Chapter 2 Adjustments - §2Q1.4

Set base offense level and special offense characteristics (SOCs).

Tampering or Attempted Tampering with a Public Water System; Threatening to Tamper with a Public Water System

§1B1.2(a) Is this the right guideline? A plea stipulation to a more serious offense changes it.

The guideline this page applies is the one Appendix A gives for the offense of CONVICTION. §1B1.2(a) makes one exception: where a plea agreement contains a stipulation that specifically establishes a MORE SERIOUS offense, the Chapter Two guideline for the stipulated offense is the one to use. Litix does not detect that; if it applies, choose the stipulated offense’s guideline here instead.

Determine the offense guideline section in Chapter Two (Offense Conduct) applicable to the offense of conviction (i.e., the offense conduct charged in the count of the indictment or information of which the defendant was convicted). However, in the case of a plea agreement (written or made orally on the record) containing a stipulation that specifically establishes a more serious offense than the offense of conviction, determine the offense guideline section in Chapter Two applicable to the stipulated offense. Refer to the Statutory Index (Appendix A) to determine the Chapter Two offense guideline, referenced in the Statutory Index for the offense of conviction. If the offense involved a conspiracy, attempt, or solicitation, refer to §2X1.1 (Attempt, Solicitation, or Conspiracy) as well as the guideline referenced in the Statutory Index for the substantive offense. For statutory provisions not listed in the Statutory Index, use the most analogous guideline. See §2X5.1 (Other Offenses). The guidelines do not apply to any count of conviction that is a Class B or C misdemeanor or an infraction. See §1B1.9 (Class B or C Misdemeanors and Infractions).

Nov. 1, 2025 Manual, printed p. 9 (PDF page 17)

§1B1.2, comment. (n.1)

A factual statement or a stipulation contained in a plea agreement (written or made orally on the record) is a stipulation for purposes of subsection (a) only if both the defendant and the government explicitly agree that the factual statement or stipulation is a stipulation for such purposes. However, a factual statement or stipulation made after the plea agreement has been entered, or after any modification to the plea agreement has been made, is not a stipulation for purposes of subsection (a). The sentence that shall be imposed is limited, however, to the maximum authorized by the statute under which the defendant is convicted.

Base Offense Level

Apply the Greatest

This guideline directs the court to apply the GREATEST of the alternatives below that apply to the case — not simply the first one that fits. Work out every applicable alternative and select the highest.

(1)
in any case (subsection (a)(1) states no condition)
Level 26
(2)
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
Not less than level 26
Level 22
(3)
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
Not less than level 26
Level 16

The total offense level appears here once a base offense level is established above. It is not 0: 0 is not a valid offense level.

Statutory Provisions:

  • 42 U.S.C. § 300i-1

Special Offense Characteristics:

Check the characteristics that apply to calculate the total offense level.

Tick this characteristic to choose one of the options below.

+4 levels
+2 levels

Cross References:

If the offense resulted in death:
Apply 2A1.1or2A1.2
§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.
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.
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.

Special Instructions:

  • (d)(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.