§706-621 Factors to be considered in imposing a term of probation. The court, in determining whether to impose a term of probation, shall consider: (1) The factors set forth in section 706-606 to the extent that they are applicable; (2) The following factors, to be accorded weight in favor of withholding a sentence of imprisonment: (a) The defendant's criminal conduct neither caused nor threatened serious harm; (b) The defendant acted under a strong provocation; (c) There were substantial grounds tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense; (d) The victim of the defendant's criminal conduct induced or facilitated its commission; (e) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime; (f) The defendant's criminal conduct was the result of circumstances unlikely to recur; (g) The character and attitudes of the defendant indicate that the defendant is unlikely to commit another crime; (h) The defendant is particularly likely to respond affirmatively to a program of restitution or a probationary program or both; (i) The imprisonment of the defendant would entail excessive hardship to the defendant or the defendant's dependents; and (j) The expedited sentencing program set forth in section 706-606.3, if the defendant has qualified for that sentencing program. [L 1972, c 9, pt of §1; am L 1980, c 165, §1; am L 1986, c 314, §22; gen ch 1992; am L 1993, c 316, §§2, 6; am L 1995, c 157, §1; am L 2001, c 127, §3]
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