Offence typesFY2018–FY2025
National Defense
Primary offence type · Commission code 23 · 0.4% of federal cases
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, all districts
Interquartile range 7–46 months; mean 38. <10 cases at the 470-month cap (life or longer).
§ 2Summary
National Defense was the primary offence type in 1,926 federal cases sentenced across 8 fiscal years (FY2018–FY2025), 0.4% of all cases reported to the Commission, with 499 in FY2025.
The national median prison term for national defense offences was 24 months (2 years), against 24 months for all cases; 84% of cases carried a prison term and the middle half of terms fell between 7 and 46 months.
37% of sentences were within the guideline range, 26% below it on a government motion, 36% below it for other reasons and 1% above it.
The districts with the most national defense offences were the Southern District of Texas (451), the Western District of Texas (427) and the District of Arizona (305).
FY2025 had more cases than FY2018 (499 against 204). The median prison term in FY2025 (0 months) was shorter than in FY2018 (36 months).
§ 3Position relative to the guideline range
Within guideline range 37%Above range 1%Below range, government sponsored 26%Below range, other 36%Not determinable 240
| Measure | National Defense | All offence types |
|---|---|---|
| Median prison months | 24 | 24 |
| Mean prison months | 38 | 51 |
| Cases with a prison term | 84% | 92% |
| Within guideline range | 37% | 47% |
| Above range | 1% | 3% |
| Below range, government sponsored | 26% | 29% |
| Below range, other | 36% | 21% |
| Median final offence level | 23 | 17 |
| Criminal history category I | 82% | 46% |
§ 4Districts compared
Every district with at least one case, most cases first. Districts with at least 30 cases in 2021–2025 link to a district × offence page; others link to the district's overview. Rows under 10 cases show the count only.
| District | Cases | Prison | Median months | Within range | Below, gov. | Below, other |
|---|---|---|---|---|---|---|
| Southern District of Texas S.D. Tex. | 451 | 96% | 26 | 38% | 18% | 44% |
| Western District of Texas W.D. Tex. | 427 | 95% | 0 | 64% | 15% | 20% |
| District of Arizona D. Ariz. | 305 | 81% | 24 | 14% | 37% | 49% |
| Northern District of Alabama N.D. Ala. | 115 | — | — | 97% | — | 0% |
| Southern District of Florida S.D. Fla. | 66 | — | 36 | 29% | 24% | 47% |
| Eastern District of Virginia E.D. Va. | 49 | 61% | 36 | 56% | — | 29% |
| Eastern District of New York E.D.N.Y. | 45 | — | 25 | 27% | 27% | 47% |
| Middle District of Florida M.D. Fla. | 43 | 74% | 36 | 35% | 28% | 33% |
| District of Columbia D.D.C. | 31 | — | 24 | — | 42% | 36% |
| Southern District of New York S.D.N.Y. | 29 | 100% | 144 | — | — | 59% |
| District of New Mexico D.N.M. | 19 | — | 14 | — | — | — |
| District of Maryland D. Md. | 18 | — | 30 | — | — | — |
| Central District of California C.D. Cal. | 17 | — | 27 | — | — | — |
| District of New Jersey D.N.J. | 16 | — | 44 | — | 75% | — |
| Northern District of Illinois N.D. Ill. | 16 | — | 46 | — | — | — |
| District of Kansas D. Kan. | 16 | 0% | — | — | — | — |
| Northern District of Georgia N.D. Ga. | 16 | — | 27 | — | — | — |
| Northern District of California N.D. Cal. | 15 | — | 17 | — | — | — |
| Eastern District of Texas E.D. Tex. | 14 | 100% | 46 | — | — | — |
| Eastern District of Wisconsin E.D. Wis. | 14 | — | 30 | 0% | — | — |
| Eastern District of Pennsylvania E.D. Pa. | 13 | — | 24 | — | — | — |
| Southern District of California S.D. Cal. | 11 | 100% | 17 | — | — | — |
| District of Minnesota D. Minn. | 10 | 100% | 39 | — | — | — |
| District of Massachusetts D. Mass. | <10 | fewer than 10 cases | ||||
| Northern District of Ohio N.D. Ohio | <10 | fewer than 10 cases | ||||
| District of Colorado D. Colo. | <10 | fewer than 10 cases | ||||
| Southern District of Georgia S.D. Ga. | <10 | fewer than 10 cases | ||||
| Eastern District of North Carolina E.D.N.C. | <10 | fewer than 10 cases | ||||
| Northern District of New York N.D.N.Y. | <10 | fewer than 10 cases | ||||
| Southern District of Ohio S.D. Ohio | <10 | fewer than 10 cases | ||||
| District of Hawaii D. Haw. | <10 | fewer than 10 cases | ||||
| Western District of Washington W.D. Wash. | <10 | fewer than 10 cases | ||||
| District of Utah D. Utah | <10 | fewer than 10 cases | ||||
| Northern District of Texas N.D. Tex. | <10 | fewer than 10 cases | ||||
| Eastern District of Michigan E.D. Mich. | <10 | fewer than 10 cases | ||||
| Western District of Michigan W.D. Mich. | <10 | fewer than 10 cases | ||||
| Western District of Missouri W.D. Mo. | <10 | fewer than 10 cases | ||||
| Eastern District of California E.D. Cal. | <10 | fewer than 10 cases | ||||
| District of Connecticut D. Conn. | <10 | fewer than 10 cases | ||||
| Western District of North Carolina W.D.N.C. | <10 | fewer than 10 cases | ||||
| District of South Carolina D.S.C. | <10 | fewer than 10 cases | ||||
| Southern District of Indiana S.D. Ind. | <10 | fewer than 10 cases | ||||
| Northern District of Florida N.D. Fla. | <10 | fewer than 10 cases | ||||
| Western District of New York W.D.N.Y. | <10 | fewer than 10 cases | ||||
| Western District of Pennsylvania W.D. Pa. | <10 | fewer than 10 cases | ||||
| Northern District of West Virginia N.D.W. Va. | <10 | fewer than 10 cases | ||||
| Middle District of Tennessee M.D. Tenn. | <10 | fewer than 10 cases | ||||
| Northern District of Indiana N.D. Ind. | <10 | fewer than 10 cases | ||||
| Eastern District of Arkansas E.D. Ark. | <10 | fewer than 10 cases | ||||
| Western District of Oklahoma W.D. Okla. | <10 | fewer than 10 cases | ||||
| District of Vermont D. Vt. | <10 | fewer than 10 cases | ||||
| Middle District of Pennsylvania M.D. Pa. | <10 | fewer than 10 cases | ||||
| Southern District of Mississippi S.D. Miss. | <10 | fewer than 10 cases | ||||
| Western District of Kentucky W.D. Ky. | <10 | fewer than 10 cases | ||||
| Eastern District of Tennessee E.D. Tenn. | <10 | fewer than 10 cases | ||||
| District of Montana D. Mont. | <10 | fewer than 10 cases | ||||
| District of New Hampshire D.N.H. | <10 | fewer than 10 cases | ||||
| District of Rhode Island D.R.I. | <10 | fewer than 10 cases | ||||
| Southern District of West Virginia S.D.W. Va. | <10 | fewer than 10 cases | ||||
| Western District of Louisiana W.D. La. | <10 | fewer than 10 cases | ||||
| Western District of Tennessee W.D. Tenn. | <10 | fewer than 10 cases | ||||
| Western District of Arkansas W.D. Ark. | <10 | fewer than 10 cases | ||||
| District of Alaska D. Alaska | <10 | fewer than 10 cases | ||||
| District of Idaho D. Idaho | <10 | fewer than 10 cases | ||||
| District of Nevada D. Nev. | <10 | fewer than 10 cases | ||||
| District of the Northern Mariana Islands D.N. Mar. I. | <10 | fewer than 10 cases | ||||
| District of Oregon D. Or. | <10 | fewer than 10 cases | ||||
| Middle District of Georgia M.D. Ga. | <10 | fewer than 10 cases | ||||
§ 5Circuits compared
| Circuit | Cases | Prison | Median months | Within range | Below, gov. | Below, other |
|---|---|---|---|---|---|---|
| District of Columbia Circuit | 31 | — | 24 | — | 42% | 36% |
| First Circuit | 11 | — | — | — | — | — |
| Second Circuit | 90 | — | 47 | 26% | 24% | 50% |
| Third Circuit | 34 | — | 33 | — | 56% | 29% |
| Fourth Circuit | 87 | 67% | 37 | 49% | 25% | 26% |
| Fifth Circuit | 901 | 95% | 18 | 47% | 17% | 35% |
| Sixth Circuit | 34 | — | 38 | — | 56% | 38% |
| Seventh Circuit | 37 | — | 44 | — | 41% | 49% |
| Eighth Circuit | 19 | — | 47 | — | — | — |
| Ninth Circuit | 374 | 83% | 24 | 15% | 39% | 45% |
| Tenth Circuit | 54 | 65% | 27 | 26% | 36% | 39% |
| Eleventh Circuit | 254 | 50% | 36 | 61% | 18% | 21% |
§ 6Trend by fiscal year
| Fiscal year | Cases | Prison | Median months | Within range | Below, gov. | Below, other | Above |
|---|---|---|---|---|---|---|---|
| FY2018 | 204 | 84% | 36 | 29% | 27% | 43% | — |
| FY2019 | 195 | 87% | 27 | 28% | 31% | 41% | 0% |
| FY2020 | 165 | 89% | 30 | 36% | 21% | 42% | — |
| FY2021 | 217 | 87% | 30 | 44% | 21% | 34% | — |
| FY2022 | 180 | 77% | 30 | 40% | 26% | 33% | — |
| FY2023 | 237 | 84% | 30 | 38% | 28% | 34% | — |
| FY2024 | 229 | 82% | 24 | 34% | 30% | 36% | — |
| FY2025 | 499 | 85% | 0 | 45% | 26% | 28% | — |
§ 7Criminal history
Share of cases at each final criminal history category; grey figure: all federal cases.
§ 8Guideline sections involved
| Primary guideline | Subject | Cases | Share of this offence type |
|---|---|---|---|
| §2M5.2 | Exportation of arms, munitions or military equipment without a licence | 1,183 | 61.4% |
| §2M5.1 | Evasion of export controls; financial transactions with countries supporting terrorism | 132 | 6.9% |
| §2M5.3 | 126 | 6.5% | |
| §2M6.1 | Nuclear, biological and chemical weapons and materials | 30 | 1.6% |
| §2M3.3 | Transmitting national defense information | 13 | 0.7% |
| §2M3.1 | 10 | 0.5% | |
| §2X3.1 | Accessory after the fact | <10 | — |
| §2X1.1 | Attempt, solicitation or conspiracy (not covered by a specific guideline) | <10 | — |
| §2M3.2 | <10 | — | |
| §2M6.2 | <10 | — |
§ 9Questions and answers
What is the average federal sentence for national defense offences?
The median prison term over FY2018–FY2025 was 24 months (2 years) and the mean was 38 months (life sentences counted as 470 months, the Commission's convention). Medians are used on this site because a few very long terms pull the mean upward.
How much does the sentence for national defense offences vary by district?
Among districts with at least 10 cases, medians ranged from 0 months (W.D. Tex.) to 144 months (S.D.N.Y.). The mix of guidelines, statutory minimums and criminal history within the offence type explains much of the spread.
How often are national defense offences sentenced outside the guideline range?
63% of sentences were outside the range: 26% below it on a government motion, 36% below it for other reasons and 1% above it.
Which guidelines apply to national defense offences?
The most common primary guidelines are §2M5.2, §2M5.1, §2M5.3 and §2M6.1. The Commission assigns the offence type mainly from the primary guideline the court applied.
Where do these figures come from?
The US Sentencing Commission's individual offender datafiles, FY2018–FY2025, using the Commission's OFFGUIDE offence type, SENTRNGE range status and SENTTCAP capped prison months. Counts under 10 are hidden.
§ 10Provenance
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. Offence type is the Commission's OFFGUIDE code 23. Counts below 10 are hidden or pooled. Errors in this site's processing are corrected at the next build; see corrections. Methodology.