(a) Base Offense Level:
(1) 6, if the conduct involved physical contact, or if a dangerous weapon (including a firearm) was possessed and its use was threatened; or
(2) 3, otherwise.
(b) Specific Offense Characteristic
(1) If the offense resulted in substantial bodily injury to an individual under the age of sixteen years, increase by 4 levels.
Commentary
Statutory Provisions: 18 U.S.C. §§ 112, 115(a), 115(b)(1), 351(e), 1751(e). For additional statutory provision(s), see Appendix A (Statutory Index).
Application Notes:
1. "Minor assault" means a misdemeanor assault, or a felonious assault not covered by §2A2.2.
2. Definitions of "firearm" and "dangerous weapon" are found in the Commentary to §1B1.1 (Application Instructions).
3. "Substantial bodily injury" means "bodily injury which involves - (A) a temporary but substantial disfigurement; or (B) a temporary but substantial loss or impairment of thefunction of any bodily member, organ, or mental faculty." 18 U.S.C. § 113(b)(1).
Background: Minor assault and battery are covered in this section.
Historical Note: Effective November 1, 1987. Amended effective October 15, 1988 (see Appendix C, amendment 64); November 1, 1989 (see Appendix C, amendments 87 and 88); November 1, 1995 (see Appendix C, amendment 510).