District Sentencing

Guidelines Manual, Chapter TwoFY2018–FY2025

Guidelines

§2A3.4

Abusive sexual contact · 0.1% 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.

37cases, FY2025306 over FY2018–FY2025
24median prison monthsall cases 24
50%within guideline rangeall cases 47%
92%cases with a prison termall cases 92%

§ 1Length of prison terms

11%
9%
22%
16%
16%
17%
5%
<10
<10
median 24 mo
under 6 mo6–11 mo1–2 yr2–3 yr3–5 yr5–10 yr10–15 yr15–20 yr20–30 yr30 yr+life
Share of cases with a prison term, by length of the term (281 cases with a prison term; life and terms of 470 months or more counted as life). Grey: all federal cases.

Interquartile range 12–60 months; mean 42. 0 cases at the 470-month cap.

§ 2Summary

§2A3.4 (abusive sexual contact) was the primary guideline in 306 cases sentenced across 8 fiscal years (FY2018–FY2025), 0.1% of all cases, with 37 in FY2025. The Commission classes most of them as sex abuse.

The median prison term under §2A3.4 was 24 months (2 years) (all cases nationally: 24 months); 92% of cases carried a prison term.

50% of sentences were within the guideline range. Of the rest, 20% were below the range on a government motion, 14% below it for other reasons and 15% above it. The departure and variance table below uses the Commission's nine SENTRNGE categories.

Caseload in FY2025 was about the same as in FY2018. The median prison term in FY2025 (36 months) was longer than in FY2018 (24 months).

§ 3Departures and variances

Within guideline range 50%Above range 15%Below range, government sponsored 20%Below range, other 14%Not determinable 0

Commission category (SENTRNGE)CasesShareAll cases
Within range15450.3%47.4%
Upward departure134.2%0.5%
Above-range variance3411.1%2.6%
§5K1.1 substantial assistance00.0%9.5%
§5K3.1 early disposition00.0%9.2%
Government-sponsored departure113.6%1.9%
Government-sponsored variance5016.3%8.0%
Downward departure<10—2.1%
Below-range variance3912.7%18.8%
Missing or indeterminable0——

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

41
44
25
26
48
46
39
37
’18’19’20’21’22’23’24’25
Cases sentenced under §2A3.4 per fiscal year (fiscal years 2018–2025)
24
18
41
36
21
24
24
36
’18’19’20’21’22’23’24’25
Median prison months by fiscal year (fiscal years 2018–2025)
Fiscal yearCasesPrisonMedian monthsWithin rangeBelow, gov.Below, otherAbove
FY201841—2444%29%——
FY201944—1855%25%——
FY202025—4152%———
FY202126—3642%———
FY202248—2160%———
FY202346—2450%24%——
FY202439—2454%———
FY202537—3641%——32%

§ 5Offence types the Commission assigns

Primary offence typeCasesShare
Sex Abuse306100.0%

§ 6Districts with the most cases

DistrictCasesPrisonMedian monthsWithin rangeBelow, gov.Below, other
District of Arizona D. Ariz.41—2446%29%—
District of South Dakota D.S.D.33100%3064%——
District of North Dakota D.N.D.26100%2450%——
District of New Mexico D.N.M.22100%5655%——
Western District of Washington W.D. Wash.18—2167%——
Eastern District of Oklahoma E.D. Okla.16—2463%——
District of Montana D. Mont.14—43———
Northern District of Oklahoma N.D. Okla.14—96———
District of Wyoming D. Wyo.14100%38———
District of Nebraska D. Neb.<10fewer than 10 cases
Eastern District of Virginia E.D. Va.<10fewer than 10 cases
Western District of Texas W.D. Tex.<10fewer than 10 cases
District of Utah D. Utah<10fewer than 10 cases
Western District of Michigan W.D. Mich.<10fewer than 10 cases
Central District of California C.D. Cal.<10fewer than 10 cases
Northern District of California N.D. Cal.<10fewer than 10 cases
District of Oregon D. Or.<10fewer than 10 cases
Eastern District of Washington E.D. Wash.<10fewer than 10 cases
Eastern District of Wisconsin E.D. Wis.<10fewer than 10 cases
District of Colorado D. Colo.<10fewer than 10 cases

By circuit

CircuitCasesPrisonMedian monthsWithin rangeBelow, gov.Below, other
District of Columbia Circuit0fewer than 10 cases
First Circuit<10fewer than 10 cases
Second Circuit<10fewer than 10 cases
Third Circuit<10fewer than 10 cases
Fourth Circuit16—12———
Fifth Circuit10—————
Sixth Circuit<10fewer than 10 cases
Seventh Circuit<10fewer than 10 cases
Eighth Circuit72—3056%18%—
Ninth Circuit9990%2153%22%15%
Tenth Circuit80—4245%28%—
Eleventh Circuit<10fewer than 10 cases

§ 7Questions and answers

What is §2A3.4?

Section 2A3.4 of the Guidelines Manual: abusive sexual contact. 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 §2A3.4?

The median prison term over FY2018–FY2025 was 24 months (2 years), with the middle half between 12 and 60 months.

How often do sentences under §2A3.4 depart or vary from the range?

50% of sentences were outside the guideline range. Substantial-assistance motions under §5K1.1 accounted for 0% and below-range variances for 13%.

Which districts see the most §2A3.4 cases?

the District of Arizona (41), the District of South Dakota (33) and the District of North Dakota (26).

§ 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.