(a) Base Offense Level: 4
(b) Specific Offense Characteristics
(1) If the loss exceeded $100, increase by the corresponding number of levels from the table in §2B1.1.
(2) If undelivered United States mail was destroyed, and the offense level as determined above is less than level 6, increase to level 6.
(3) If the offense involved more than minimal planning, increase by 2 levels.
(4) If property of a national cemetery was damaged or destroyed, increase by 2 levels.
(c) Cross Reference
(1) If the offense involved arson, or property damage by use of explosives, apply §2K1.4 (Arson; Property Damage by Use of Explosives).
(d) Special Instruction
(1) If the defendant is convicted under 18 U.S.C. § 1030(a)(5), the minimum guideline sentence, notwithstanding any other adjustment, shall be six months’ imprisonment.
Commentary
Statutory Provisions: 18 U.S.C. §§ 1030(a)(5), 1361, 1363, 1702, 1703 (if vandalism or malicious mischief, including destruction of mail is involved). For additional statutory provision(s), see Appendix A (Statutory Index).
Application Notes:
1. "More than minimal planning" is defined in the Commentary to §1B1.1 (Application Instructions).
"National cemetery" means a cemetery (A) established under section 2400 of title 38, UnitedStates Code; or (B) under the jurisdiction of the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of the Interior.
2. Valuation of loss is discussed in the Commentary to §2B1.1 (Larceny, Embezzlement, and Other Forms of Theft).
3. "Undelivered United States mail" means mail that has not been received by the addressee or his agent (e.g., it includes mail that is in the addressee’s mailbox).
4. In some cases, the monetary value of the property damaged or destroyed may not adequately reflect the extent of the harm caused. For example, the destruction of a $500 telephone line or interference with a telecommunications network may cause an interruption in service to thousands of people for several hours, with attendant life-threatening delay in the delivery of emergency medical treatment or disruption of other important governmental or private services. In such cases, an upward departure may be warranted. See §§5K2.2 (Physical Injury), 5K2.7 (Disruption of Governmental Function), and 5K2.14 (Public Welfare).
Background: Subsection (b)(4) implements the instruction to the Commission in section 2 of Public Law 105–101.
Subsection (d) implements the instruction to the Commission in section 805(c) of Public Law 104-132.