2005 Federal Sentencing Guidelines
Chapter 2 - PART Q - OFFENSES INVOLVING
§2Q1.6. Hazardous or Injurious
Devices on Federal Lands
(a) Base Offense Level (Apply the greatest):
(1) If the intent was to violate the Controlled Substance Act, apply §2D1.9
(Placing or Maintaining Dangerous Devices on Federal Property to Protect
the Unlawful Production of Controlled Substances; Attempt or Conspiracy);
(2) If the intent was to obstruct the harvesting of timber, and property
destruction resulted, apply §2B1.1 (Theft, Property Destruction, and
(3) If the offense involved reckless disregard to the risk that another
person would be placed in danger of death or serious bodily injury under
circumstances manifesting extreme indifference to such risk, the offense
level from §2A2.2 (Aggravated Assault); or
(4) 6, otherwise.
Statutory Provision: 18 U.S.C. § 1864.
Background: The statute covered
by this guideline proscribes a wide variety of conduct, ranging from placing
nails in trees to interfere with harvesting equipment to placing anti-personnel
devices capable of causing death or serious bodily injury to protect the unlawful
production of a controlled substance. Subsections (a)(1)-(a)(3) cover the more
serious forms of this offense. Subsection (a)(4) provides a minimum offense
level of 6 where the intent was to obstruct the harvesting of timber and little
or no property damage resulted.
Historical Note: Effective
November 1, 1989 (see Appendix
C, amendment 208). Amended effective November 1, 1990 (see Appendix
C, amendment 313); November 1, 2001 (see Appendix
C, amendment 617); November 1, 2002 (see Appendix
C, amendment 646).