U.S.S.G. §2Q1.4

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

(1) 26;

(2) 22, if the offense involved (A) a threat to tamper with a public water

system; and (B) any conduct evidencing an intent to carry out the

threat; or

(3) 16, if the offense involved a threat to tamper with a public water system but did not involve any conduct evidencing an intent to carry out

the threat.

(b) Specific Offense Characteristics

(1) If (A) any victim sustained permanent or life-threatening bodily injury, increase by 4 levels; (B) any victim sustained serious bodily injury, increase by 2 levels; or (C) the degree of injury is between that

specified in subdivisions (A) and (B), increase by 3 levels.

(2) If the offense resulted in (A) a substantial disruption of public, governmental, or business functions or services; or (B) a substantial expenditure of funds to clean up, decontaminate, or otherwise respond

to the offense, increase by 4 levels.

(3) If the offense resulted in an ongoing, continuous, or repetitive release

of a contaminant into a public water system or lasted for a substantial

period of time, increase by 2 levels.

(c) Cross References

(1) If the offense resulted in death, apply §2A1.1 (First Degree Murder) if

the death was caused intentionally or knowingly, or §2A1.2 (Second

Degree Murder) in any other case, if the resulting offense level is

greater than that determined above.

(2) If the offense was tantamount to attempted murder, apply §2A2.1 (Assault with Intent to Commit Murder; Attempted Murder) if the resulting offense level is greater than that determined above.

(3) If the offense involved extortion, apply §2B3.2 (Extortion by Force or

Threat of Injury or Serious Damage) if the resulting offense level is

greater than that determined above.

(d) Special Instruction

(1) If the defendant is convicted of a single count involving (A) the death

or permanent, life-threatening, or serious bodily injury of more than

one victim; or (B) conduct tantamount to the attempted murder of

more than one victim, Chapter Three, Part D (Multiple Counts) shall

be applied as if the defendant had been convicted of a separate count

for each such victim.

Commentary

Statutory Provision: 42 U.S.C. § 300i-1.

Application Notes:

1. Definitions.—For purposes of this guideline, “permanent or life-threatening bodily injury”

and “serious bodily injury” have the meaning given those terms in Note 1 of the Commentary

to §1B1.1 (Application Instructions).

2. Application of Special Instruction.—Subsection (d) applies in any case in which the defendant is convicted of a single count involving (A) the death or permanent, life-threatening, or serious bodily injury of more than one victim; or (B) conduct tantamount to the attempted murder of

more than one victim, regardless of whether the offense level is determined under this guideline

or under another guideline in Chapter Two (Offense Conduct) by use of a cross reference under

subsection (c).