Amendment: Section 2A2.3 is amended by inserting the following additional subsection:
"(b) Specific Offense Characteristic
(1) If the offense resulted in substantial bodily injury to an individual under the age of sixteen years, increase by 4 levels.".
The Commentary to §2A2.3 captioned "Application Notes" is amended by inserting the following additional note:
"3. ‘Substantial bodily injury’ means ‘bodily injury which involves - (A) a temporary but substantial disfigurement; or (B) a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty.’ 18 U.S.C. § 113(b)(1).".
Reason for Amendment: This amendment addresses the enactment of 18 U.S.C. § 113(a)(7) (pertaining to certain assaults against minors) by section 170201 of the Violent Crime Control and Law Enforcement Act of 1994.
Effective Date: The effective date of this amendment is November 1, 1995.