Criminal Law

Appendix B - Selected Sentencing Statutes

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Appendix BGUIDELINES MANUALNovember 1, 2005

"(2) Ranges.—The Sentencing Commission may promulgate guidelines specifically governing offenses under section 1466A of title 18, United States Code, if such guidelines do not result in sentencing ranges that are lower than those that would have applied under paragraph (1).".

Enhancements for Interstate Travel to Engage in Sexual Act with a Juvenile. Pub. L. 108–21, Title V, § 512, Apr. 30, 2003, 117 Stat. 685, provided that: " Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the Federal Sentencing Guidelines and policy statements to ensure that guideline penalties are adequate in cases that involve interstate travel with the intent to engage in a sexual act with a juvenile in violation of section 2423 of title 18, United States Code, to deter and punish such conduct.".

Amendments Pertaining to Offenses Involving the Distribution of Virtual Child Pornography. Pub. L. 108–21, Title V, § 513(c), Apr. 30, 2003, 117 Stat. 685, provided that: "(c) Sentencing Guidelines.—Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the Federal Sentencing Guidelines and policy statements to ensure that the guidelines are adequate to deter and punish conduct that involves a violation of paragraph (3)(B) or (6) of section 2252A(a) of title 18, United States Code, as created by this Act . With respect to the guidelines for section 2252A(a)(3)(B), the Commission shall consider the relative culpability of promoting, presenting, describing, or distributing material in violation of that section as compared with solicitation of such material.".

Offenses Involving GHB. Pub. L. 108–21, Title VI, § 608(e), Apr. 30, 2003, 117 Stat. 691, provided that:

"(e) Sentencing Commission Guidelines.—The United States Sentencing Commission shall—

"(1) review the Federal sentencing guidelines with respect to offenses involving gamma hydroxybutyric acid (GHB);

"(2) consider amending the Federal sentencing guidelines to provide for increased penalties such that those penalties reflect the seriousness of offenses involving GHB and the need to deter them; and

"(3) take any other action the Commission considers necessary to carry out this section.".

Enhancements for Cyber Security Offenses. Pub. L. 107–296, Title II, § 225(b), (c), Nov. 25, 2002, 116 Stat. 2156, provided that: "(b) Amendment of Sentencing Guidelines Relating to Certain Computer Crimes—

"(1) Directive to the United States Sentencing Commission.—Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall review and, if appropriate, amend its guidelines and its policy statements applicable to persons convicted of an offense under section 1030 of title 18, United States Code.

"(2) Requirements.—In carrying out this subsection, the Sentencing Commission shall--"(A) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offenses described in paragraph (1), the growing incidence of such offenses, and the need for an effective deterrent and appropriate punishment to prevent such offenses;

"(B) consider the following factors and the extent to which the guidelines may or may not account for them—

"(i) the potential and actual loss resulting from the offense;

"(ii) the level of sophistication and planning involved in the offense;

"(iii) whether the offense was committed for purposes of commercial advantage or private financial benefit;

"(iv) whether the defendant acted with malicious intent to cause harm in committing the offense; "(v) the extent to which the offense violated the privacy rights of individuals harmed;

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