Criminal Law

Burglary and Trespass - Basic Economic Offenses

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November 1, 2005GUIDELINES MANUAL§2B2.1

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2. BURGLARY AND TRESPASS

§2B2.1. Burglary of a Residence or a Structure Other than a Residence

(a) Base Offense Level:

(1) 17, if a residence; or

(2) 12, if a structure other than a residence.

(b) Specific Offense Characteristics

(1) If the offense involved more than minimal planning, increase by 2 levels.

(2) If the loss exceeded $2,500, increase the offense level as follows:

Loss (Apply the Greatest)
Increase in Level

(A) $2,500 or less
no increase

(B) More than $2,500
add 1

(C) More than $10,000
add 2

(D) More than $50,000
add 3

(E) More than $250,000
add 4

(F) More than $800,000
add 5

(G) More than $1,500,000
add 6

(H) More than $2,500,000
add 7

(I) More than $5,000,000
add 8.

(3) If a firearm, destructive device, or controlled substance was taken, or if the taking of such item was an object of the offense, increase by 1 level.

(4) If a dangerous weapon (including a firearm) was possessed, increase by 2 levels.

Commentary

Statutory Provisions: 18 U.S.C. §§ 1153, 2113(a), 2115, 2117, 2118(b). For additional statutory provision(s), see Appendix A (Statutory Index).

Application Notes:

1. "Firearm," "destructive device," and "dangerous weapon" are defined in the Commentary to §1B1.1 (Application Instructions).

2. "Loss" means the value of the property taken, damaged, or destroyed.

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