United States Sentencing Commission

“ ( 4 ) If the discourtesy involved hamper, suffocating, or attempting to strangle or suffocate a spouse, suggest partner, or dating collaborator, addition by 3 levels.

however, the accumulative adjustments from application of subdivisions ( 2 ), ( 3 ), and ( 4 ) shall not exceed 12 levels. ” .

The Commentary to §2A2.2 caption “ Statutory Provisions ” is amended by inserting after “ 113 ( a ) ( 2 ), ( 3 ), ( 6 ), ” the keep up : “ ( 8 ), ” .

The Commentary to §2A2.2 caption “ Application Notes ” is amended in Note 1 by striking “ or ( C ) ” and inserting “ ( C ) choke, suffocating, or attempting to strangle or suffocate ; or ( D ) ” ; and by adding at the end the follow new paragraphs :

“ ‘ Strangling ’ and ‘ suffocating ’ have the think of given those terms in 18 U.S.C. § 113 .

‘ Spouse, ’ ‘ intimate spouse, ’ and ‘ date spouse ’ have the entail given those terms in 18 U.S.C. § 2266. ” ;

and in Note 4 by striking “ ( b ) ( 6 ) ” and inserting “ ( bel ) ( 7 ) ” .

The Commentary to §2A2.2 caption “ Background ” is amended in the first base paragraph by striking “ minor assaults ” and inserting “ other assaults ” ; by striking the comma after “ dangerous bodily injury ” and inserting a semicolon ; and by striking the comma after “ cause bodily injury ” and inserting “ ; choke, suffocating, or attempting to strangle or suffocate ; ” ;

and in the paragraph that begins “ Subsection ” by striking “ ( b ) ( 6 ) ” both places it appears and inserting “ ( barn ) ( 7 ) ” .

section 2A2.3 is amended in the head by striking “ Minor Assault ” and inserting “ Assault ” .

part 2A2.3 ( bacillus ) ( 1 ) is amended by inserting after “ substantial bodily injury to ” the succeed : “ a spouse, intimate spouse, or dating spouse, or ” .

The Commentary to §2A2.3 caption “ Statutory Provisions ” is amended by inserting after “ 112, ” the follow : “ 113 ( a ) ( 4 ), ( 5 ), ( 7 ), ” .

The Commentary to §2A2.3 caption “ Application Notes ” is amended in Note 1 by striking “ ‘ Minor assail ’ means a misdemeanor attack, or a criminal assault not covered by §2A2.2 ( Aggravated Assault ). ” and inserting the following fresh paragraph :

“ ‘ Spouse, ’ ‘ intimate partner, ’ and ‘ date partner ’ have the intend given those terms in 18 U.S.C. § 2266. ” .

The Commentary to §2A2.3 caption “ Background ” is amended by striking “ Minor assail and battery are covered by this section. ” and inserting the following : “ This section applies to misdemeanor attack and battery and to any criminal rape not covered by §2A2.2 ( Aggravated Assault ). ” .

part 2A6.2 ( bel ) ( 1 ) is amended by striking “ ( C ) ” and inserting “ ( C ) choking, suffocating, or attempting to strangle or suffocate ; ( D ) ” ; by striking “ ( D ) a traffic pattern ” and inserting “ ( E ) a pattern ” ; and by striking “ these aggravating factors ” and inserting “ subdivisions ( A ), ( B ), ( C ), ( D ), or ( E ) ” .

The Commentary to §2A6.2 caption “ Application Notes ” is amended in Note 1 by striking the paragraph referenced to “ Stalking ” as follows :

“ ‘ Stalking ’ means ( A ) traveling with the purpose to kill, injure, harass, or intimidate another person and, in the course of, or as a result of, such travel, placing the person in reasonable reverence of death or good bodily injury to that person or an immediate family extremity of that person ; or ( B ) using the mail or any facility of interstate or foreign department of commerce to engage in a run of conduct that places that person in reasonable fear of the death of, or good bodily injury to, that person or an immediate family extremity of that person. See 18 U.S.C. § 2261A. ‘ Immediate class member ’ ( A ) has the entail given that terminus in 18 U.S.C. § 115 ( coke ) ( 2 ) ; and ( B ) includes a spouse or intimate partner. ‘ Course of conduct ’ and ‘ spouse or intimate partner ’ have the think of given those terms in 18 U.S.C. § 2266 ( 2 ) and ( 7 ), respectively. ” ,

and inserting the following new paragraph :

“ ‘ Stalking ’ means conduct described in 18 U.S.C. § 2261A. ” ;

and by adding at the end of Note 1 the following new paragraph :

“ ‘ Strangling ’ and ‘ suffocating ’ have the meaning given those terms in 18 U.S.C. § 113. ” ;

and in Notes 3 and 4 by striking “ ( b-complex vitamin ) ( 1 ) ( D ) ” each rate such condition appears and inserting “ ( bel ) ( 1 ) ( E ) ” .

The Commentary to §2B1.5 caption “ Statutory Provisions ” is amended by striking “ 1152–1153, ” .

The Commentary to §2B2.1 caption “ Statutory Provisions ” is amended by striking “ 1153, ” .

The Commentary to §2H3.1 caption “ Statutory Provisions ” is amended by striking “ 1375a ( five hundred ) ( 3 ) ( C ), ( vitamin d ) ( 5 ) ( B ) ; ” and inserting “ 1375a ( vitamin d ) ( 5 ) ( B ) ( one ), ( two ) ; ” .

The Commentary to §2K1.4 caption “ Statutory Provisions ” is amended by striking “ 1153, ” .

The Commentary to §5D1.1 caption “ Application Notes ” is amended in Note 3 by adding at the end the trace :

“ ( D ) Domestic Violence.—If the defendant is convicted for the first prison term of a domestic ferocity crime as defined in 18 U.S.C. § 3561 ( b ), a term of supervised release is required by codified. See 18 U.S.C. § 3583 ( a ). Such a defendant is besides required by legislative act to attend an approved reclamation program, if available within a 50-mile radius of the legal residence of the defendant. See 18 U.S.C. § 3583 ( five hundred ) ; §5D1.3 ( a ) ( 3 ). In any early shell involving domestic violence or stalk in which the defendant is sentenced to captivity, it is highly recommended that a term of oversee acquittance besides be imposed. ” .

Appendix A ( Statutory Index ) is amended by striking the credit line referenced to 8 U.S.C. § 1375a ( d ) ( 3 ) ( C ), ( vitamin d ) ( 5 ) ( B ) and inserting the following new credit line references :

“ 8 U.S.C. § 1375a ( vitamin d ) ( 5 ) ( B ) ( one ) 2H3.1
8 U.S.C. § 1375a ( five hundred ) ( 5 ) ( B ) ( two ) 2H3.1
8 U.S.C. § 1375a ( vitamin d ) ( 5 ) ( B ) ( three ) 2B1.1 ” ;

in the credit line referenced to 18 U.S.C. § 113 ( a ) ( 1 ) by adding “, 2A3.1 ” at the end ;

in the line referenced to 18 U.S.C. § 113 ( a ) ( 2 ) by adding “, 2A3.2, 2A3.3, 2A3.4 ” at the end ;

after the line referenced to 18 U.S.C. § 113 ( a ) ( 3 ) by inserting the following new agate line character :

“ 18 U.S.C. § 113 ( a ) ( 4 ) 2A2.3 ” ;

after the line referenced to 18 U.S.C. § 113 ( a ) ( 7 ) by inserting the following new wrinkle character :

“ 18 U.S.C. § 113 ( a ) ( 8 ) 2A2.2 ” ;

by striking the lines referenced to 18 U.S.C. §§ 1152 and 1153 ;

by inserting after the credit line referenced to 18 U.S.C. § 1593A the following new line reference :

“ 18 U.S.C. § 1597 2X5.2 ” ; and

by striking the lines referenced to 18 U.S.C. § 2423 ( a ) and ( b-complex vitamin ) and inserting the following new line reference :

“ 18 U.S.C. § 2423 ( a ) – ( vitamin d ) 2G1.3 ” .

Reason for Amendment: This amendment responds to late statutory changes made by the Violence Against Women Reauthorization Act of 2013 ( the “ Act ” ), Pub. L. No. 113–4 ( March 7, 2013 ), which provided new and inflate criminal offenses and increased penalties for certain crimes pertaining to assault, sexual misuse, stalking, domestic violence, and human traffic .

The Act established fresh rape offenses and enhanced existing assault offenses at 18 U.S.C. § 113 ( Assaults within nautical and territorial jurisdiction ). In general, section 113 sets forth a roll of penalties for assaults within the special nautical and territorial jurisdiction of the United States. The legislative history of the Act indicates that Congress intended many of these changes to allow union prosecutors to address domestic violence against native american women more effectively. such violence often occurs in a series of incidents of escalating earnestness .

first, the amendment responds to changes in sections 113 ( a ) ( 1 ) and ( a ) ( 2 ). section 113 ( a ) ( 1 ) prohibits assault with purpose to commit murder, and the Act amended it to besides prohibit rape with captive to commit a rape of 18 U.S.C. §§ 2241 ( Aggravated sexual maltreatment ) or 2242 ( Sexual abuse ), with a statutory maximal term of imprisonment of 20 years. section 113 ( a ) ( 2 ) prohibits assault with intent to commit any felony except murder, and prior to the Act had besides excluded assault with purpose to commit a irreverence of chapter 109A, including sections 2241, 2242, 2243 ( sexual abuse of a minor or ward ) and 2244 ( Abusive sexual contact ), with a statutory maximum term of imprisonment of 10 years. The Act amended incision 113 ( a ) ( 2 ) to prohibit assault with purpose to commit any felony except murder or a violation of segment 2241 or 2242. The consequence of the statutory change is that an assault with intent to commit a irreverence of section 2243 or 2244 may now be prosecuted under segment 113 ( a ) ( 2 ). Offenses under section 2241 and 2242 are referenced to §2A3.1 ( Criminal Sexual Abuse ; Attempt to Commit Criminal Sexual Abuse ), and offenses under section 2243 and 2244 are referenced to §§2A3.2 ( Criminal Sexual Abuse of a Minor Under the Age of Sixteen Years ( Statutory Rape ) or Attempt to Commit Such Acts ) ; 2A3.3 ( Criminal Sexual Abuse of a Ward or Attempt to Commit Such Acts ) ; and 2A3.4 ( abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact ) .

The amendment amends Appendix A ( Statutory Index ) to reference the expanded offense conduct prohibited by 18 U.S.C. § 113 ( a ) ( 1 ) to §2A3.1 and to reference the expanded offense impart prohibited by 18 U.S.C. § 113 ( a ) ( 2 ) to §§2A3.2, 2A3.3, and 2A3.4. The Commission concluded that an assail offense committed with the intent to commit a intimate maltreatment umbrage is analogous to, and in some cases more good than, an attempted sexual pervert umbrage under chapter 109A, and the condemnable sexual maltreatment guidelines which apply to attempted sexual abuse offenses were consequently allow for this impart .

second, the Act increased the statutory maximum penalty for violations of 18 U.S.C. § 113 ( a ) ( 4 ) from six months to one class of imprisonment. section 113 ( a ) ( 4 ) prohibits an assail by striking, beat, or wounding. Because the crime had been categorized as a class B misdemeanor, Appendix A did not previously include a reference for section 113 ( a ) ( 4 ). The amendment adds such a reference to §2A2.3 ( Assault ). The Commission determined that §2A2.3 will provide appropriate punishment that is coherent with the statutory utmost term of imprisonment, while sufficiently addressing the possible levels of bodily harm that may result to victims in individual cases of assault by striking, beat, or hurt .

Third, the Act expanded 18 U.S.C. § 113 ( a ) ( 7 ), which prohibits assaults resulting in solid bodily injury to an individual who has not attained the age of sixteen years, to besides apply to assaults resulting in solid bodily injury to a spouse, intimate spouse, or dating spouse, and provides a statutory maximal term of imprisonment of five years. Offenses under part 113 ( a ) ( 7 ) are referenced in Appendix A to §2A2.3 ( Assault ). The amendment broadened the setting of §2A2.3 ( boron ) ( 1 ) ( B ), which provides a 4-level enhancement if the crime resulted in solid bodily injury to an individual under the age of sixteen years, to besides provide a 4-level enhancement if the offense resulted in significant bodily injury to a spouse, intimate partner, or dating partner. The Commission determined that because the expand assaultive impart of a victim of domestic ferocity has the like statutory maximum term of imprisonment, the lapp enhancement was warranted as for assaults of individuals under the old age of sixteen resulting in solid bodily wound .

fourth, the Act created a modern section 113 ( a ) ( 8 ) in claim 18, which prohibits the assault of a spouse, cozy collaborator, or dating partner by strangulation, suffocation, or attempting to strangle or suffocate, with a statutory maximum term of captivity of ten-spot years. After reviewing legislative history, public comment, testimony at a populace hear on February 13, 2014, and data, the Commission determined that strangulation and suffocation of a spouse, intimate partner, or dating partner represents a significant injury not addressed by existing guidelines and specific discourtesy characteristics .

gossip and testimony that the Commission received indicated that choking and suffocation in the domestic violence context is good behavior that warrants enhanced punishment careless of whether it results in a demonstrable injury that would lead to a bodily injury enhancement ; this impart harms victims physically and psychologically and can be a predictor of future serious or deadly violence. testimony and data besides indicated that cases of strangulation and suffocation much involve other bodily injury to a victim break from the strangulation and suffocation. Congress specifically addressed strangulation and suffocation in the domestic violence context, and testimony and data indicated that about all cases involving this impart occur in that context and that strangulation and suffocation is most harmful in such cases .

consequently, the amendment amends Appendix A to reference department 113 ( a ) ( 8 ) to §2A2.2 ( Aggravated Assault ) and amends the Commentary to §2A2.2 to provide that the term “ aggravated assault ” includes an assault involving strangulation, suffocation, or an undertake to strangle or suffocate. The amendment amends §2A2.2 to provide a 3-level enhancement at §2A2.2 ( b ) ( 4 ) for strangling, suffocating, or attempting to strangle or suffocate a spouse, intimate partner, or dating spouse. The amendment besides provides that the accumulative shock of the enhancement for use of a weapon at §2A2.2 ( boron ) ( 2 ), bodily injury at §2A2.2 ( boron ) ( 3 ), and choking or suffocation at §2A2.2 ( barn ) ( 4 ) is capped at 12 levels. The Commission determined that the cap would assure that these three specific offense characteristics, which data suggests coincide frequently, will enhance the ultimate sentence without leading to an excessively severe consequence .

Although the amendment refers section 113 ( a ) ( 8 ) offenses to §2A2.2, it besides amends §2A6.2 ( Stalking or domestic violence ) to address cases involving strangulation, suffocation, or attempting to strangle or suffocate, as a conform change. The amendment adds strangulation and suffocation as a new exacerbate factor at §2A6.2 ( barn ) ( 1 ), which results in a 2-level enhancement, or in a 4-level enhancement if it applies in junction with another aggravating gene such as bodily injury or the use of a weapon .

Fifth, the amendment removes the term “ minor rape ” from the Guidelines Manual. Misdemeanor assaults and other criminal assaults are referenced to §2A2.3, which anterior to this amendment was titled “ Minor Assault. ” Informed by public comment, the Commission determined that use of the term “ minor ” is inconsistent with the badness of the fundamental crimes and does a disservice to the victims and communities affected. therefore, the amendment changes the title of §2A2.3 to “ Assault, ” and it removes early references to “ minor rape ” from the Background and Commentary sections of §§2A2.2 and 2A2.3. This is a stylistic change that does not affect the application of §2A2.3 .

Sixth, the amendment amended the Commentary to §5D1.1 ( Imposition of a Term of Supervised Release ) to provide extra guidance on the imposition of oversee release for domestic ferocity and stalking offenders. The amendment describes the statutory requirements pursuant to 18 U.S.C. § 3583 ( a ) if a defendant is convicted for the first gear time of a domestic ferocity offense as defined in 18 U.S.C. § 3561 ( b ). Under section 3583, a terminus of supervised unblock is required, and the defendant is besides required to attend an approve rehabilitation broadcast if one is available within a 50-mile radius from the defendant ’ s residency .

The Commission received public gossip and testimony that supervised unblock should be recommended in every case of domestic violence and haunt, and the Commission ’ s sentencing data showed that in more than ninety percentage of the cases sentenced under §2A6.2, supervised publish was imposed. Based on this remark, testimony, and data, the amendment amends the Commentary to §5D1.1 to provide that in any early case involving either a domestic violence or a stalk umbrage, it is “ highly recommend ” that a condition of oversee free be imposed .

Seventh, the amendment responds to changes made by the Act amending the federal statutes related to stalking and domestic ferocity. For the crimes of interstate domestic violence ( 18 U.S.C. § 2261 ), stalking ( 18 U.S.C. § 2261A ), and interstate misdemeanor of a protective order ( 18 U.S.C. § 2262 ), the Act expanded the telescope of each offense to provide that a defendant ’ second mere presence in a special nautical or territorial jurisdiction is sufficient for purposes of satisfying the jurisdictional element of the crimes. The Act besides revised the banned demeanor set forth in section 2261A to now include stalking with intent to “ intimidate ” the victim, and it added the habit of an “ electronic communication service ” or “ electronic communication system ” as forbid means of committing the crime .

The amendment updates the definition of “ stalking ” in §2A6.2 to reflect these changes by tying the definition to the behavior described in 18 U.S.C. § 2261A. The Commission determined that such a change would simplify the application of §2A6.2, while besides ensuring that the definition of stalking remains consistent with any future statutory changes .

Eighth, the Act amended 8 U.S.C. § 1375a ( Regulation of external marriage brokers ) by reorganizing existing offenses and increasing the statutory maximal condition of imprisonment for knowing violations of the regulations concerning marriage brokers from one year to five years. The Act besides added a raw criminal provision for “ wittingly and with purpose to defraud another person outside of the United States in order to recruit, solicit, entice, or induce that person into entering a dating or marital relationship, ” making false or deceitful representations regarding the background data required to be provided to an international marriage brokers. The fresh crime has a statutory maximum term of captivity of one class. The amendment referenced this newly offense in Appendix A to §2B1.1 ( Larceny, Embezzlement, and other Forms of Theft ; Offenses Involving Stolen Property ; Property Damage or Destruction ; Fraud and Deceit ; Forgery ; Offenses involving Altered or Counterfeit Instruments early than Counterfeit Bearer Obligations of the United States ). The Commission concluded that §2B1.1 is the appropriate guideline because the elements of the raw umbrage include imposter and fraudulence. The amendment besides amended Appendix A by revising the other criminal subsections, which continue to be referred to §2H3.1 ( Interception of Communications ; Eavesdropping ; Disclosure of Certain Private or Protected data ), to accord with the reorganization of the legislative act .

Ninth, the Trafficking Victims Protection Reauthorization Act, passed as depart of the Act, included a provision expanding subsection ( c ) of 18 U.S.C. § 2423 ( Transportation of minors ), which had previously prohibited U.S. citizens or permanent residents who traveled afield from engaging in illicit sexual behave. After the Act, the lapp prohibition now besides applies to those individuals who reside temporarily or permanently in a foreign nation and engage in such behave. section 2423 contains four offenses, set forth in subsections ( a ) through ( five hundred ), each of which prohibits sexual conduct with minors. Prior to the amendment, Appendix A referenced sections 2423 ( a ) and 2423 ( b ) to §2G1.3 ( Commercial Sex Act or Prohibited sexual Conduct with a Minor ; Transportation of Minors ; Travel to Engage in commercial sex or Prohibited sexual Conduct with a Minor ; Sex Trafficking of Children ), but provided no reference for sections 2423 ( c ) or 2423 ( vitamin d ), which prohibits format, induce, procure, or facilitating the travel of a person for illicit sexual conduct, for the purpose of commercial advantage or fiscal amplification. Both subsections ( deoxycytidine monophosphate ) and ( five hundred ) provide a 30 class statutory maximal term of imprisonment .

The amendment adds references in Appendix A for 18 U.S.C. §§ 2423 ( hundred ) and ( five hundred ). Based on the seriousness of the banned demeanor, the asperity of the penalties, and the vulnerability of the victims involved, the Commission concluded that 18 U.S.C. §§ 2423 ( coulomb ) and ( vitamin d ) should besides be referenced in Appendix A to §2G1.3 .

Tenth, the Act created a new class A misdemeanor offense at 18 U.S.C. § 1597 prohibiting the knowing end, screen, confiscation or possession of an actual or aim recommendation or other immigration documents of another individual if done in the course of violating or with the intent to violate 18 U.S.C. § 1351, relating to imposter in foreign labor movement condense, or 8 U.S.C. § 1324, relating to bringing in or harboring certain aliens. The new offense besides prohibits this conduct if it is done in order to, without lawful agency, observe, prevent, or restrict the labor or services of the individual, and the knowing obstruction, try to obstruct, or intervention with or prevention of the enforcement of section 1597. section 1597 has a statutory maximal term of imprisonment of one year .

The amendment references this misdemeanor offense to §2X5.2 ( Class A Misdemeanors ( not Covered by Another Specific Offense Guideline ) ). This mention comports with the Commission ’ s purpose when it promulgated §2X5.2, as stated in Amendment 685 ( effective November 1, 2006 ), that the Commission will reference new Class A misdemeanor offenses either to §2X5.2 or to another, more specific Chapter Two guideline, if allow. The Commission determined that with a base umbrage level of 6, §2X5.2 covers the range of sentencing possibilities that are available for defendants convicted of this crime, careless of their criminal history. The Commission may consider referencing section 1597 to another substantial guidepost in the future after more information becomes available regarding the type of conduct that constitutes the typical irreverence and the worsen or mitigating factors that may apply .

last, the amendment removes from Appendix A the road map references for two jurisdictional statutes in title 18 related to crimes committed within indian country. incision 1152, besides known as the General Crimes Act, grants federal legal power for union offenses committed by non‑Indians within indian nation. segment 1153, besides known as the Major Crimes Act, grants federal legal power over Indians who commit certain count offenses within indian country. The Act expanded section 1153 to include any felony assault under part 113. Because sections 1152 and 1153 are simply jurisdictional statutes that do not provide substantial offenses, the Commission determined there is no want for Appendix A to provide a guidelines reference book for those statutes .

Effective Date: The effective date of this amendment is November 1, 2014.