Guidelines Manual, Chapter TwoFY2018–FY2025
§2A3.1
Criminal sexual abuse · 0.2% of federal cases · Guidelines Manual
The datafile contains cases reported to the Commission with sentencing documents. Sentence length statistics use the Commission's capped variable (sentences of 470 months or longer, including life, are recorded as 470 months) and exclude sentences of probation or a fine only. Figures are aggregates of past cases and are not a prediction for any case.
§ 1Length of prison terms
Interquartile range 102–293 months; mean 203. 98 cases at the 470-month cap.
§ 2Summary
§2A3.1 (criminal sexual abuse) was the primary guideline in 989 cases sentenced across 8 fiscal years (FY2018–FY2025), 0.2% of all cases, with 135 in FY2025. The Commission classes most of them as sex abuse.
The median prison term under §2A3.1 was 173 months (14 yr 5 mo) (all cases nationally: 24 months); — of cases carried a prison term.
41% of sentences were within the guideline range. Of the rest, 32% were below the range on a government motion, 21% below it for other reasons and 6% above it. The departure and variance table below uses the Commission's nine SENTRNGE categories.
FY2025 had more cases than FY2018 (135 against 91). The median prison term was about the same in FY2025 as in FY2018.
§ 3Departures and variances
Within guideline range 41%Above range 6%Below range, government sponsored 32%Below range, other 21%Not determinable 0
| Commission category (SENTRNGE) | Cases | Share | All cases |
|---|---|---|---|
| Within range | 406 | 41.1% | 47.4% |
| Upward departure | 14 | 1.4% | 0.5% |
| Above-range variance | 47 | 4.8% | 2.6% |
| §5K1.1 substantial assistance | 27 | 2.7% | 9.5% |
| §5K3.1 early disposition | <10 | — | 9.2% |
| Government-sponsored departure | 98 | 9.9% | 1.9% |
| Government-sponsored variance | 188 | 19.0% | 8.0% |
| Downward departure | 16 | 1.6% | 2.1% |
| Below-range variance | 191 | 19.3% | 18.8% |
| Missing or indeterminable | 0 | — | — |
Shares are of cases with a determinable range status. Departures cite a provision of the Guidelines Manual; variances rest on the statutory sentencing factors (18 U.S.C. §3553(a)) after United States v. Booker.
§ 4Cases by fiscal year
| Fiscal year | Cases | Prison | Median months | Within range | Below, gov. | Below, other | Above |
|---|---|---|---|---|---|---|---|
| FY2018 | 91 | — | 162 | 37% | 34% | 22% | — |
| FY2019 | 137 | 100% | 121 | 44% | 32% | 20% | — |
| FY2020 | 92 | 100% | 141 | 45% | 38% | 14% | — |
| FY2021 | 108 | — | 148 | 37% | 38% | 20% | — |
| FY2022 | 139 | 100% | 180 | 44% | 25% | 27% | — |
| FY2023 | 133 | 100% | 180 | 35% | 29% | 23% | 14% |
| FY2024 | 154 | — | 188 | 45% | 32% | 17% | 7% |
| FY2025 | 135 | 100% | 180 | 41% | 30% | 23% | — |
§ 5Offence types the Commission assigns
| Primary offence type | Cases | Share |
|---|---|---|
| Sex Abuse | 989 | 100.0% |
§ 6Districts with the most cases
| District | Cases | Prison | Median months | Within range | Below, gov. | Below, other |
|---|---|---|---|---|---|---|
| District of South Dakota D.S.D. | 124 | — | 138 | 57% | 15% | 25% |
| District of Arizona D. Ariz. | 108 | 100% | 156 | 37% | 37% | 20% |
| District of New Mexico D.N.M. | 91 | 100% | 156 | 21% | 69% | — |
| Eastern District of Oklahoma E.D. Okla. | 62 | 100% | 300 | 45% | 26% | — |
| Northern District of Oklahoma N.D. Okla. | 55 | 100% | 240 | 62% | 24% | — |
| District of North Dakota D.N.D. | 46 | 100% | 240 | 54% | 22% | — |
| District of Montana D. Mont. | 43 | 100% | 125 | — | 37% | 35% |
| Southern District of Texas S.D. Tex. | 27 | 100% | 190 | 48% | — | — |
| Eastern District of New York E.D.N.Y. | 26 | 100% | 128 | 46% | — | 42% |
| Eastern District of Washington E.D. Wash. | 21 | 100% | 168 | — | 67% | — |
| District of Nebraska D. Neb. | 20 | 100% | 102 | — | 50% | — |
| District of South Carolina D.S.C. | 18 | 100% | 180 | — | — | — |
| Western District of Washington W.D. Wash. | 18 | 100% | 128 | — | 56% | — |
| District of Wyoming D. Wyo. | 18 | 100% | 123 | — | 61% | — |
| Northern District of Texas N.D. Tex. | 17 | 100% | 180 | — | — | — |
| Western District of Texas W.D. Tex. | 16 | 100% | 330 | — | — | — |
| District of Minnesota D. Minn. | 13 | 100% | 160 | — | — | — |
| Eastern District of Virginia E.D. Va. | 12 | — | 135 | — | — | — |
| District of Oregon D. Or. | 12 | 100% | 106 | — | — | 0% |
| Eastern District of North Carolina E.D.N.C. | 11 | 100% | 120 | 91% | 0% | — |
By circuit
| Circuit | Cases | Prison | Median months | Within range | Below, gov. | Below, other |
|---|---|---|---|---|---|---|
| District of Columbia Circuit | <10 | fewer than 10 cases | ||||
| First Circuit | 10 | 100% | 202 | — | — | — |
| Second Circuit | 34 | 100% | 135 | 44% | — | 38% |
| Third Circuit | <10 | fewer than 10 cases | ||||
| Fourth Circuit | 67 | — | 140 | 49% | 24% | 19% |
| Fifth Circuit | 80 | 100% | 234 | 51% | 23% | 21% |
| Sixth Circuit | 46 | 100% | 205 | 50% | 28% | — |
| Seventh Circuit | <10 | fewer than 10 cases | ||||
| Eighth Circuit | 223 | — | 156 | 51% | 20% | 25% |
| Ninth Circuit | 218 | 100% | 135 | 29% | 41% | 23% |
| Tenth Circuit | 257 | — | 180 | 35% | 44% | 14% |
| Eleventh Circuit | 30 | 100% | 267 | 57% | — | — |
§ 7Questions and answers
What is §2A3.1?
Section 2A3.1 of the Guidelines Manual: criminal sexual abuse. On this site a case is counted under a guideline when the Commission records it as the primary guideline (GDLINEHI) applied at sentencing.
What is the typical sentence under §2A3.1?
The median prison term over FY2018–FY2025 was 173 months (14 yr 5 mo), with the middle half between 102 and 293 months.
How often do sentences under §2A3.1 depart or vary from the range?
59% of sentences were outside the guideline range. Substantial-assistance motions under §5K1.1 accounted for 3% and below-range variances for 19%.
Which districts see the most §2A3.1 cases?
the District of South Dakota (124), the District of Arizona (108) and the District of New Mexico (91).
§ 8Provenance
Source: United States Sentencing Commission, Individual Offender Datafiles, fiscal years 2018–2025 (US government works), aggregated by this site; the FY2025 file is dated 29 Apr 2026. Guideline is the Commission's GDLINEHI field (primary guideline applied). Counts below 10 are hidden or pooled. Errors in this site's processing are corrected at the next build; see corrections. Methodology.