U.S.S.G. §3A1.5

If the defendant was convicted of a serious human rights offense, increase the

offense level as follows:

(a) If the defendant was convicted of an offense under 18 U.S.C. § 1091(c), increase by 2 levels.

(b) If the defendant was convicted of any other serious human rights offense,

increase by 4 levels. If (1) death resulted, and (2) the resulting offense level

is less than level 37, increase to level 37.

Commentary

Application Notes:

1. Definition.—For purposes of this guideline, “serious human rights offense” means violations

of federal criminal laws relating to genocide, torture, war crimes, and the use or recruitment of

child soldiers under sections 1091, 2340, 2340A, 2441, and 2442 of title 18, United States Code.

See 28 U.S.C. § 509B(e).

2. Application of Minimum Offense Level in Subsection (b).—The minimum offense level in

subsection (b) is cumulative with any other provision in the guidelines. For example, if death

resulted and this factor was specifically incorporated into the Chapter Two offense guideline, the

minimum offense level in subsection (b) may also apply.

Background: This guideline covers a range of conduct considered to be serious human rights offenses,

including genocide, war crimes, torture, and the recruitment or use of child soldiers. See generally

28 U.S.C. § 509B(e).

Serious human rights offenses generally have a statutory maximum term of imprisonment of

20 years, but if death resulted, a higher statutory maximum term of imprisonment of any term of years

or life applies. See 18 U.S.C. §§ 1091(b), 2340A(a), 2442(b). For the offense of war crimes, a statutory

maximum term of imprisonment of any term of years or life always applies. See 18 U.S.C. § 2441(a).

For the offense of incitement to genocide, the statutory maximum term of imprisonment is five years.

See 18 U.S.C. § 1091(c).