CHAPTER TWO - OFFENSE CONDUCT


PART M - OFFENSES INVOLVING NATIONAL DEFENSE AND WEAPONS OF MASS DESTRUCTION


4.      EVASION OF MILITARY SERVICE


§2M4.1.   Failure to Register and Evasion of Military Service

(a)       Base Offense Level: 6

(b)      Specific Offense Characteristic

(1)       If the offense occurred at a time when persons were being inducted for compulsory military service, increase by 6 levels.


Commentary

Statutory Provision:  50 U.S.C. App. § 462.

Application Note:

1.      Subsection (b)(1) does not distinguish between whether the offense was committed in peacetime or during time of war or armed conflict.  If the offense was committed when persons were being inducted for compulsory military service during time of war or armed conflict, an upward departure may be warranted.

Historical Note:  Effective November 1, 1987.  Amended effective November 1, 1990 (see Appendix C, amendment 336).