§2A3.5. Failure to Register as a Sex Offender
(a) Base Offense Level (Apply the greatest):
(1) 16, if the defendant was required to register as a Tier III offender;
(2) 14, if the defendant was required to register as a Tier II offender; or
(3) 12, if the defendant was required to register as a Tier I offender.
(b) Specific Offense Characteristics
(1) (Apply the greatest):
If, while in a failure to register status, the defendant committed—
(A) a sex offense against someone other than a minor, increase by 6 levels;
(B) a felony offense against a minor not otherwise covered by subdivision (C), increase by 6 levels; or
(C) a sex offense against a minor, increase by 8 levels.
(2) If the defendant voluntarily (A) corrected the failure to register; or (B) attempted to register but was prevented from registering by uncontrollable circumstances and the defendant did not contribute to the creation of those circumstances, decrease by 3 levels.
Historical Note: Effective November 1, 2007 (see Appendix C, amendments 701 and 711).