Groening, Stefan: Statutes

Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking. [Effective October 1, 2017]

Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum prison terms.

Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.

Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence. Guns and Minimum Mandatory

Sex/Child Pornography Offenses Mandatory Minimums

Imposition of a sentence; gives guidelines for the federal sentencing

Contains the sentencing table with the amount of points vs the minimum prison sentence.

Drug trafficking; Varying mandatory minimums from 5 years to Life with varying amounts of drugs.

Attempt and conspiracy; Subject to the same penalties as those prescribed for the offense;

Continuing criminal enterprise (CCE) (1st 20 Years, 2nd 30 Years); Acting as principal administrator, organizer, or leader (“kingpin”) of CCE (Life); Engaged in a CCE and intentionally kills an individual or law enforcement officer (20 Years).

Distribution to persons under age twenty-one; First Offense 1 year or the minimum required by 21 U.S.C. § 841(b), whichever is longer; Second Offence 1 year or the minimum required by 21 U.S.C. § 841(b), whichever is longer.

Distribution or manufacturing in or near schools and colleges; First offense, 1 year or the minimum required by 21 U.S.C. §841(b), whichever is longer; Second offense,3 years or the minimum required by 21 U.S.C. §841(b), whichever is longer; Third offense, the minimum required by 21 U.S.C. § 841(b)(1)(A).

Employment or use of persons under 18 years of age in drug operations; First offense 1 year; Second offense 1 year; Third offense the minimum required by 21 U.S.C. § 841(b)(1)(A); Knowingly or intentionally distributing a controlled substance to a pregnant
individual, 1 year.

Prohibited acts A; unlawful import or export, no death or serious bodily injury results; unlawful import or export, death or serious bodily injury results; Ranging in amount of offenses from 5 years to life.

Attempt and conspiracy; Any person who attempts or conspires to commit any offense defined in this title shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

Penalties;1st offense, using or carrying a firearm during a crime of violence or drug trafficking crime 5 years, added to sentence for underlying crime; 1st offense, brandishing a firearm during a crime of violence or drug trafficking crime 7 years, added to sentence for underlying crime; 1st offense, discharging a firearm during a crime of violence or drug trafficking crime 10 years, added to sentence for underlying crime; 1st offense, firearm is a short-barreled rifle, short-barreled shotgun 10 years, added to sentence for underlying crime; 1st offense, firearm is a machinegun or destructive device or the firearm is equipped with a silencer or muffler 30 years, added to sentence for underlying crime.

Use of restricted ammunition; Carrying firearm during violent crime/drug trafficking 5 years, added to sentence for underlying crime

Bringing in and harboring certain aliens; 1st or 2nd offense, bringing in or harboring certain aliens with the intent or with reason to believe that the unlawful alien will commit a felony, 3 years; 3rd or subsequent offense, bringing in or harboring certain aliens where the offense was committed with the intent or with reason to believe that the unlawful alien will commit a felony, 5 years; 1st or 2nd offense, bringing in or harboring certain aliens where the offense was committed for the purpose of commercial advantage or private financial gain 3 years; 3rd or subsequent offense, bringing in or harboring certain aliens where the offense was committed for the purpose of commercial advantage or private financial gain; Reentry of an alien removed on national security grounds, 10 years.

Fraud and related activity in connection with identification documents, authentication features, and information; Aggravated identity theft, 2 years, added to sentence for underlying crime; Aggravated identity theft in relation to any offense listed at 18 USC § 2332b(g)(5)(B) (Federal Crime of Terrorism), 5 years, added to sentence for underlying crime.

Sex trafficking of children or by force, fraud, or coercion; Sex trafficking of children under the age of 14 by force, fraud or coercion, 15 years; Sex trafficking of children, over the age of 14 but below the age of 18, by force, fraud or coercion, 10 years.

Sexual exploitation of children; Sale of a child by a parent or legal guardian for the purpose of sexual exploitation, 30 years; Purchasing a child for the purpose of sexual exploitation, 30 years.

Aggravated sexual abuse; Engaging in a sexual act with a child under the age of 12, or engaging in a sexual act by force with a child who is above the age of 12, but under the age of 16; 1st offense,30 years or life; if offender has a prior child sex offense conviction, Life.

Failure to register; Fails to register as a sex offender and commits a crime of violence, 5 years, added to the sentence for the crime of violence.

Engaging in the business of selling or transferring obscene matter; Production/possession/receipt/transport of obscene visual representations of the sexual abuse of Children; 1st offense, 5 years; if offender has a prior child sex/porn offense conviction, 15 years.

Sexual exploitation of children; Engaging in explicit conduct with a child for the purpose of producing any visual depiction of such conduct: 1st offense, 15 years; if offender has a prior child sex/porn offense conviction, 25 years; if offender has 2+ prior child sex/porn offense convictions, 35 years; if death results, 30 years.

Certain activities relating to material involving the sexual exploitation of minors; Knowing interstate transportation, shipment, selling, or possession with intent to sell visual depictions of a minor engaging in sexually explicit conduct; 1st offense, 5 years ;if offender has a prior child sex/porn offense conviction, 15 years; Knowing receipt OR distribution of visual depictions of a minor engaging in sexually explicit Conduct; 1st offense, 5 years; if offender has a prior child sex/porn offense conviction, 15 years.

Record keeping requirements; Failure to keep records of sexually explicit depictions, 2 years.

Production of sexually explicit depictions of a minor for importation into the United States;Use of a minor in the production of sexually explicit depictions of a minor for importation into the United States; 1st offense, 15 years; if offender has a prior child sex/porn offense conviction, 25 years; if offender has 2+ prior child sex/porn offense convictions, 35 years; if death results, 30 years.

Coercion and enticement; Coercion or attempted coercion, using mail or any facility of interstate commerce, of a minor for illegal sexual activity, 10 years.

Transportation of minors; Transporting a minor across state lines for the purpose of prostitution or another sexual activity which can be charged as a criminal offense, 10 years; Attempt or conspiracy to transport a minor across state lines for the purpose of prostitution or another sexual activity which can be charged as a criminal offense, 10 years.

Sentencing classification of offenses; If a federal sex offense is committed against a minor, and the offender has a prior sex conviction in which a minor was the victim, Life.

Upon conviction for a serious violent felony, if offender has;(1) two or more prior serious violent felony convictions, OR
(2) one or more prior serious violent felony convictions and one or more prior
serious drug offense convictions, Life.

Prohibition of possession, manufacture, sale, and importation of ballistic knives; Possession/use of a ballistic knife during commission of federal crime of violence; 5 years

Prohibited activities; Develop/produce/acquires/transfer/possess/use any chemical weapon that results in the death of another person, Death or life.

Destruction of motor vehicles or motor vehicle facilities; Causing or conspiring to cause damage to or destruction of a motor vehicle carrying high-level radioactive waste or spent nuclear fuel with intent to endanger safety of person, 30 years.

Penalties:
Maliciously damages, or attempts to damage, property of the U.S. by means of fire or explosives, 5 years; If crime causes personal injury or creates a substantial risk of personal injury to any person; 7 years; If death results, 20 years.
1st offense involving the use of fire or explosives to commit a felony,10 years, added to sentence for underlying crime; 2nd or subsequent offense involving the use of fire or explosives to commit a felony, 20 years, added to sentence for underlying crime
Use of fire or explosives to destroy property used in interstate commerce, 5 years; If personal injury results to any person, 7 years.
1st offense involving the transfer of explosive materials to be used to commit crime of violence or drug trafficking crime, 10 years, added to sentence for underlying crime; 2nd or subsequent offense involving the transfer of explosive materials to be used to commit crime of violence or drug trafficking crime, 20 years, added to sentence for underlying crime.

Violation of specific sections:
Violation of prohibitions governing atomic weapons; no death resulting, 25 years;
Using, attempting to use, or threatening while possessing, an atomic weapon, 30 years;
Violation of prohibitions governing atomic weapons; death of another resulting, Life.

Aircraft piracy:
Committing or attempting or conspiring to commit aircraft piracy in special aircraft jurisdiction of the United States; no death of another individual, 20 years;
Committing or attempting or conspiring to commit aircraft piracy in special aircraft jurisdiction of the United States; resulting in death of another individual, Death or life;
Violation of Convention for the Suppression of Unlawful Seizure of Aircraft outside special aircraft jurisdiction of United States; no death of another individual, 20 years;
Violation of Convention for the Suppression of Unlawful Seizure of Aircraft outside special aircraft jurisdiction of United States; resulting in death of another individual, Death or life;
Application of certain criminal laws to acts on aircraft if in special maritime and territorial jurisdiction of the United States, Mandatory minimum for the underlying offense is imposed.

Murder; 1st degree murder, Death or life.

Possession of firearms and dangerous weapons in Federal facilities; 1st degree murder involving the possession or use of a firearm or other dangerous weapon in a Federal Facility, Death or life.

Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member; 1st degree murder of a federal official's family member, Death or life.

Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault; penalties; 1st degree murder of a member of Congress, Cabinet, or Supreme Court, Death or Life.

Protection of officers and employees of the United States; 1st degree murder of federal officers, Death or Life.

Murder or manslaughter of foreign officials, official guests, or internationally protected persons; 1st degree murder of foreign officials, official guests, or internationally protected persons, Death or Life

Murder by a Federal prisoner; Murder in a federal correctional facility by inmate sentenced to a term of life imprisonment, Death or Life.

Foreign murder of United States nationals; 1st degree murder of a U.S. national by a U.S. national while outside the United States, Death or Life.

Murder by escaped prisoners; Murder committed by a person who escaped from a Federal correctional institute, Death or Life.

Killing persons aiding Federal investigations or State correctional officers; 1st degree murder of a state or local law enforcement officer or any person assisting in a federal criminal investigation, Death or Life;
Killing of a state correctional officer by an inmate,20 years

Influencing or injuring officer or juror generally; 1st degree murder of an officer of the court or a juror, Death or life.

Tampering with a witness, victim, or an informant; 1st degree murder of any person with the intent to prevent their attendance or testimony in an official proceeding, Death or life.

Use of interstate commerce facilities in the commission of murder-for-hire; Causing death through the use of interstate commerce facilities in the commission of a murder-for-hire, Death or life.

Presidential and Presidential staff assassination, kidnapping, and assault; penalties; Killing the President of the United States, the next in the order of succession to the Office of the President, or any person who is acting as the President of the United States; or any person employed in the Executive Office of the President or Office of the Vice President, Life.

Sentencing classification of offenses; Murder of a child less than 18 years of age 2006 30 years; death or life if the death meets any of the criteria in 18 USC §3591(a)(2)(A)-(D)

Refusal of witness to testify or produce papers; Refusing to testify before Congress,1 month.

Penalty for failure to appear, testify, or produce documents; Failure to appear, testify, or produce documents when subpoenaed for contested election case before Congress, 1 month.

Violations generally; punishment; costs of prosecution; Disobeying cease and desist order by registered entity, 6 months;

Kidnapping; Kidnapping of a minor (under the age of eighteen), 20 years.

Hostage taking; Hostage taking resulting in the death of any person, Death or life.

Sentencing classification of offenses; Kidnapping or maiming a child under 18 years of age, 25 years, unless a longer mandatory minimum applies.

Bank robbery and incidental crimes; Bank robbery; avoiding apprehension for bank robbery; escaping custody after a bank robbery; causing death in the course of a bank robbery, 10 years; when death results, death or life.

Limitation on Applicability of Statutory Minimum Sentences in Certain Cases

Substantial Assistance to Authorities (Policy Statement).