Threatening or Harassing Communications, Stalking, and Domestic Violence - Offenses Against the Person
|November 1, 2005||GUIDELINES MANUAL||§2A6.2|
§2A5.3. Committing Certain Crimes Aboard Aircraft
(a) Base Offense Level: The offense level applicable to the underlying offense.
Statutory Provision: 49 U.S.C. § 46506 (formerly 49 U.S.C. § 1472(k)(1)).
1. "Underlying offense" refers to the offense listed in 49 U.S.C. § 46506 of which the defendant is convicted.
2. If the conduct intentionally or recklessly endangered the safety of the aircraft or passengers, an upward departure may be warranted.
Historical Note:: Effective October 15, 1988 (see Appendix C, amendment 65). Amended effective November 1, 1989 (see Appendix C, amendment 98); November 1, 1995 (see Appendix C, amendment 534).
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6. THREATENING OR HARASSING COMMUNICATIONS, STALKING, AND DOMESTIC VIOLENCE
Historical Note:: Effective November 1, 1987. Amended effective November 1, 1997 (see Appendix C, amendment 549).
§2A6.1. Threatening or Harassing Communications
(a) Base Offense Level:
(1) 12; or
(2) 6, if the defendant is convicted of an offense under 47 U.S.C. § 223(a)(1)(C), (D), or (E) that did not involve a threat to injure a person or property.
(b) Specific Offense Characteristics
(1) If the offense involved any conduct evidencing an intent to carry out such threat, increase by 6 levels.
(2) If the offense involved more than two threats, increase by 2 levels.
(3) If the offense involved the violation of a court protection order, increase by 2 levels.
(4) If the offense resulted in (A) substantial disruption of public,
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