CHAPTER TWO - PART H - OFFENSES INVOLVING INDIVIDUAL RIGHTS
3. PRIVACY AND EAVESDROPPING
§2H3.1. Interception of Communications; Eavesdropping; Disclosure of Certain Private or Protected Information
(a) Base Offense Level (Apply the greater):
(1) 9; or
(2) 6, if the offense of conviction has a statutory maximum term of imprisonment of one year or less but more than six months.
(b) Specific Offense Characteristics
(1) If (A) the defendant is convicted under 18 U.S.C. § 1039(d) or (e); or (B) the purpose of the offense was to obtain direct or indirect commercial advantage or economic gain, increase by 3 levels.
(2) (Apply the greater) If—
(A) the defendant is convicted under 18 U.S.C. § 119, increase by 8 levels; or
(B) the defendant is convicted under 18 U.S.C. § 119, and the offense involved the use of a computer or an interactive computer service to make restricted personal information about a covered person publicly available, increase by 10 levels.
(c) Cross Reference
(1) If the purpose of the offense was to facilitate another offense, apply the guideline applicable to an attempt to commit that other offense, if the resulting offense level is greater than that determined above.
Historical Note: Effective November 1, 1987. Amended effective November 1, 1989 (see Appendix C, amendment 169); November 1, 2001 (see Appendix C, amendment 628); May 1, 2007 (see Appendix C, amendment 697); November 1, 2007 (see Appendix C, amendment 708); November 1, 2008 (see Appendix C, amendment 718); November 1, 2009 (see Appendix C, amendments 726 and 737).