Environment - Offenses Involving the Environment
November 1, 2005 | GUIDELINES MANUAL | §2Q1.6 |
3. Departure Provisions.—
(A) Downward Departure Provision.—The base offense level in subsection (a)(1) reflects that offenses covered by that subsection typically pose a risk of death or serious bodily injury to one or more victims, or cause, or are intended to cause, bodily injury. In the unusual case in which such an offense did not cause a risk of death or serious bodily injury, and neither caused nor was intended to cause bodily injury, a downward departure may be warranted.
(B) Upward Departure Provisions.—If the offense caused extreme psychological injury, or caused substantial property damage or monetary loss, an upward departure may be warranted.
If the offense was calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct, an upward departure would be warranted. See Application Note 4 of §3A1.4 (Terrorism).
Historical Note:: Effective November 1, 1987. Amended effective November 1, 1989 (see Appendix C, amendment 206); November 1, 2003 (see Appendix C, amendment 655).
§2Q1.5. [Deleted]
Historical Note:: Effective November 1, 1987. Amended effective November 1, 1989 (see Appendix C, amendment 207), was deleted by consolidation with §2Q1.4 effective November 1, 2003 (see Appendix C, amendment 655).
§2Q1.6. Hazardous or Injurious Devices on Federal Lands
(a) Base Offense Level (Apply the greatest):
(1) If the intent was to violate the Controlled Substance Act, apply §2D1.9 (Placing or Maintaining Dangerous Devices on Federal Property to Protect the Unlawful Production of Controlled Substances; Attempt or Conspiracy);
(2) If the intent was to obstruct the harvesting of timber, and property destruction resulted, apply §2B1.1 (Theft, Property Destruction, and Fraud);
(3) If the offense involved reckless disregard to the risk that another person would be placed in danger of death or serious bodily injury under circumstances manifesting extreme indifference to such risk, the offense level from §2A2.2 (Aggravated Assault); or
(4) 6, otherwise.
Commentary
– 283 –
Criminal Law Center Contents
-
Criminal Law Center
- Aggravating and Mitigating Factors in Criminal Sentencing Law
- Bail, Bonds, and Relevant Legal Concerns
- Restitution for Victims in Criminal Law
- Plea Bargains in Criminal Law Cases
- Receiving Immunity for Testimony in a Criminal Law Case
- Legal Classification of Criminal Offenses
- Common Criminal Defenses
- Criminal Procedure Law
- Types of Criminal Offenses
- Alcohol Crimes Under the Law
- Parole and Probation Law
- Expungement and Sealing of Criminal Records
- Offenses Included in Other Crimes Under the Law
- The Mental State Requirement in Criminal Law Cases
- Derivative Responsibility in Criminal Law Cases
- Working with a Criminal Lawyer
- Criminal Law FAQs
- Domestic Violence Restraining Orders Laws and Forms: 50-State Survey
- Abortion Laws: 50-State Survey
- Gun Laws: 50-State Survey
- Hate Crime Laws: 50-State Survey
- Death Penalty Laws: 50-State Survey
- Recording Phone Calls and Conversations Under the Law: 50-State Survey
- Criminal Law Topics
- Find a Criminal Law Lawyer
-
Related Areas