GLAPP GUIDELINES

CHAPTER TWO - OFFENSE CONDUCT

Introductory Commentary

Chapter Two pertains to offense conduct. The chapter is organized by offenses and divided into parts and related sections that may cover one statute or many. Each offense has a corresponding base offense level and may have one or more specific offense characteristics that adjust the offense level upward or downward. Certain factors relevant to the offense that are not covered in specific guidelines in Chapter Two are set forth in Chapter Three, Parts A (Victim-Related Adjustments), B (Role in the Offense), and C (Obstruction and Related Adjustments); Chapter Four, Part B (Career Offenders and Criminal Livelihood); and Chapter Five, Part K (Departures).

Historical Note

Effective November 1, 1987. Amended effective November 1, 2011 (amendment 758).

PART A - OFFENSES AGAINST THE PERSON

1. HOMICIDE

2. ASSAULT

3. CRIMINAL SEXUAL ABUSE AND OFFENSES RELATED TO REGISTRATION AS A SEX OFFENDER

4. KIDNAPPING, ABDUCTION, OR UNLAWFUL RESTRAINT

5. AIR PIRACY AND OFFENSES AGAINST MASS TRANSPORTATION SYSTEMS

6. THREATENING OR HARASSING COMMUNICATIONS, HOAXES, STALKING, AND DOMESTIC VIOLENCE

PART B - BASIC ECONOMIC OFFENSES

1. THEFT, EMBEZZLEMENT, RECEIPT OF STOLEN PROPERTY, PROPERTY DESTRUCTION AND OFFENSES INVOLVING FRAUD OR DECEIT

2. BURGLARY AND TRESPASS

3. ROBBERY, EXTORTION, AND BLACKMAIL

4. COMMERCIAL BRIBERY AND KICKBACKS

5. COUNTERFEITING AND INFRINGEMENT OF COPYRIGHT OR TRADEMARK

6. MOTOR VEHICLE DENTIFICATION NUMBERS

PART C - OFFENSES INVOLVING PUBLIC OFFICIALS AND VIOLATION OF FEDERAL ELECTION CAMPAIGN LAWS

Historical Note

Effective November 1, 1987. Amended effective January 25, 2003 (amendment 648). Introductory Commentary to Part C, effective November 1, 1987, was deleted effective January 25, 2003 (amendment 648), and November 1, 2003 (amendment 656).

§2C1.1
Offering, Giving, Soliciting, or Receiving a Bribe; Extortion Under Color of Official Right; Fraud Involving the Deprivation of the Intangible Right to Honest Services of Public Officials; Conspiracy to Defraud by Interference with Governmental Functions

§2C1.2
Offering, Giving, Soliciting, or Receiving a Gratuity

§2C1.3
Conflict of Interest; Payment or Receipt of Unauthorized Compensation

§2C1.4
[Deleted]

§2C1.5
Payments to Obtain Public Office

§2C1.6
[Deleted]

§2C1.7
[Deleted]

§2C1.8
Making, Receiving, or Failing to Report a Contribution, Donation, or Expenditure in Violation of the Federal Election Campaign Act; Fraudulently Misrepresenting Campaign Authority; Soliciting or Receiving a Donation in Connection with an Election While on Certain Federal Property

PART D - OFFENSES INVOLVING DRUGS AND NARCO-TERRORISM

Historical Note

Effective November 1, 1987. Amended effective November 1, 2007 (amendment 711).

1. UNLAWFUL MANUFACTURING, IMPORTING, EXPORTING, TRAFFICKING, OR POSSESSION; CONTINUING CRIMINAL ENTERPRISE

2. UNLAWFUL POSSESSION

3. REGULATORY VIOLATIONS

PART E - OFFENSES INVOLVING CRIMINAL ENTERPRISES AND RACKETEERING

1. RACKETEERING

2. EXTORTIONATE EXTENSION OF CREDIT

3. GAMBLING

4. TRAFFICKING IN CONTRABAND CIGARETTES AND SMOKELESS TOBACCO

5. LABOR RACKETEERING

PART F - [DELETED]

Historical Note

The heading to Part F - Offenses Involving Fraud or Deceit, effective November 1, 1987, was deleted due to the deletion of §2F1.1 and §2F1.2 effective November 1, 2001 (amendment 617).

§2F1.1
[Deleted]

§2F1.2
[Deleted]

PART G - OFFENSES INVOLVING COMMERCIAL SEX ACTS, SEXUAL EXPLOITATION OF MINORS, AND OBSCENITY

Historical Note

Effective November 1, 1987. Amended effective November 1, 2002 (amendment 641).

1. PROMOTING A COMMERCIAL SEX ACT OR PROHIBITED SEXUAL CONDUCT

2. SEXUAL EXPLOITATION OF A MINOR

3. OBSCENITY

PART H - OFFENSES INVOLVING INDIVIDUAL RIGHTS

1. CIVIL RIGHTS

2. POLITICAL RIGHTS

3. PRIVACY AND EAVESDROPPING

4. PEONAGE, INVOLUNTARY SERVITUDE, AND SLAVE TRADE

PART I - [NOT USED]

PART J - OFFENSES INVOLVING THE ADMINISTRATION OF JUSTICE