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 |
|---|---|---|---|---|---|
| Sexual abuse of a minor under 16, the starting point | 18 | 27–33 months | 18–24 months | n/a | 30–37 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 §2A3.2. 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 |
|---|---|---|
| The minor was in the person's custody, care or supervisory control | +4 | §2A3.2(b)(1)–(2) |
| Someone involved knowingly lied about who they were to persuade the minor | +4 | §2A3.2(b)(1)–(2) |
| Someone involved otherwise unduly influenced the minor | +4 | §2A3.2(b)(1)–(2) |
| Was a computer or online service used to persuade the minor: Yes | +2 | §2A3.2(b)(3) |
Important details
- If the offense involved force, threats, fear, or a victim unable to consent (criminal sexual abuse under 18 U.S.C. §2241 or §2242), the criminal sexual abuse guideline (§2A3.1) applies instead (§2A3.2(c)(1)).
- If the victim was under 12, §2A3.1 applies no matter what, regardless of any claimed consent (§2A3.2(c)(1)).
- A minor here includes an undercover officer who claimed to be under 16, or a person (real or fictitious) whom an officer described as under 16 and available for sexually explicit conduct (§2A3.2, note 1).
- 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 sexual abuse of a minor (statutory rape)?
The guideline for sexual abuse of a minor (statutory rape) is §2A3.2 of the federal Sentencing Guidelines. Its starting level is 18, before any adjustments.
What is the guideline range for sexual abuse of a minor (statutory rape) 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 18–24 months (1 year, 6 months to 2 years). The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range.
Is probation possible for sexual abuse of a minor (statutory rape)?
Not under the guidelines. Even at the starting level with a guilty plea 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 sexual abuse of a minor (statutory rape)?
It follows §2A3.2 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
- Sexual Abuse of a Ward or Person in CustodyCommitted a sexual act with a person held in official custodyVerified
- Abusive Sexual ContactHad abusive sexual contact with someone, or attempted toVerified
- 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