Criminal Law

Table of Contents

TABLE OF CONTENTS

CHAPTER ONE - Authority and General Application Principles

Part A-Authority

Part B-General Application Principles

CHAPTER TWO - Offense Conduct

Part A-Offenses Against the Person

1. Homicide

2. Assault

3. Criminal Sexual Abuse

4. Kidnapping, Abduction, or Unlawful Restraint

5. Air Piracy and Offenses Against Mass Transportation Systems

6. Threatening or Harassing Communications, Stalking, and Domestic Violence

Part B-Basic Economic Offenses

1. Theft, Embezzlement, Receipt of Stolen Property, Property Destruction, and Offenses Involving Fraud or Deceit

2. Burglary and Trespass

3. Robbery, Extortion, and Blackmail

4. Commercial Bribery and Kickbacks

5. Counterfeiting and Infringement of Copyright or Trademark

6. Motor Vehicle Identification Numbers

Part C-Offenses Involving Public Officials and Violations of Federal Election Campaign Laws

Part D-Offenses Involving Drugs

1. Unlawful Manufacturing, Importing, Exporting, Trafficking, or Possession; Continuing Criminal Enterprise

2. Unlawful Possession

3. Regulatory Violations

Part E-Offenses Involving Criminal Enterprises and Racketeering

1. Racketeering

2. Extortionate Extension of Credit

3. Gambling

4. Trafficking in Contraband Cigarettes

5. Labor Racketeering

Part F-[Deleted]

Part G-Offenses Involving Commercial Sex Acts, Sexual Exploitation of Minors, and Obscenity

1. Promoting A Commercial Sex Act or Prohibited Sexual Conduct

2. Sexual Exploitation of a Minor

3. Obscenity

Part H-Offenses Involving Individual Rights

1. Civil Rights

2. Political Rights

3. Privacy and Eavesdropping

4. Peonage, Involuntary Servitude, and Slave Trade

Part I-[Not Used]

Part J-Offenses Involving the Administration of Justice

Part K-Offenses Involving Public Safety

1. Explosives and Arson

2. Firearms

3. Mailing Injurious Articles

Part L-Offenses Involving Immigration, Naturalization, and Passports

1. Immigration

2. Naturalization and Passports

Part M-Offenses Involving National Defense and Weapons of Mass Destruction

1. Treason

2. Sabotage

3. Espionage and Related Offenses

4. Evasion of Military Service

5. Prohibited Financial Transactions and Exports, and Providing Material Support to Designated Foreign Terrorist Organizations

6. Nuclear, Biological, and Chemical Weapons and Materials, and Other Weapons of Mass Destruction

Part N-Offenses Involving Food, Drugs, Agricultural Products, and Odometer Laws

1. Tampering with Consumer Products

2. Food, Drugs, and Agricultural Products

3. Odometer Laws and Regulations

Part O-[Not Used]

Part P-Offenses Involving Prisons and Correctional Facilities

Part Q-Offenses Involving the Environment

1. Environment

2. Conservation and Wildlife

Part R-Antitrust Offenses

Part S-Money Laundering and Monetary Transaction Reporting

Part T-Offenses Involving Taxation

1. Income Taxes, Employment Taxes, Estate Taxes, Gift Taxes, and Excise Taxes (Other Than Alcohol, Tobacco, and Customs Taxes)

2. Alcohol and Tobacco Taxes

3. Customs Taxes

4. Tax Table

Part U-[Not Used]

Part V-[Not Used]

Part W-[Not Used]

Part X-Other Offenses

1. Conspiracies, Attempts, Solicitations

2. Aiding and Abetting

3. Accessory After the Fact

4. Misprision of Felony

5. All Other Offenses

6. Offenses Involving Use of a Minor in a Crime of Violence

Part Y-[Not Used]

Part Z-[Not Used]

CHAPTER THREE - Adjustments

Part A-Victim-Related Adjustments

Part B-Role in the Offense

Part C-Obstruction

Part D-Multiple Counts

Part E-Acceptance of Responsibility

CHAPTER FOUR - Criminal History and Criminal Livelihood

Part A-Criminal History

Part B-Career Offenders and Criminal Livelihood

CHAPTER FIVE - Determining the Sentence

Part A-Sentencing Table

Part B-Probation

Part C-Imprisonment

Part D-Supervised Release

Part E-Restitution, Fines, Assessments, Forfeitures

Part F-Sentencing Options

Part G-Implementing the Total Sentence of Imprisonment

Part H-Specific Offender Characteristics

Part I-[Not Used]

Part J-Relief From Disability

Part K-Departures

1. Substantial Assistance to Authorities

2. Other Grounds for Departure

3. Early Disposition Programs

CHAPTER SIX - Sentencing Procedures and Plea Agreements

Part A-Sentencing Procedures

Part B-Plea Agreements

CHAPTER SEVEN - Violations of Probation and Supervised Release

Part A-Introduction to Chapter Seven

1. Authority

2. Background

3. Resolution of Major Issues

4. The Basic Approach

5. A Concluding Note

Part B-Probation and Supervised Release Violations

CHAPTER EIGHT - Sentencing of Organizations

Part A-General Application Principles

Part B-Remedying Harm from Criminal Conduct, and Effective Compliance and Ethics Program

1. Remedying Harm from Criminal Conduct

2. Effective Compliance and Ethics Program

Part C-Fines

1. Determining the Fine - Criminal Purpose Organizations

2. Determining the Fine - Other Organizations

3. Implementing the Sentence of a Fine

4. Departures from the Guideline Fine Range

Part D-Organizational Probation

Part E-Special Assessments, Forfeitures, and Costs

Part F-Violations of Probation - Organizations

APPENDIX A -Statutory Index

APPENDIX B -Selected Sentencing Statutes