CHAPTER TWO - OFFENSE CONDUCT


PART B - BASIC ECONOMIC OFFENSES


2.      BURGLARY AND TRESPASS


§2B2.1.     Burglary of a Residence or a Structure Other than a Residence 

(a)       Base Offense Level:

(1)       17, if a residence; or

(2)       12, if a structure other than a residence.

(b)      Specific Offense Characteristics

(1)       If the offense involved more than minimal planning, increase by 2 levels.

(2)       If the loss exceeded $2,500, increase the offense level as follows:

          Loss (Apply the Greatest)  Increase in Level
(A)   $2,500 or less no increase
(B)   More than $2,500  add 1
(C)  More than $10,000  add 2
(D)  More than $50,000 add 3
(E)  More than $250,000 add 4
(F) More than $800,000 add 5
(G) More than $1,500,000 add 6
(H)  More than $2,500,000 add 7
(I)   More than $5,000,000 add 8.

(3)       If a firearm, destructive device, or controlled substance was taken, or if the taking of such item was an object of the offense, increase by 1 level.

(4)       If a dangerous weapon (including a firearm) was possessed, increase by 2 levels.


Commentary

Statutory Provisions:  18 U.S.C. §§ 1153, 2113(a), 2115, 2117, 2118(b).  For additional statutory provision(s), see Appendix A (Statutory Index).

Application Notes:

1.      "Firearm," "destructive device," and "dangerous weapon" are defined in the Commentary to §1B1.1 (Application Instructions). 

2.      "Loss" means the value of the property taken, damaged, or destroyed.

3.      Subsection (b)(4) does not apply to possession of a dangerous weapon (including a firearm) that was stolen during the course of the offense. 

4.      More than Minimal Planning.—"More than minimal planning" means more planning than is typical for commission of the offense in a simple form.  "More than minimal planning" also exists if significant affirmative steps were taken to conceal the offense, other than conduct to which §3C1.1 (Obstructing or Impeding the Administration of Justice) applies.  "More than minimal planning" shall be considered to be present in any case involving repeated acts over a period of time, unless it is clear that each instance was purely opportune.  For example, checking the area to make sure no witnesses were present would not alone constitute more than minimal planning.  By contrast, obtaining building plans to plot a particular course of entry, or disabling an alarm system, would constitute more than minimal planning.

Background:  The base offense level for residential burglary is higher than for other forms of burglary because of the increased risk of physical and psychological injury.  Weapon possession, but not use, is a specific offense characteristic because use of a weapon (including to threaten) ordinarily would make the offense robbery.  Weapon use would be a ground for upward departure.

Historical Note:  Effective November 1, 1987.  Amended effective January 15, 1988 (see Appendix C, amendment 11); June 15, 1988 (see Appendix C, amendment 12); November 1, 1989 (see Appendix C, amendments 105 and 106); November 1, 1990 (see Appendix C, amendments 315 and 361); November 1, 1993 (see Appendix C, amendment 481); November 1, 2001 (see Appendix C, amendment 617).