Criminal Law

Explosives and Arson - Offenses Involving Public Safety

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§2K1.1GUIDELINES MANUALNovember 1, 2005

PART K - OFFENSES INVOLVING PUBLIC SAFETY

1. EXPLOSIVES AND ARSON

§2K1.1. Failure to Report Theft of Explosive Materials; Improper Storage of Explosive Materials

(a) Base Offense Level: 6

Commentary

Statutory Provisions: 18 U.S.C. §§ 842(j), (k), 844(b). For additional statutory provision(s), see Appendix A (Statutory Index).

Background: The above-referenced provisions are misdemeanors. The maximum term of imprisonment authorized by statute is one year.

Historical Note:: Effective November 1, 1987. Amended effective November 1, 1991 (see Appendix C, amendment 404); November 1, 1993 (see Appendix C, amendment 481).

§2K1.2. [Deleted]


Historical Note:: Section 2K1.2 (Improper Storage of Explosive Materials), effective November 1, 1987, amended effective November 1, 1991 (see Appendix C, amendment 404), was deleted by consolidation with §2K1.1 effective November 1, 1993 (see Appendix C, amendment 481).

§2K1.3. Unlawful Receipt, Possession, or Transportation of Explosive Materials; Prohibited Transactions Involving Explosive Materials

(a) Base Offense Level (Apply the greatest):

(1) 24, if the defendant committed any part of the instant offense subsequent to sustaining at least two felony convictions of either a crime of violence or a controlled substance offense;

(2) 20, if the defendant committed any part of the instant offense subsequent to sustaining one felony conviction of either a crime of violence or a controlled substance offense;

(3) 18, if the defendant was convicted under 18 U.S.C. § 842(p)(2);

(4) 16, if the defendant (A) was a prohibited person at the time the defendant committed the instant offense; or (B) knowingly distributed explosive materials to a prohibited person; or

(5) 12, otherwise.

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