2005 Federal Sentencing Guidelines


CHAPTER THREE - PART A - VICTIM-RELATED ADJUSTMENTS

§3A1.3. Restraint of Victim

If a victim was physically restrained in the course of the offense, increase by 2 levels.

Commentary

Application Notes:

1. "Physically restrained" is defined in the Commentary to §1B1.1 (Application Instructions).

2. Do not apply this adjustment where the offense guideline specifically incorporates this factor, or where the unlawful restraint of a victim is an element of the offense itself (e.g., this adjustment does not apply to offenses covered by §2A4.1 (Kidnapping, Abduction, Unlawful Restraint)).

3. If the restraint was sufficiently egregious, an upward departure may be warranted. See §5K2.4 (Abduction or Unlawful Restraint).

Historical Note: Effective November 1, 1987. Amended effective November 1, 1989 (see Appendix C, amendments 249 and 250); November 1, 1991 (see Appendix C, amendment 413).