Chapter 2 Adjustments

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

Total Offense Level:8

Selected Guideline: 2B5.3 - Criminal Infringement of Copyright or Trademark

Total Offense Level:8

Statutory Provisions:

17 U.S.C. §§ 506(a), 1201, 1204
18 U.S.C. §§ 2318–2320, 2511. For additional statutory provision(s), see Appendix A (Statutory Index). §2B5.3

Special Offense Characteristics:

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

the infringement amount

Option A: exceeded $2,500 but did not exceed $6,500 +1 levels

Option B: exceeded $6,500, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount undefined levels

the offense involved the display, performance, publication, reproduction, or distribution of a work being prepared for commercial distribution

+2 levels

the

+2 levels (min level 12)

Option A: offense involved the manufacture, importation, or uploading of infringing items undefined levels

Option B: defendant was convicted under 17 U.S.C. §§ 1201 and 1204 for trafficking in circumvention devices undefined levels

the offense was not committed for commercial advantage or private financial gain

-2 levels (min level 8)

the offense involved a drug that uses a counterfeit mark on or in connection with the drug

+2 levels

the offense involved

+2 levels (min level 14)

Option A: the conscious or reckless risk of death or serious bodily injury undefined levels

Option B: possession of a dangerous weapon (including a firearm) in connection with the offense undefined levels

the offense involved a counterfeit military good or service the use, malfunction, or failure of which is likely to cause

+2 levels (min level 14)

Option A: the disclosure of classified information undefined levels

Option B: impairment of combat operations undefined levels

Option C: other significant harm to (i) a combat operation, (ii) a member of the Armed Forces, or (iii) national security undefined levels

Chapter 2 Offense Level Calculation:

Base Offense Level:0

Current Total:8

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