Starting level and typical ranges
These ranges use the starting level alone, before any of the facts listed below, for someone with no criminal record unless the column says otherwise. Most real cases add levels.
| Starting point | Level | Trial | Guilty plea | Plea + zero-point | Category IV, plea |
|---|---|---|---|---|---|
| How was the sexual contact brought about: None of the means listed below | 12 | 10–16 months | 6–12 months | n/a | 15–21 months |
| How was the sexual contact brought about: By other threats or fear, or with a victim who could not understand or could not refuse | 16 | 21–27 months | 12–18 months | n/a | 24–30 months |
| How was the sexual contact brought about: By force, serious threats, or making the victim unconscious or impaired | 20 | 33–41 months | 24–30 months | n/a | 37–46 months |
The 2-level zero-point reduction is not available for this kind of offense (§4C1.1).
What changes the sentence
Each of these facts moves the offense level under §2A3.4. Adjustments that apply to every offense, such as role in the offense, obstruction, a guilty plea and criminal history, come after these.
| Fact | Effect | Rule |
|---|---|---|
| Was the victim under 12 years old: Yes | +4, at least level 22 | §2A3.4(b)(1) |
| How old was the victim: 12 to 15 years old | +2 | §2A3.4(b)(1)–(2) |
| How old was the victim: Under 12 years old | +4, at least level 22 | §2A3.4(b)(1)–(2) |
| Was the victim in the person's custody, care or supervisory control: Yes | +2 | §2A3.4(b)(3) |
| Did someone involved knowingly lie about who they were to persuade a minor: Yes | +2 | §2A3.4(b)(4) |
| Was a computer or online service used to persuade a minor: Yes | +2 | §2A3.4(b)(5) |
Important details
- If the offense involved criminal sexual abuse or an attempt at it (18 U.S.C. §2241 or §2242), the criminal sexual abuse guideline (§2A3.1) applies instead (§2A3.4(c)(1)).
- If the offense involved criminal sexual abuse of a minor under 16 or an attempt at it (18 U.S.C. §2243(a)), §2A3.2 applies if it gives a higher level (§2A3.4(c)(2)).
- This guideline already covers attempts, so the usual 3-level attempt reduction does not apply.
- The calculator does not apply mandatory minimum sentences set by statute for this offense. If the statute of conviction requires one and it is higher than the range shown, the minimum controls; check the statute or ask a lawyer.
Frequently asked questions
What is the base offense level for abusive sexual contact?
The guideline for abusive sexual contact is §2A3.4 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 12 to level 20. The table on this page lists each starting point.
What is the guideline range for abusive sexual contact with no criminal history points and a guilty plea?
Using the first starting point in the table on this page (level 12) alone, a person with no criminal history points who pleads guilty scores 6–12 months (6 months to 1 year). The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range.
Is probation possible for abusive sexual contact?
Possibly, with conditions. At the first starting point in the table with a guilty plea the range is in Zone B, which allows probation with home detention, community confinement or intermittent confinement, unless the offense is a Class A or B felony or the statute rules probation out (§5B1.1(b)).
Is the calculator accurate for abusive sexual contact?
It follows §2A3.4 of the Guidelines Manual effective November 1, 2025. It passed 5 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.
Related offenses
- Failure to Register as a Sex Offender (SORNA)Did not register or update a sex offender registrationVerified
- Aggravated Sex Offender Registration OffensesCommitted a serious new crime while required to registerVerified
- Promoting Commercial Sex (Adult)Promoted or arranged commercial sex acts involving an adultVerified
- Sex Trafficking or Enticement of a MinorEnticed, transported or trafficked a minor for illegal sexual conductVerified
- Production of Child Sexual Abuse MaterialUsed a minor to produce sexually explicit materialVerified
- Possession, Receipt or Distribution of Child Sexual Abuse MaterialHad, received or distributed material sexually exploiting a minorVerified
- Selling or Buying Children for ExploitationSold or bought a child for use in producing sexually explicit materialVerified
- Sexually Explicit Material RecordkeepingBroke record or labeling rules for sexually explicit materialVerified