AMENDMENT 545

Amendment: The Commentary to §1B1.1 captioned "Application Notes" is amended in Note 1(b) by deleting:

"As used in the guidelines, the definition of this term is somewhat different than that used in various statutes.".

The Commentary to §1B1.1 captioned "Application Notes" is amended in Note 1(j) by inserting "protracted" before "impairment"; and by deleting "As used in the guidelines, the definition of this term is somewhat different than that used in various statutes." and inserting in lieu thereof "In addition, ‘serious bodily injury’ is deemed to have occurred if the offense involved conduct constituting criminal sexual abuse under 18 U.S.C. § 2241 or § 2242 or any similar offense under state law.".

The Commentary to §2A3.1 captioned "Application Notes" is amended in Note 1 by inserting "For purposes of this guideline—" before "‘Permanent"; and by inserting at the end the following:

"However, for purposes of this guideline, ‘serious bodily injury’ means conduct other than criminal sexual abuse, which already is taken into account in the base offense level under subsection (a).

‘The means set forth in 18 U.S.C. § 2241(a) or (b)’ are: by using force against the victim; by threatening or placing the victim in fear that any person will be subject to death, serious bodily injury, or kidnaping; by rendering the victim unconscious; or by administering by force or threat of force, or without the knowledge or permission of the victim, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of the victim to appraise or control conduct. This provision would apply, for example, where any dangerous weapon was used, brandished, or displayed to intimidate the victim.".

The Commentary to §2A3.1 captioned "Application Notes" is amended by deleting:

"2. ‘The means set forth in 18 U.S.C. § 2241(a) or (b)’ are: by using force against the victim; by threatening or placing the victim in fear that any person will be subject to death, serious bodily injury, or kidnapping; by rendering the victim unconscious; or by administering by force or threat of force, or without the knowledge or permission of the victim, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of the victim to appraise or control conduct. This provision would apply, for example, where any dangerous weapon was used, brandished, or displayed to intimidate the victim.";

and by redesignating Notes 3, 4, 5, 6, and 7, as Notes 2, 3, 4, 5, and 6, respectively.

The Commentary to §2A4.1 captioned "Application Notes" is amended in Note 1 by inserting "For purposes of this guideline—" before "Definitions"; and by inserting at the end the following:

"However, for purposes of this guideline, ‘serious bodily injury’ means conduct other than criminal sexual abuse, which is taken into account in the specific offense characteristic under subsection (b)(5).".

Section 2B3.1(b)(1) is amended by deleting "(A)" following "If"; and by deleting "or (B) the offense involved carjacking," before "increase".

Section 2B3.1(b) is amended by redesignating subdivisions (5) and (6) as subdivisions (6) and (7), respectively; and by inserting after subdivision (4) the following new subdivision (5):

"(5) If the offense involved carjacking, increase by 2 levels.".

Reason for Amendment: This amendment implements, in a broader form, section 2 of the Carjacking Correction Act of 1996, Pub.L. 104-217, 110 Stat. 3020. The Act amended 18 U.S.C. § 2119(2) to include aggravated sexual abuse under 18 U.S.C. § 2241 and sexual abuse under 18 U.S.C. § 2242 within the meaning of "serious bodily injury." In implementing this legislation, the Commission has elected to broaden the term "serious bodily injury," as used in a number of offense conduct guidelines, so that such injury will be deemed to have occurred in the case of a sexual assault. The amendment also makes a number of conforming changes in other guidelines. In addition, this amendment amends §2B3.1(b)(1) to provide cumulative enhancements if the offense involved both bank robbery and carjacking.

Effective Date: The effective date of this amendment is November 1, 1997.