§2B2.1. Burglary of a Residence or a Structure Other than a Residence
(a)Base Offense Level:
(1) 17, if a residence; or
(2) 12, if a structure other than a residence.
(b)Specific Offense Characteristics
(1)If the offense involved more than minimal planning, increase by 2 levels.
(2)If the loss exceeded $2,500, increase the offense level as follows:
| Loss (Apply the Greatest | Increase in Level | |
| (A) | $2,500 or less | No increase |
| (B) | More than $2,500 | add 1 |
| (C) | More than $10,000 | add 2 |
| (D) | More than $50,000 | add 3 |
| (E) | More than $250,000 | add 4 |
| (F) | More than $800,000 | add 5 |
| (G) | More than $1,500,000 | add 6 |
| (H) | More than $2,500,000 | add 7 |
| (I) | More than $5,000,000 | add 8 |
(3)If a firearm, destructive device, or controlled substance was taken, or if the taking of such item was an object of the offense, increase by 1 level.
(4)If a dangerous weapon (including a firearm) was possessed, increase by 2 levels.
Commentary
Statutory Provisions: 18 U.S.C. §§ 1153, 2113(a), 2115, 2117, 2118(b). For additional statutory provision(s), seeAppendix A (Statutory Index).
Application Notes:
1."More than minimal planning," "firearm," "destructive device," and "dangerous weapon" are defined in the Commentary to §1B1.1 (Application Instructions).
2.Valuation of loss is discussed in the Commentary to §2B1.1 (Larceny, Embezzlement, and Other Forms of Theft).
3.Subsection (b)(4) does not apply to possession of a dangerous weapon (including a firearm) that was stolen during the course of the offense.
Background: The base offense level for residential burglary is higher than for other forms of burglary because of the increased risk of physical and psychological injury. Weapon possession, but not use, is a specific offense characteristic because use of a weapon (including to threaten) ordinarily would make the offense robbery. Weapon use would be a ground for upward departure.