Starting level and typical ranges
These ranges use the starting level alone, before any adjustments, 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 |
|---|---|---|---|---|---|
| Was the information top secret: Other national defense or classified information (not top secret) | 24 | 51–63 months | 37–46 months | 30–37 months | 57–71 months |
| Was the information top secret: Yes, top secret information | 29 | 87–108 months | 63–78 months | 51–63 months | 92–115 months |
Important details
- If the conviction under 18 U.S.C. §793(d) or (e) was for willfully passing on intangible information, such as spoken information, with reason to believe it could hurt the United States or help a foreign nation, §2M3.2 applies instead (§2M3.3, note 2).
- 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 leaking classified information?
The guideline for leaking classified information is §2M3.3 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 24 to level 29. The table on this page lists each starting point.
What is the guideline range for leaking classified information with no criminal history points and a guilty plea?
Using the first starting point in the table on this page (level 24) alone, a person with no criminal history points who pleads guilty scores 30–37 months (2 years, 6 months to 3 years, 1 month), including the 2-level zero-point reduction. Adjustments such as role in the offense or obstruction can change the level, and the judge can sentence outside the range.
Is probation possible for leaking classified information?
Not under the guidelines. Even at the first starting point in the table with a guilty plea and the zero-point reduction the range is in Zone D, where the minimum must be served in prison, though a judge may vary below it.
Is the calculator accurate for leaking classified information?
It follows §2M3.3 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
- Losing National Defense InformationLost national defense information through gross carelessnessVerified
- Tampering with Atomic Energy DataTampered with secret atomic energy dataVerified
- Revealing a Covert AgentRevealed the identity of an undercover intelligence agentVerified
- Draft EvasionDid not register for the draft or dodged military serviceVerified
- Export Control and Sanctions ViolationsBroke export control or sanctions rulesVerified
- Illegal Arms ExportsExported weapons or military gear without the required licenseVerified
- Material Support to TerroristsGave money, goods or help to a designated terrorist group or terroristVerified
- Nuclear, Biological and Chemical WeaponsHad, used or threatened nuclear, biological or chemical weaponsVerified