CHAPTER TWO - OFFENSE CONDUCT


PART X - OTHER OFFENSES


2.      AIDING AND ABETTING


§2X2.1.    Aiding and Abetting 

The offense level is the same level as that for the underlying offense.


Commentary

Statutory Provisions:  18 U.S.C. §§ 2, 2284, 2339, 2339A, 2339C(a)(1)(A).

Application Note:

1.      Definition.—For purposes of this guideline,"underlying offense" means the offense the defendant is convicted of aiding or abetting, or in the case of a violation of 18 U.S.C. § 2339A or § 2339C(a)(1)(A), "underlying offense" means the offense the defendant is convicted of having materially supported or provided or collected funds for, prior to or during its commission.

Background:  A defendant convicted of aiding and abetting is punishable as a principal.  18 U.S.C. § 2.  This section provides that aiding and abetting the commission of an offense has the same offense level as the underlying offense.  An adjustment for a mitigating role (§3B1.2) may be applicable.

Historical Note:  Effective November 1, 1987.  Amended effective November 1, 1990 (see Appendix C, amendment 359); November 1, 2002 (see Appendix C, amendment 637); November 1, 2003 (see Appendix C, amendment 655); November 1, 2007 (see Appendix C, amendment 700).