Statutes and regulations

Order of Notice to Victims

U.S.S.G. § 5F1.4 · Federal · Guidelines

U.S. Sentencing Guidelines › Order of Notice to Victims

The court may order the defendant to pay the cost of giving notice to victims pursuant to 18 U.S.C. § 3555. … If an order of notice to victims is under consideration, the court must notify the government and the defendant. 18 U.S.C. § 3553(d).

Conditions of Probation

U.S.S.G. § 5B1.3 · Federal · Guidelines

U.S. Sentencing Guidelines › Conditions of Probation

U.S.C. § 3563(b) (see 18 U.S.C. § 3563(a)(2)). (3) For any offense, the defendant shall not unlawfully possess a controlled substance (see 18 U.S.C. § 3563(a)). (4) For a domestic violence crime as defined … U.S.C. § 3553(a) (see 18 U.S.C. § 3563(b)).

Child Exploitation Enterprises

U.S.S.G. § 2G2.6 · Federal · Guidelines

U.S. Sentencing Guidelines › Child Exploitation Enterprises

Commentary Statutory Provision: 18 U.S.C. § 2252A(g). Application Notes: 1. Definitions.—For purposes of this guideline: “Computer” has the meaning given that term in 18 U.S.C. § 1030(e)(1). … —For purposes of subsection (b)(3), “conduct described in 18 U.S.C. § 2241(a) or (b)” is: (i) using force against the minor; (ii) threatening or placing the minor in fear that any person will be subject

Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact

U.S.S.G. § 2A3.4 · Federal · Guidelines

U.S. Sentencing Guidelines › Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact

(a) Base Offense Level: (1) 20, if the offense involved conduct described in 18 U.S.C. § 2241(a) or (b); (2) 16, if the offense involved conduct described in 18 U.S.C. § 2242; or (3) 12, otherwise. … —For purposes of this guideline: “Computer” has the meaning given that term in 18 U.S.C. § 1030(e)(1).

Term of Imprisonment—Probation (Policy Statement)

U.S.S.G. § 7B1.4 · Federal · Guidelines

U.S. Sentencing Guidelines › Term of Imprisonment—Probation (Policy Statement)

U.S.C. § 3565(b). 18 U.S.C. § 3563(a) e that includes a term of imprisonment. 18 U.S.C. § 3565(b). 3. … U.S.C. § 3565(b). 18 U.S.C. § 3563(a).

Crime Victims’ Rights (Policy Statement)

U.S.S.G. § 6A1.5 · Federal · Guidelines

U.S. Sentencing Guidelines › Crime Victims’ Rights (Policy Statement)

In any case involving the sentencing of a defendant for an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in 18 U.S.C. § 3771 and in any other … —For purposes of this policy statement, “crime victim” has the meaning given that term in 18 U.S.C. § 3771(e). Historical Note Effective November 1, 2006 (amendment 694).

Classification of Violations (Policy Statement)

U.S.S.G. § 7B1.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Classification of Violations (Policy Statement)

generally constitute a Grade B violation, because 18 U.S.C. § 922(g) prohibits a convicted felon from possessing a firearm. … The term “generally” is used in the preceding sentence, however, because there are certain limited exceptions to the applicability of 18 U.S.C. § 922(g). See, e.g., 18 U.S.C. § 925(c).

Transmitting National Defense Information; Disclosure of Classified Cryptographic Information; Unauthorized Disclosure to a Foreign Government or a Communist Organization of Classified Information by Government Employee; Unauthorized Receipt of Classified Information

U.S.S.G. § 2M3.3 · Federal · Guidelines

U.S. Sentencing Guidelines › Transmitting National Defense Information; Disclosure of Classified Cryptographic Information; Unauthorized Disclosure to a Foreign Government or a Communist Organization of Classified Information by Government Employee; Unauthorized Receipt of Classified Information

Commentary Statutory Provisions: 18 U.S.C. §§ 793(d), (e), (g), 798; 50 U.S.C. § 783. Application Notes: 1. See Commentary to §2M3.1. 2. … U.S.C. § 793(d) or (e).

Conditions of Probation ― Organizations

U.S.S.G. § 8D1.3 · Federal · Guidelines

U.S. Sentencing Guidelines › Conditions of Probation ― Organizations

(a) Pursuant to 18 U.S.C. § 3563(a)(1), any sentence of probation shall include the condition that the organization not commit another federal, state, or local crime during the term of probation. … U.S.C. § 3563(b).

Promoting a Commercial Sex Act or Prohibited Sexual Conduct with an Individual Other than a Minor

U.S.S.G. § 2G1.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Promoting a Commercial Sex Act or Prohibited Sexual Conduct with an Individual Other than a Minor

(c) Cross Reference (1) If the offense involved conduct described in 18 U.S.C. § 2241(a) or (b) or 18 U.S.C. § 2242, apply §2A3.1 (Criminal Sexual Abuse; Attempt to Commit Criminal Sexual Abuse). … (B) Conduct Described in 18 U.S.C. § 2242.

No Credit for Time Under Supervision (Policy Statement)

U.S.S.G. § 7C1.6 · Federal · Guidelines

U.S. Sentencing Guidelines › No Credit for Time Under Supervision (Policy Statement)

See 18 U.S.C. § 3583(e)(3). … (b) Provided, that in the case of a person serving a period of supervised release on a foreign sentence under the provisions of 18 U.S.C. § 4106A, credit shall be given for time on supervision prior to

Blackmail and Similar Forms of Extortion

U.S.S.G. § 2B3.3 · Federal · Guidelines

U.S. Sentencing Guidelines › Blackmail and Similar Forms of Extortion

“Blackmail” (18 U.S.C. § 873) is defined as a threat to disclose a violation of United States law unless money or some other item of value is given. … Background: Under 18 U.S.C. § 873, the maximum term of imprisonment authorized for blackmail is one year.

Demanding or Receiving Ransom Money

U.S.S.G. § 2A4.2 · Federal · Guidelines

U.S. Sentencing Guidelines › Demanding or Receiving Ransom Money

Commentary Statutory Provisions: 18 U.S.C. §§ 876(a), 877, 1202. For additional statutory provision(s), see Appendix A (Statutory Index). Application Note: 1. … Background: This section specifically includes conduct prohibited by 18 U.S.C. § 1202, requiring that ransom money be received, possessed, or disposed of with knowledge of its criminal origins.

Altering or Removing Motor Vehicle Identification Numbers, or Trafficking in Motor Vehicles or Parts with Altered or Obliterated Identification Numbers

U.S.S.G. § 2B6.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Altering or Removing Motor Vehicle Identification Numbers, or Trafficking in Motor Vehicles or Parts with Altered or Obliterated Identification Numbers

Violations of 18 U.S.C. § 511 carry a maximum of five years imprisonment. Violations of 18 U.S.C. §§ 553(a)(2) and 2321 carry a maximum of ten years imprisonment. … Violations of 18 U.S.C. § 511 carry a maximum of five years imprisonment. Violations of 18 U.S.C. §§ 553(a)(2) and 2321 carry a maximum of ten years imprisonment.

Conditions of Supervised Release

U.S.S.G. § 5D1.3 · Federal · Guidelines

U.S. Sentencing Guidelines › Conditions of Supervised Release

18 U.S.C. § 3583(d)). (3) The defendant who is convicted for a domestic violence crime as defined in 18 U.S.C. § 3561(b) for the first time shall attend a public, private, or private non-profit offender … with 18 U.S.C. § 3013.

Unlawful Receipt, Possession, or Transportation of Explosive Materials; Prohibited Transactions Involving Explosive Materials

U.S.S.G. § 2K1.3 · Federal · Guidelines

U.S. Sentencing Guidelines › Unlawful Receipt, Possession, or Transportation of Explosive Materials; Prohibited Transactions Involving Explosive Materials

Commentary Statutory Provisions: 18 U.S.C. §§ 842(a)–(e), (h), (i), (l)–(o), (p)(2), 844(d), (g), 1716, 2283; 26 U.S.C. § 5685. Application Notes: 1. … See 18 U.S.C. § 841(c). “Explosives” is defined at 18 U.S.C. § 844(j). A destructive device, defined in the Commentary to §1B1.1 (Application Instructions), may contain explosive materials.

Laundering of Monetary Instruments; Engaging in Monetary Transactions in Property Derived from Unlawful Activity

U.S.S.G. § 2S1.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Laundering of Monetary Instruments; Engaging in Monetary Transactions in Property Derived from Unlawful Activity

(B) If the defendant was convicted under 18 U.S.C. § 1956, increase by 2 levels. … Commentary Statutory Provisions: 18 U.S.C. §§ 1956, 1957, 1960 (but only with respect to unlicensed money transmitting businesses as defined in 18 U.S.C. § 1960(b)(1)(C)).

Occupational Restrictions

U.S.S.G. § 5F1.5 · Federal · Guidelines

U.S. Sentencing Guidelines › Occupational Restrictions

Commentary Background: The Comprehensive Crime Control Act authorizes the imposition of occupational restrictions as a condition of probation, 18 U.S.C. § 3563(b)(5), or supervised release, 18 U.S.C. § … See 18 U.S.C. § 3742(a)(3). The government may appeal if the sentence includes a less limiting condition of probation than the minimum established in the guideline. See 18 U.S.C. § 3742(b)(3).

Sexually Exploiting a Minor by Production of Sexually Explicit Visual or Printed Material; Custodian Permitting Minor to Engage in Sexually Explicit Conduct; Advertisement for Minors to Engage in Production

U.S.S.G. § 2G2.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Sexually Exploiting a Minor by Production of Sexually Explicit Visual or Printed Material; Custodian Permitting Minor to Engage in Sexually Explicit Conduct; Advertisement for Minors to Engage in Production

“Material” includes a visual depiction, as defined in 18 U.S.C. § 2256. … “Sexual act” has the meaning given that term in 18 U.S.C. § 2246(2). “Sexual contact” has the meaning given that term in 18 U.S.C. § 2246(3). 3. Application of Subsection (b)(3).

Interference with Flight Crew Member or Flight Attendant; Interference with Dispatch, Navigation, Operation, or Maintenance of Mass Transportation Vehicle; Unsafe Operation of Unmanned Aircraft

U.S.S.G. § 2A5.2 · Federal · Guidelines

U.S. Sentencing Guidelines › Interference with Flight Crew Member or Flight Attendant; Interference with Dispatch, Navigation, Operation, or Maintenance of Mass Transportation Vehicle; Unsafe Operation of Unmanned Aircraft

Commentary Statutory Provisions: 18 U.S.C. §§ 39B, 1992(a)(1), (a)(4), (a)(5), (a)(6); 49 U.S.C. §§ 46308, 46503, 46504 (formerly 49 U.S.C. § 1472(c), (j)). … Commentary Statutory Provisions: 18 U.S.C. §§ 39B, 1992(a)(1), (a)(4), (a)(5), (a)(6); 49 U.S.C. §§ 46308, 46503, 46504 (formerly 49 U.S.C. § 1472(c), (j)).