Treason and Sabotage - Offenses Involving National Defense and Weapons of Mass Destruction

PART M - OFFENSES INVOLVING NATIONAL DEFENSE AND WEAPONS OF MASS DESTRUCTION

Historical Note:: Effective November 1, 1987. Amended effective November 1, 2001 (see Appendix C, amendment 633).

1. TREASON

§2M1.1. Treason

(a) Base Offense Level:

(1) 43, if the conduct is tantamount to waging war against the United States;

(2) the offense level applicable to the most analogous offense, otherwise.

Commentary

Statutory Provision: 18 U.S.C. § 2381.

Background: Treason is a rarely prosecuted offense that could encompass a relatively broad range of conduct, including many of the more specific offenses in this Part. The guideline contemplates imposition of the maximum penalty in the most serious cases, with reference made to the most analogous offense guideline in lesser cases.

Historical Note:: Effective November 1, 1987.

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2. SABOTAGE

§2M2.1. Destruction of, or Production of Defective, War Material, Premises, or Utilities

(a) Base Offense Level: 32

Commentary

Statutory Provisions: 18 U.S.C. § 2153, 2154; 42 U.S.C. § 2284; 49 U.S.C. § 60123(b).

Application Note:

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Last reviewed October 2023