Amendment: Section 2A3.1 is amended by redesignating subsection (c) as subsection (d); and by inserting the following additional subsection:
"(c) Cross Reference
(1) If a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111 had such killing taken place within the territorial or maritime jurisdiction of the United States, apply §2A1.1 (First Degree Murder).".
Section 2A3.1(b)(2) is amended by deleting "otherwise, (B) if the victim was under the age of sixteen" and inserting in lieu thereof "or (B) if the victim had attained the age of twelve years but had not attained the age of sixteen years".
The Commentary to §2A3.1 captioned "Application Notes" is amended by inserting the following additional note:
"5. If the defendant was convicted (A) of more than one act of criminal sexual abuse and the counts are grouped under §3D1.2 (Groups of Closely Related Counts), or (B) of only one such act but the court determines that the offense involved multiple acts of criminal sexual abuse of the same victim or different victims, an upward departure would be warranted.".
Reason for Amendment: This amendment adds a cross reference to §2A3.1 to address the circumstance in which a victim is murdered during the offense. In addition, an editorial change in §2A3.1(b)(2) is made to conform the phraseology used in this subsection to that used elsewhere in the guidelines. This amendment also authorizes an upward departure where the offense involved multiple acts of criminal sexual abuse that do not result in an increase in offense level under the multiple count rules in Chapter Three, Part D.
Effective Date: The effective date of this amendment is November 1, 1993.