2005 Federal Sentencing Guidelines
Chapter 2 - PART A - OFFENSES AGAINST THE
§2A4.2. Demanding or Receiving
(a) Base Offense Level: 23
(b) Cross Reference
(1) If the defendant was a participant in the kidnapping offense, apply §2A4.1
(Kidnapping, Abduction, Unlawful Restraint).
Statutory Provisions: 18
U.S.C. §§ 876, 877, 1202. For additional statutory provision(s), see Appendix
A (Statutory Index).
1. A "participant" is a person who is criminally responsible for the commission
of the offense, but need not have been convicted.
Background: This section
specifically includes conduct prohibited by 18 U.S.C. § 1202,
requiring that ransom money be received, possessed, or disposed of with knowledge
of its criminal origins. The actual demand for ransom under these circumstances
is reflected in §2A4.1. This section additionally includes extortionate
demands through the use of the United States Postal Service, behavior proscribed
by 18 U.S.C. §§ 876-877.
Historical Note: Effective
November 1, 1987. Amended effective November 1, 1993 (see Appendix
C, amendment 479).