AMENDMENT 703
Section 2B2.3(b)(1) is amended by redesignating subdivision (F) as subdivision (G); and by inserting "(F) at Arlington National Cemetery or a cemetery under the control of the National Cemetery Administration;" after "residence;".
The Commentary to §2B2.3 captioned "Statutory Provisions", as amended by Amendment 699, is further amended by inserting "38 U.S.C. § 2413;" after "2199;".
The Commentary to §2E3.1 captioned "Statutory Provisions" is amended by inserting "; 31 U.S.C. § 5363" after "1955".
Appendix A (Statutory Index) is amended by inserting after the line referenced to 31 U.S.C. § 5332 the following:
"31 U.S.C. § 5363 2E3.1"; and
by inserting after the line referenced to 38 U.S.C. § 787 the following:
"38 U.S.C. § 2413 2B2.3".
Reason for Amendment: This amendment addresses two new offenses, 38 U.S.C. § 2413, which was created by the Respect for America’s Fallen Heroes Act, Pub. L. 109–228, and 31 U.S.C. § 5363, which was created by the Security and Accountability for Every Port Act of 2006, Pub. L. 109–347.
The new offense at 38 U.S.C. § 2413 prohibits certain demonstrations at Arlington National Cemetery and at cemeteries controlled by the National Cemetery Administration and provides a statutory maximum penalty of imprisonment of not more than one year, a fine, or both. The amendment references convictions under 38 U.S.C. § 2413 to §2B2.3 (Trespass) and expands the scope of the two-level enhancement at §2B2.3(b)(1) for trespass offenses that occur in certain locations to include trespass at Arlington National Cemetery or a cemetery under the control of the National Cemetery Administration. The Commission determined that the need to protect the final resting places of the nation’s war dead and the need to discourage violent confrontations at the funerals of veterans who are killed in action justifies expanding the scope of the enhancement to cover such conduct.
The new offense at 31 U.S.C. § 5363 prohibits acceptance of any financial instrument for unlawful Internet gambling and provides a statutory maximum term of imprisonment of five years. The amendment references convictions under 31 U.S.C. § 5363 to §2E3.1 (Gambling Offenses).
Effective Date: The effective date of this amendment is November 1, 2007.