2009 FEDERAL SENTENCING GUIDELINES MANUAL


CHAPTER 2 - PART H - OFFENSES INVOLVING INDIVIDUAL RIGHTS


2.      POLITICAL RIGHTS


§2H2.1.      Obstructing an Election or Registration


                   (a)       Base Offense Level (Apply the greatest):


                               (1)       18, if the obstruction occurred by use of force or threat of force against person(s) or property; or


                               (2)       12, if the obstruction occurred by forgery, fraud, theft, bribery, deceit, or other means, except as provided in (3) below; or


                               (3)       6, if the defendant (A) solicited, demanded, accepted, or agreed to accept anything of value to vote, refrain from voting, vote for or against a particular candidate, or register to vote, (B) gave false information to establish eligibility to vote, or (C) voted more than once in a federal election.


Commentary


Statutory Provisions: 18 U.S.C. §§ 241, 242, 245(b)(1)(A), 592, 593, 594, 597, 1015(f); 42 U.S.C. §§ 1973i, 1973j(a), (b). For additional statutory provision(s), see Appendix A (Statutory Index).


Application Note:


1.      If the offense resulted in bodily injury or significant property damage, or involved corrupting a public official, an upward departure may be warranted. See Chapter Five, Part K (Departures).


Background: Alternative base offense levels cover three major ways of obstructing an election: by force, by deceptive or dishonest conduct, or by bribery. A defendant who is a public official or who directs others to engage in criminal conduct is subject to an enhancement from Chapter Three, Part B (Role in the Offense).


Historical Note: Effective November 1, 1987. Amended effective November 1, 1989 (see Appendix C, amendment 168); November 1, 1995 (see Appendix C, amendment 534); November 1, 2003 (see Appendix C, amendment 661).