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 |
|---|---|---|---|---|---|
| Product tampering that risked death or injury, the starting point | 25 | 57–71 months | 41–51 months | 33–41 months | 63–78 months |
What changes the sentence
Each of these facts moves the offense level under §2N1.1. 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 anyone hurt: Serious bodily injury | +2 | §2N1.1(b)(1) |
| Was anyone hurt: Between serious and permanent or life-threatening injury | +3 | §2N1.1(b)(1) |
| Was anyone hurt: Permanent or life-threatening injury | +4 | §2N1.1(b)(1) |
Important details
- If someone died, the murder guidelines apply instead: first-degree murder if the death was caused intentionally or knowingly, second-degree murder otherwise (§2N1.1(c)(1)).
- If the offense amounted to attempted murder, the attempted murder guideline applies if it gives a higher level (§2N1.1(c)(2)).
- If the offense involved extortion, the extortion guideline (§2B3.2) applies if it gives a higher level (§2N1.1(c)(3)).
- If one count involved the death, or permanent, life-threatening or serious bodily injury, of more than one victim, or conduct amounting to attempted murder of more than one victim, each victim is treated as a separate count under the multiple count rules. This applies whether the level comes from the injury increase or from a cross reference (§2N1.1(d)(1) and note 1).
- 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.
- Calculator limits: Separate-count treatment for multiple victims under §2N1.1(d)(1).
Frequently asked questions
What is the base offense level for product tampering risking injury?
The guideline for product tampering risking injury is §2N1.1 of the federal Sentencing Guidelines. Its starting level is 25, before any adjustments.
What is the guideline range for product tampering risking injury with no criminal history points and a guilty plea?
Using the starting level alone, a person with no criminal history points who pleads guilty scores 33–41 months (2 years, 9 months to 3 years, 5 months), including the 2-level zero-point reduction. The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range.
Is probation possible for product tampering risking injury?
Not under the guidelines. Even at the starting level 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 product tampering risking injury?
It follows §2N1.1 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
- Threatened or Falsely Claimed TamperingThreatened product tampering or falsely claimed it happenedVerified
- Tampering to Injure a BusinessTampered with a product to hurt a businessVerified
- Food, Drug and Device Safety ViolationsBroke food, drug, medical device, cosmetic or farm product safety lawsVerified
- Odometer FraudRolled back or tampered with a vehicle odometerVerified