be sentenced to im- prisonment for life, if— (A) the victim of the offense has not at- tained the age of 14 years; (B) the victim dies as a result of the of- fense; and (C) the defendant, in the course of the of- fense, engages in conduct described in sec- tion 3591(a)(2). (2) EXCEPTION.—With respect to a person convicted of a Federal offense described in paragraph (1), the court may impose any lesser sentence that is authorized by law to take into account any substantial assistance provided by the defendant in the investigation or pros- ecution of another person who has committed an offense, in accordance with the Federal Sentencing Guidelines and the policy state- ments of the Federal Sentencing Commission pursuant to section 994(p) of title 28, or for other good cause. (e) MANDATORY LIFE IMPRISONMENT FOR RE- PEATED SEX OFFENSES AGAINST CHILDREN.— Page 805 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3559 1 So in original. Probably should be ‘‘in’’. (1) IN GENERAL.—A person who is convicted of a Federal sex offense in which a minor is the victim shall be sentenced to life imprison- ment if the person has a prior sex conviction in which a minor was the victim, unless the sentence of death is imposed. (2) DEFINITIONS.—For the purposes of this subsection— (A) the term ‘‘Federal sex offense’’ means an offense under section 1591 (relating to sex trafficking of children), 2241 (relating to ag- gravated sexual abuse), 2242 (relating to sex- ual abuse), 2244(a)(1) (relating to abusive sex- ual contact), 2245 (relating to sexual abuse resulting in death), 2251 (relating to sexual exploitation of children), 2251A (relating to selling or buying of children), 2422(b) (relat- ing to coercion and enticement of a minor into prostitution), or 2423(a) (relating to transportation of minors); (B) the term ‘‘State or Military sex of- fense’’ means an offense under State law or the Uniform Code of Military Justice that is punishable by more than one year in prison and consists of conduct that would be a Fed- eral sex offense if, to the extent or in the manner specified in the applicable provision of this title— (i) the offense involved interstate or for- eign commerce, or the use of the mails; or (ii) the conduct occurred in any com- monwealth, territory, or possession of the United States, within the special maritime and territorial jurisdiction of the United States, in a Federal prison, on any land or building owned by, leased to, or otherwise used by or under the control of the Gov- ernment of the United States, or in the In- dian country (as defined in section 1151); (C) the term ‘‘prior sex conviction’’ means a conviction for which the sentence was im- posed before the conduct occurred consti- tuting the subsequent Federal sex offense, and which was for a Federal sex offense or a State or Military sex offense; (D) the term ‘‘minor’’ means an individual who has not attained the age of 17 years; and (E) the term ‘‘State’’ has the meaning given that term in subsection (c)(2). (3) NONQUALIFYING FELONIES.—An offense de- scribed in section 2422(b) or 2423(a) shall not serve as a basis for sentencing under this sub- section if the defendant establishes by clear and convincing evidence that— (A) the sexual act or activity was consen- sual and not for the purpose of commercial or pecuniary gain; (B) the sexual act or activity would not be punishable by more than one year in prison under the law of the State in which it oc- curred; or (C) no sexual act or activity occurred. (f) MANDATORY MINIMUM TERMS OF IMPRISON- MENT FOR VIOLENT CRIMES AGAINST CHILDREN.— A person who is convicted of a Federal offense that is a crime of violence against the person of an individual who has not attained the age of 18 years shall, unless a greater mandatory min- imum sentence of imprisonment is otherwise provided by law and regardless of any maximum term of imprisonment otherwise provided for the offense— (1) if the crime of violence is murder, be im- prisoned for life or for any term of years not less than 30, except that such person shall be punished by death or life imprisonment if the circumstances satisfy any of subparagraphs (A) through (D) of section 3591(a)(2) of this title; (2) if the crime of violence is kidnapping (as defined in section 1201) or maiming (as defined in section 114), be imprisoned for life or any term of years not less than 25; and (3) if the crime of violence results in serious bodily injury (as defined in section 1365), or if a dangerous weapon was used during and in re- lation to the crime of violence, be imprisoned for life or for any term of years not less than 10. (g)(1) If a defendant who is convicted of a fel- ony offense (other than offense of which an ele- ment is the false registration of a domain name) knowingly falsely registered a domain name and knowingly used that domain name in the course of that offense, the maximum imprisonment otherwise provided by law for that offense shall be doubled or increased by 7 years, whichever is less. (2) As used in this section— (A) the term ‘‘falsely registers’’ means reg- isters in a manner that prevents the effective identification of or contact with the person who registers; and (B) the term ‘‘domain name’’ has the mean- ing given that term is 1 section 45 of the Act entitled ‘‘An Act to provide for the registra- tion and protection of trademarks used in commerce, to carry out the provisions of cer- tain international conventions, and for other purposes’’ approved July 5, 1946 (commonly re- ferred to as the ‘‘Trademark Act of 1946’’) (15 U.S.C. 1127). (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1991; amended Pub. L. 100–185, § 5, Dec. 11, 1987, 101 Stat. 1279; Pub. L. 100–690, title VII, § 7041, Nov. 18, 1988, 102 Stat. 4399; Pub. L. 103–322, title VII, § 70001, Sept. 13, 1994, 108 Stat. 1982; Pub. L. 105–314, title V, § 501, Oct. 30, 1998, 112 Stat. 2980; Pub. L. 105–386, § 1(b), Nov. 13, 1998, 112 Stat. 3470; Pub. L. 108–21, title I, § 106(a), Apr. 30, 2003, 117 Stat. 654; Pub. L. 108–482, title II, § 204(a), Dec. 23, 2004, 118 Stat. 3917; Pub. L. 109–248, title II, §§ 202, 206(c), July 27, 2006, 120 Stat. 612, 614; Pub. L. 118–159, div. A, title V, § 569(6), Dec. 23, 2024, 138 Stat. 1906.) Editorial Notes AMENDMENTS 2024—Subsec. (e)(2)(B). Pub. L. 118–159, § 569(6)(A), sub- stituted ‘‘State or Military sex offense’’ for ‘‘State sex offense’’ and inserted ‘‘or the Uniform Code of Military Justice’’ after ‘‘State law’’ in introductory provisions. Subsec. (e)(2)(C). Pub. L. 118–159, § 569(6)(B), inserted ‘‘or Military’’ after ‘‘State’’. 2006—Subsec. (e)(2)(A). Pub. L. 109–248, § 206(c), in- serted ‘‘1591 (relating to sex trafficking of children),’’ after ‘‘under section’’. Subsecs. (f), (g). Pub. L. 109–248, § 202, added subsec. (f) and redesignated former subsec. (f) as (g). Page 806 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3561 1 So in original. Probably should not appear. 2004—Subsec. (f). Pub. L. 108–482 added subsec. (f). 2003—Subsec. (e). Pub. L. 108–21 added subsec. (e). 1998—Subsec. (c)(2)(F)(i). Pub. L. 105–386 inserted ‘‘firearms possession (as described in section 924(c));’’ after ‘‘firearms use;’’. Subsec. (d). Pub. L. 105–314 added subsec. (d). 1994—Subsec. (b). Pub. L. 103–322, § 70001(1), sub- stituted ‘‘Except as provided in subsection (c), an’’ for ‘‘An’’. Subsec. (c). Pub. L. 103–322, § 70001(2), added subsec. (c). 1988—Subsec. (a). Pub. L. 100–690, § 7041(a)(1), sub- stituted ‘‘classified if the maximum term of imprison- ment authorized is—’’ for ‘‘classified— ‘‘(1) if the maximum term of imprisonment author- ized is—’’. Subsec. (a)(1) to (9). Pub. L. 100–690, § 7041(a)(2), (b), re- designated subpars. (A) to (I) as pars. (1) to (9), respec- tively, and substituted ‘‘twenty-five’’ for ‘‘twenty’’ in pars. (2) and (3). 1987—Subsec. (b). Pub. L. 100–185 substituted ‘‘, except that the maximum term of imprisonment is the term authorized by the law describing the offense.’’ for ‘‘except that: ‘‘(1) the maximum fine that may be imposed is the fine authorized by the statute describing the offense, or by this chapter, whichever is the greater; and ‘‘(2) the maximum term of imprisonment is the term authorized by the statute describing the of- fense.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. SUBCHAPTER B—PROBATION SUBCHAPTER B—PROBATION 1 Sec. 3561. Sentence of probation. 3562. Imposition of a sentence of probation. 3563. Conditions of probation. 3564. Running of a term of probation. 3565. Revocation of probation. 3566. Implementation of a sentence of probation. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, title XXXIII, § 330010(3), Sept. 13, 1994, 108 Stat. 2143, transferred analysis for this sub- chapter to follow heading for this subchapter. § 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 proba- tion 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 of- fense. (b) DOMESTIC VIOLENCE OFFENDERS.—A defend- ant 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 rel- ative 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.) Editorial Notes PRIOR PROVISIONS For a prior section 3561, applicable to offenses com- mitted prior to Nov. 1, 1987, see note set out preceding section 3551 of this title. AMENDMENTS 1996—Subsec. (b). Pub. L. 104–294 struck out ‘‘or any relative defendant, child, or former child of the defend- ant,’’ 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 sub- sec. (b) and redesignated former subsec. (b) as (c). 1987—Subsec. (a)(1). Pub. L. 100–182 inserted ‘‘and the defendant is an individual’’ after ‘‘Class B felony’’. 1986—Subsec. (a). Pub. L. 99–646 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 Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–182 applicable with re- spect to offenses committed after Dec. 7, 1987, see sec- tion 26 of Pub. L. 100–182, set out as a note under sec- tion 3006A of this title. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–646, § 10(b), Nov. 10, 1986, 100 Stat. 3593, pro- vided 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].’’ EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3562. Imposition of a sentence of probation (a) FACTORS TO BE CONSIDERED IN IMPOSING A TERM OF PROBATION.—The court, in determining