18 U.S.C. § 3559 : US Code - Section 3559: Sentencing classification of offenses

Search 18 U.S.C. § 3559 : US Code - Section 3559: Sentencing classification of offenses

(a) Classification. - An offense that is not specifically
classified by a letter grade in the section defining it, is
classified if the maximum term of imprisonment authorized is -
(1) life imprisonment, or if the maximum penalty is death, as a
Class A felony;
(2) twenty-five years or more, as a Class B felony;
(3) less than twenty-five years but ten or more years, as a
Class C felony;
(4) less than ten years but five or more years, as a Class D
felony;
(5) less than five years but more than one year, as a Class E
felony;
(6) one year or less but more than six months, as a Class A
misdemeanor;
(7) six months or less but more than thirty days, as a Class B
misdemeanor;
(8) thirty days or less but more than five days, as a Class C
misdemeanor; or
(9) five days or less, or if no imprisonment is authorized, as
an infraction.
(b) Effect of Classification. - Except as provided in subsection
(c), an offense classified under subsection (a) carries all the
incidents assigned to the applicable letter designation, except
that the maximum term of imprisonment is the term authorized by the
law describing the offense.
(c) Imprisonment of Certain Violent Felons. -
(1) Mandatory life imprisonment. - Notwithstanding any other
provision of law, a person who is convicted in a court of the
United States of a serious violent felony shall be sentenced to
life imprisonment if -
(A) the person has been convicted (and those convictions have
become final) on separate prior occasions in a court of the
United States or of a State of -
(i) 2 or more serious violent felonies; or
(ii) one or more serious violent felonies and one or more
serious drug offenses; and
(B) each serious violent felony or serious drug offense used
as a basis for sentencing under this subsection, other than the
first, was committed after the defendant's conviction of the
preceding serious violent felony or serious drug offense.
(2) Definitions. - For purposes of this subsection -
(A) the term "assault with intent to commit rape" means an
offense that has as its elements engaging in physical contact
with another person or using or brandishing a weapon against
another person with intent to commit aggravated sexual abuse or
sexual abuse (as described in sections 2241 and 2242);
(B) the term "arson" means an offense that has as its
elements maliciously damaging or destroying any building,
inhabited structure, vehicle, vessel, or real property by means
of fire or an explosive;
(C) the term "extortion" means an offense that has as its
elements the extraction of anything of value from another
person by threatening or placing that person in fear of injury
to any person or kidnapping of any person;
(D) the term "firearms use" means an offense that has as its
elements those described in section 924(c) or 929(a), if the
firearm was brandished, discharged, or otherwise used as a
weapon and the crime of violence or drug trafficking crime
during and relation to which the firearm was used was subject
to prosecution in a court of the United States or a court of a
State, or both;
(E) the term "kidnapping" means an offense that has as its
elements the abduction, restraining, confining, or carrying
away of another person by force or threat of force;
(F) the term "serious violent felony" means -
(i) a Federal or State offense, by whatever designation and
wherever committed, consisting of murder (as described in
section 1111); manslaughter other than involuntary
manslaughter (as described in section 1112); assault with
intent to commit murder (as described in section 113(a));
assault with intent to commit rape; aggravated sexual abuse
and sexual abuse (as described in sections 2241 and 2242);
abusive sexual contact (as described in sections 2244(a)(1)
and (a)(2)); kidnapping; aircraft piracy (as described in
section 46502 of Title 49); robbery (as described in section
2111, 2113, or 2118); carjacking (as described in section
2119); extortion; arson; firearms use; firearms possession
(as described in section 924(c)); or attempt, conspiracy, or
solicitation to commit any of the above offenses; and
(ii) any other offense punishable by a maximum term of
imprisonment of 10 years or more that has as an element the
use, attempted use, or threatened use of physical force
against the person of another or that, by its nature,
involves a substantial risk that physical force against the
person of another may be used in the course of committing the
offense;
(G) the term "State" means a State of the United States, the
District of Columbia, and a commonwealth, territory, or
possession of the United States; and
(H) the term "serious drug offense" means -
(i) an offense that is punishable under section
401(b)(1)(A) or 408 of the Controlled Substances Act (21
U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of the
Controlled Substances Import and Export Act (21 U.S.C.
960(b)(1)(A)); or
(ii) an offense under State law that, had the offense been
prosecuted in a court of the United States, would have been
punishable under section 401(b)(1)(A) or 408 of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or
section 1010(b)(1)(A) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(b)(1)(A)).
(3) Nonqualifying felonies. -
(A) Robbery in certain cases. - Robbery, an attempt,
conspiracy, or solicitation to commit robbery; or an offense
described in paragraph (2)(F)(ii) shall not serve as a basis
for sentencing under this subsection if the defendant
establishes by clear and convincing evidence that -
(i) no firearm or other dangerous weapon was used in the
offense and no threat of use of a firearm or other dangerous
weapon was involved in the offense; and
(ii) the offense did not result in death or serious bodily
injury (as defined in section 1365) to any person.
(B) Arson in certain cases. - Arson shall not serve as a
basis for sentencing under this subsection if the defendant
establishes by clear and convincing evidence that -
(i) the offense posed no threat to human life; and
(ii) the defendant reasonably believed the offense posed no
threat to human life.
(4) Information filed by united states attorney. - The
provisions of section 411(a) of the Controlled Substances Act (21
U.S.C. 851(a)) shall apply to the imposition of sentence under
this subsection.
(5) Rule of construction. - This subsection shall not be
construed to preclude imposition of the death penalty.
(6) Special provision for indian country. - No person subject
to the criminal jurisdiction of an Indian tribal government shall
be subject to this subsection for any offense for which Federal
jurisdiction is solely predicated on Indian country (as defined
in section 1151) and which occurs within the boundaries of such
Indian country unless the governing body of the tribe has elected
that this subsection have effect over land and persons subject to
the criminal jurisdiction of the tribe.
(7) Resentencing upon overturning of prior conviction. - If the
conviction for a serious violent felony or serious drug offense
that was a basis for sentencing under this subsection is found,
pursuant to any appropriate State or Federal procedure, to be
unconstitutional or is vitiated on the explicit basis of
innocence, or if the convicted person is pardoned on the explicit
basis of innocence, the person serving a sentence imposed under
this subsection shall be resentenced to any sentence that was
available at the time of the original sentencing.
(d) Death or Imprisonment for Crimes Against Children. -
(1) In general. - Subject to paragraph (2) and notwithstanding
any other provision of law, a person who is convicted of a
Federal offense that is a serious violent felony (as defined in
subsection (c)) or a violation of section 2422, 2423, or 2251
shall, unless the sentence of death is imposed, be sentenced to
imprisonment for life, if -
(A) the victim of the offense has not attained the age of 14
years;
(B) the victim dies as a result of the offense; and
(C) the defendant, in the course of the offense, engages in
conduct described in section 3591(a)(2).
(2) Exception. - With respect to a person convicted of a
Federal offense described in paragraph (1), the court may impose
any lesser sentence that is authorized by law to take into
account any substantial assistance provided by the defendant in
the investigation or prosecution of another person who has
committed an offense, in accordance with the Federal Sentencing
Guidelines and the policy statements of the Federal Sentencing
Commission pursuant to section 994(p) of title 28, or for other
good cause.
(e) Mandatory Life Imprisonment for Repeated Sex Offenses Against
Children. -
(1) In general. - A person who is convicted of a Federal sex
offense in which a minor is the victim shall be sentenced to life
imprisonment if the person has a prior sex conviction in which a
minor was the victim, unless the sentence of death is imposed.
(2) Definitions. - For the purposes of this subsection -
(A) the term "Federal sex offense" means an offense under
section 2241 (relating to aggravated sexual abuse), 2242
(relating to sexual abuse), 2244(a)(1) (relating to abusive
sexual contact), 2245 (relating to sexual abuse resulting in
death), 2251 (relating to sexual exploitation of children),
2251A (relating to selling or buying of children), 2422(b)
(relating to coercion and enticement of a minor into
prostitution), or 2423(a) (relating to transportation of
minors);
(B) the term "State sex offense" means an offense under State
law that is punishable by more than one year in prison and
consists of conduct that would be a Federal sex offense if, to
the extent or in the manner specified in the applicable
provision of this title -
(i) the offense involved interstate or foreign commerce, or
the use of the mails; or
(ii) the conduct occurred in any commonwealth, territory,
or possession of the United States, within the special
maritime and territorial jurisdiction of the United States,
in a Federal prison, on any land or building owned by, leased
to, or otherwise used by or under the control of the
Government of the United States, or in the Indian country (as
defined in section 1151);
(C) the term "prior sex conviction" means a conviction for
which the sentence was imposed before the conduct occurred
constituting the subsequent Federal sex offense, and which was
for a Federal sex offense or a State sex offense;
(D) the term "minor" means an individual who has not attained
the age of 17 years; and
(E) the term "State" has the meaning given that term in
subsection (c)(2).
(3) Nonqualifying Felonies. - An offense described in section
2422(b) or 2423(a) shall not serve as a basis for sentencing
under this subsection if the defendant establishes by clear and
convincing evidence that -
(A) the sexual act or activity was consensual and not for the
purpose of commercial or pecuniary gain;
(B) the sexual act or activity would not be punishable by
more than one year in prison under the law of the State in
which it occurred; or
(C) no sexual act or activity occurred.
(f)(1) If a defendant who is convicted of a felony offense (other
than offense of which an element is the false registration of a
domain name) knowingly falsely registered a domain name and
knowingly used that domain name in the course of that offense, the
maximum imprisonment otherwise provided by law for that offense
shall be doubled or increased by 7 years, whichever is less.
(2) As used in this section -
(A) the term "falsely registers" means registers in a manner
that prevents the effective identification of or contact with the
person who registers; and
(B) the term "domain name" has the meaning given that term is
(!1) section 45 of the Act entitled "An Act to provide for the
registration and protection of trademarks used in commerce, to
carry out the provisions of certain international conventions,
and for other purposes" approved July 5, 1946 (commonly referred
to as the "Trademark Act of 1946") (15 U.S.C. 1127).