2009 FEDERAL SENTENCING GUIDELINES MANUAL
CHAPTER THREE - PART A - VICTIM-RELATED ADJUSTMENTS
§3A1.1. Hate Crime Motivation or Vulnerable Victim
(a) If the finder of fact at trial or, in the case of a plea of guilty or nolo contendere, the court at sentencing determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense of conviction because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person, increase by 3 levels.
(b) (1) If the defendant knew or should have known that a victim of the offense was a vulnerable victim, increase by levels.
(2) If (A) subdivision (1) applies; and (B) the offense involved a large number of vulnerable victims, increase the offense level determined under subdivision (1) by additional levels.
(c) Special Instruction
(1) Subsection (a) shall not apply if an adjustment from §2H1.1(b)(1) applies.
Historical Note: Effective November 1, 1987. Amended effective November 1, 1989 (see Appendix C, amendment 245); November 1, 1990 (see Appendix C, amendment 344); November 1, 1992 (see Appendix C, amendment 454); November 1, 1995 (see Appendix C, amendment 521); November 1, 1997 (see Appendix C, amendment 564); November 1, 1998 (see Appendix C, amendment 587); November 1, 2000 (see Appendix C, amendment 595).