CHAPTER TWO - PART B - BASIC ECONOMIC OFFENSES
§2B1.5. Theft of, Damage to, or Destruction of, Cultural Heritage Resources; Unlawful Sale, Purchase, Exchange, Transportation, or Receipt of Cultural Heritage Resources
(a) Base Offense Level: 8
(b) Specific Offense Characteristics
(1) If the value of the cultural heritage resource (A) exceeded $2,000 but did not exceed $5,000, increase by 1 level; or (B) exceeded $5,000, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount.
(2) If the offense involved a cultural heritage resource from, or that, prior to the offense, was on, in, or in the custody of (A) the national park system; (B) a National Historic Landmark; (C) a national monument or national memorial; (D) a national marine sanctuary; (E) a national cemetery or veterans’ memorial; (F) a museum; or (G) the World Heritage List, increase by 2 levels.
(3) If the offense involved a cultural heritage resource constituting (A) human remains; (B) a funerary object; (C) cultural patrimony; (D) a sacred object; (E) cultural property; (F) designated archaeological or ethnological material; or (G) a pre-Columbian monumental or architectural sculpture or mural, increase by 2 levels.
(4) If the offense was committed for pecuniary gain or otherwise involved a commercial purpose, increase by 2 levels.
(5) If the defendant engaged in a pattern of misconduct involving cultural heritage resources, increase by 2 levels.
(6) If a dangerous weapon was brandished or its use was threatened, increase by 2 levels. If the resulting offense level is less than level 14, increase to level 14.
(c) Cross Reference
(1) If the offense involved arson, or property damage by the use of any explosive, explosive material, or destructive device, apply §2K1.4 (Arson; Property Damage by Use of Explosives), if the resulting offense level is greater than that determined above.
Historical Note: Effective November 1, 2002 (see Appendix C, amendment 638). Amended effective November 1, 2006 (see Appendix C, amendment 685); November 1, 2007 (see Appendix C, amendment 700).