2005 Federal Sentencing Guidelines
Chapter 2 - PART A - OFFENSES AGAINST THE
PERSON
§2A3.3. Criminal Sexual Abuse
of a Ward or Attempt to Commit Such Acts
(a) Base Offense Level: 12
(b) Specific Offense Characteristics
(1) If the offense involved the knowing misrepresentation of a participant’s
identity to persuade, induce, entice, or coerce a minor to engage in prohibited
sexual conduct, increase by 2 levels.
(2) If a computer or an interactive computer service was used to persuade,
induce, entice, or coerce a minor to engage in prohibited sexual conduct,
increase by 2 levels.
Commentary
Statutory Provision: 18 U.S.C. § 2243(b).
For additional statutory provision(s), see Appendix
A (Statutory Index).
Application Notes:
1. Definitions.—For
purposes of this guideline:
"Computer" has the meaning given that term in 18 U.S.C. § 1030(e)(1).
"Interactive computer service" has the meaning given that term in section
230(e)(2) of the Communications Act of 1934 (47 U.S.C. § 230(f)(2)).
"Minor" means an individual who had not attained the age of 18 years.
"Participant" has the meaning given that term in Application Note 1 of the
Commentary to §3B1.1 (Aggravating Role).
"Prohibited sexual conduct" has the meaning given that term in Application
Note 1 of the Commentary to
§2A3.1 (Criminal Sexual Abuse; Attempt to Commit Criminal Sexual Abuse).
"Ward" means a person in official detention under the custodial, supervisory,
or disciplinary authority of the defendant.
2. Application of Subsection (b)(1).—The
enhancement in subsection (b)(1) applies in cases involving the misrepresentation
of a participant’s identity to persuade, induce, entice, or coerce a
minor to engage in prohibited sexual conduct. Subsection (b)(1) is intended
to apply only to misrepresentations made directly to a minor or to a person
who exercises custody, care, or supervisory control of the minor.
The misrepresentation to which the enhancement in subsection (b)(1) may apply
includes misrepresentation of a participant’s name, age, occupation,
gender, or status, as long as the misrepresentation was made with the intent
to persuade, induce, entice, or coerce a minor to engage in prohibited sexual
conduct. Accordingly, use of a computer screen name, without such intent, would
not be a sufficient basis for application of the enhancement.
3. Application of Subsection (b)(2).—Subsection
(b)(2) provides an enhancement if a computer or an interactive computer service
was used to persuade, induce, entice, or coerce a minor to engage in prohibited
sexual conduct. Subsection (b)(2) is intended to apply only to the use of a
computer or an interactive computer service to communicate directly with a
minor or with a person who exercises custody, care, or supervisory control
of the minor.
Background: The offense covered
by this section is a misdemeanor. The maximum term of imprisonment authorized
by statute is one year.
Historical Note: Effective
November 1, 1987. Amended effective November 1, 1989 (see Appendix
C, amendment 94); November 1, 1995 (see Appendix
C, amendment 511); November 1, 2000 (see Appendix
C, amendment 592); November 1, 2001 (see Appendix
C, amendment 615); November 1, 2004 (see Appendix
C, amendment 664).