Mandatory MiniMuM Penalties for
sex offenses
in the
federal CriMinal
J
ustiCe systeM
United StateS Sentencing commiSSion
JanUary 2019
Mandatory MiniMuM Penalties for sex offenses
in
the federal CriMinal JustiCe systeM
WilliaM h. Pryor Jr.
Acting Chair
raChel e. BarkoW
Commissioner
Charles r. Breyer
Commissioner
danny C. reeves
Commissioner
PatriCia k. CushWa
Ex Ofcio
david ryBiCki
Ex Ofcio
kenneth P. Cohen
Staff Director
January 2019
Table of ConTenTs
1 seCTion one: inTroduCTion
3 seCTion Two: Key findings
7 seCTion Three: sex offense MandaTory MiniMuMs
8 StatutoryMandatoryMinimumProvisionsApplicabletoFederalSexOenders
8 SexualAbuseOenses
10 ChildPornographyOenses
11 Statutory and Guideline Relief Provisions
13 seCTion four: daTa analysis
14 TheCommission’sUpdatedStudyofSexOenseMandatoryMinimumPenalties
16 Recent Trends in Mandatory Minimum Penalties
16 OverallPrevalenceofSexOensesCarryingMandatoryMinimumPenalties
16 SexualAbuseOenses
16 PrevalenceofSexualAbuseOenses
21 OenderDemographics
21 Race,Gender,andCitizenship
22 Age
23 Criminal History
23 Plea and Trial Rates
24 Relief from Mandatory Minimum Penalties
24 Demographics
26 SentencingofSexualAbuseOenders
26 AverageSentenceLength
28 SentencesRelativetotheGuidelineRange
31 SexualAbuseOendersintheFederalPrisonPopulation
32 ChildPornographyOenses
32 PrevalenceofChildPornographyOenses
38 OenderDemographics
38 Race,Gender,andCitizenship
40 Age
41 Criminal History
41 Plea and Trial Rates
42 Relief from Mandatory Minimum Penalties
44 SentencingofChildPornographyOenders
44 AverageSentenceLength
49 SentencesRelativetotheGuidelineRange
52 ChildPornographyOendersintheFederalPrisonPopulation
55 seCTion five: ConClusion
57 endnoTes
67 appendix a: sexual abuse offenses
71 appendix b: Child pornography offenses
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
vi
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
1
Introduction
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
2
Introduction
Commission’s series on mandatory minimum
penalties. In 2017, the Commission published
its Overview of Mandatory Minimum Penalties
in the Federal Criminal Justice System (2017
Overview Publication)
1
and subsequently issued
four publications providing detailed analyses of
the application of mandatory minimum penalties
2
These publications build on
the Commission’s 2011 Report to the Congress:
Mandatory Minimum Penalties in the Federal
Criminal Justice System (2011 Mandatory Minimum
Report),
3
which provided detailed historical
analyses of the evolution of federal mandatory
and extensive analysis of the Commission’s own
data, public comment, and expert testimony. These
publications highlight recent trends in the charging
and provide updated sentencing data demonstrating
the impact of those penalties.
This publication focuses on the application of
i.e.
involving actual or attempted sexual contact with
related to the production of pornography depicting
an actual child, which is deemed a “contact”
4
With respect to child pornography
Mandatory Minimum Report to provide a detailed
individual analysis for each of the most common
and possession.
includes analyses of the two types of federal sex
Where appropriate, the publication highlights
changes and trends since the Commission’s 2011
Mandatory Minimum Report.
2
Key
Findings
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
4
Key Findings
Building directly on its previous reports and the
analyses set forth in the 2017 Overview Publication,
this publication examines the use and impact of
Key Findings
1. Mandatory minimum penalties for sex offenses are applied less often in the federal
system compared to other mandatory minimum penalties.
2. Sex offenses, however, increased in number and as a percentage of the federal
docket, and sex offenders were more frequently convicted of an offense carrying a
mandatory minimum penalty.
Commission’s 2011 Mandatory Minimum Report
remained relatively stable since the Commission’s 2011 Mandatory Minimum Report, decreasing
5
Section Two:
Summary of Key findingS
United States Sentencing Commission
mandatory minimum PenaltieS for federal Sex offenSeS (2019)
Key Findings
3. Sex offenders are demographically different than offenders convicted of other
offenses carrying mandatory minimum penalties.
minimum penalty, respectively.
4. Offenders convicted of sex offenses carrying a mandatory minimum penalty are
sentenced to longer terms than those convicted of sex offenses not carrying a mandatory
minimum penalty.
minimum penalty.
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
6
Key Findings
5. Although Commission analysis has demonstrated that there is little meaningful
distinction between the conduct involved in receipt and possession offenses, the
average sentence for offenders convicted of a receipt offense, which carries a ve-
year mandatory minimum penalty, is substantially longer than the average sentence
for offenders convicted of a possession offense, which carries no mandatory minimum
penalty.
6. While still constituting a relatively small percentage of the overall prison population,
the number of both sexual abuse offenders and child pornography offenders in Federal
Bureau of Prisons custody has steadily increased, with both reaching population highs as
of September 30, 2016.
time period.
mandatory minimum penalty in the federal prison population has increased at a similar rate, from
Sex Offense
Mandatory
Minimums
3
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
8
Statutory Mandatory Minimum Provisions
Applicable to Federal Sex Offenders
attempted sexual contact with the victim regardless
of the victim’s age. The second group are child
to the production of pornography depicting an
throughout this publication as distribution, receipt,
most common provisions charged.
Sexual Abuse Offenses
in which the primary sentencing guideline was
in either: (1) Chapter 2, part A, subpart 3, which
victimizing adults or minors, excluding failure to
or (2) Chapter 2, part G, which
concerns promotion of illegal sex acts involving an
in an illegal sexual act, and child pornography
guidelines.
7
Statutory Provisions
related to the production of child pornography, are
found in other parts of the United States Code.
Congress has provided for mandatory
minimum terms of imprisonment for many sexual
terms exist for violations of the following sections
•
•
across state lines with the intent to have sex with
a child under 12 years of age or for crossing
state lines and having sex with a child between
•
term for production of child pornography and
enhanced minimum terms if such a defendant
has a prior felony conviction for an enumerated
Two Categories of Sex Offenses
Sexual Abuse (“Contact”) Offenses Child Pornography Offenses
involve actual or attempted sexual contact
with the victim regardless of the victim’s age,
including production of child pornography
involve the distribution, transportation, receipt,
or possession of child pornography
9
Section Three:
Sex OffenSe MandatOry MiniMuMS
United States Sentencing Commission
MandatOry MiniMuM PenaltieS fOr federal Sex OffenSeS (2019)
•
for buying or selling, or otherwise transferring,
children for the purpose of participating in the
•
mails or facilities or means of commerce to
cause a minor to engage in prostitution or other
•
transporting a minor in commerce for the
purpose of engaging in prostitution or other
•
again minors).
10
The mandatory minimum penalties for these
minimum penalties outlaw similar conduct to the
statutes listed above but involve an adult, rather
than a minor, victim.
11
Guideline Provisions
The sentencing guidelines for sexual abuse
3 and part G of the Guidelines Manual.
relevant guidelines cover a wide variety of conduct
involving both adult and minor victims.
12
Mandatory Minimum Penalties for Sexual Abuse Offenses
10 Years 15 Years 30 Years
•
Sex Trafficking of a minor (section
1591(b)(2))
• Sex trafficking of a minor under 14 years of
a
ge or by force, fraud, or coercion
(section 1591(b)(1))
• Aggravated sexual abuse with
children 2241(c)
•
Solicitation of minors for prostitution or
criminal sexual activity (section
2422(b))
• Production of child pornography (sections
2251(e) and 2260(c)(1))
• Selling or buying of children for
pornography 2251A(a) and (b)
•
Transportation of minors for prostitution
or criminal sexual activity (section
2423(a))
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
10
Child Pornography Offenses
13
Statutory Provisions
acts related to the distribution,
14
transportation
(including by shipping or mailing), importation,
receipt, and possession of child pornography,
including attempted acts and conspiracies to
commit such acts.
The four primary types of
distribution, shipping, and transportation of child
pornography regardless of whether such activities
(e.g., exchanging child pornography through
child pornography at the time that the image is
received.
17
An
possession, receipt, distribution, and production of
“obscene visual representations of the sexual abuse
The statutory penalty ranges for violations of
these provisions vary in severity depending on both
the act involved and the defendant’s prior criminal
record.
Transportation (including mailing or shipping),
receipt, distribution, and possession with the intent
imprisonment and a maximum term of 20 years.
20
If
a defendant has a prior federal or state conviction for
penalty range increases to a mandatory minimum
of imprisonment.
21
prison for production (as well as distribution) of a
appearing to engage in sexually explicit conduct.
Possession of child pornography is punishable
involved a minor under 12) in federal prison
minimum term of imprisonment.
22
If a defendant
has a prior federal or state conviction for one or
range for possession increases to a mandatory
minimum term of ten years and a maximum term of
20 years of imprisonment.
23
Statutory Penalties for Child Pornography Offenses
Distribution and Receipt Possession
No Prior Sex Conviction
5 to 20 years
0 to 10 years
(or to 20 years if victim under 12)
Prior Sex Conviction
15 to 40 years 10 to 20 years
11
Section One:
IntroductIon
United States Sentencing Commission
Mandatory MInIMuM PenaltIes for federal sex offenses (2019)
involving receipt, distribution, or production of
“obscene visual representations of the sexual abuse
of children” carry a mandatory minimum penalty
of 20 years of imprisonment,
24
while violations
obscene material carry no mandatory minimum
penalty and have a statutory maximum of ten years
of imprisonment.
The penalties for violations of
they are under the other child pornography statues.
Guideline Provisions
Transporting, Shipping, Soliciting, or Advertising
27
In its past reports, the Commission has
enacting new mandatory minimums, increasing
statutory maximums, and providing directives to the
Commission, Congress has repeatedly expressed
its will regarding appropriate penalties for child
With respect to the child
expressed an intent to raise penalties associated
times through directives to the Commission and
statutory changes aimed at increasing the guideline
penalties and reducing the incidence of downward
departures.
Statutory and Guideline Relief Provisions
mandatory minimum penalty if the prosecution
30
When
court to impose a sentence below the mandatory
minimum penalty.
As directed by Congress, the Commission
incorporated this statutory mechanism for relief
from mandatory minimum penalties into the
substantial assistance to law enforcement and the
31
Even
sentence below the mandatory minimum penalty
32
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
12
4
Data
Analysis
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
14
The Commission’s Updated Study of Sex
Offense Mandatory Minimum Penalties
In its 2011 Mandatory Minimum Report, the
Commission made several recommendations to
Congress regarding the use of, and improvement
to, mandatory minimum penalties generally and
that time, the Commission concluded that further
33
However, the Commission noted that “preliminary
review of the available sentencing data suggests that
the mandatory minimum penalties for certain child
sentencing ranges may be excessively severe and as
a result are being applied inconsistently.”
34
government sponsored below range sentences of
mandatory minimum penalty, which was consistent
time of the report that the mandatory minimum
penalties for receipt and distribution of child
pornography were too high.
Second, the Commission noted that it appeared
that prosecutors were frequently using their
discretion to avoid charging child pornography
In the 2011 Mandatory Minimum Report, a review
convicted of possession of child pornography,
which does not carry a mandatory minimum
penalty, engaged in distribution conduct that could
have been prosecuted under a statute carrying
a mandatory minimum penalty.”
Similarly,
the Commission explained that “there [did] not
of child pornography, which does not carry a
that constitutes receipt of child pornography, which
more comprehensive analysis of child pornography
The Commission further explored this issue
in its 2012 Report to the Congress: Federal Child
Pornography Oenses,
37
where the Commission’s
sentenced under §2G2.2 convicted of possession
conduct that, had it been charged, would have
The Commission concluded, “after reviewing over
2011 RECOMMENDATIONS
In the 2011 Mandatory Minimum Report,
the Commission concluded that
mandatory minimum penalties and the
resulting guideline ranges for certain child
pornography offenses may be excessively
severe and, as a result, were being applied
inconsistently. In particular, it noted that
offenders convicted of child pornography
offenses carrying a mandatory minimum
penalty had the highest rate of non-
government sponsored below range
sentences of any offenders convicted
of any offense carrying a mandatory
minimum sentence.
15
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
cases and typical possession cases,’” and, therefore,
“to reduce the unwarranted sentencing disparities
resulting from inconsistent application of the
the Commission recommended that “Congress align
the statutory penalties for receipt and possession.”
Since the 2011 Mandatory Minimum Report and
2012 Child Pornography Report, the Commission
has continued its study of the scope, use, and
impact of mandatory minimum penalties in the
federal system, providing regular updates through
as in testimony before Congress. The Commission
provides this publication to update the information
and analyses in its 2011 Mandatory Minimum
Report and to further inform discussion of the
Commission’s recommendations regarding the use
2011 RECOMMENDATIONS
In the 2011 Mandatory Minimum Report
and the 2012 Child Pornography Report,
Commission analysis demonstrated that
there appeared to be little meaningful
difference in offense seriousness between
the typical receipt case, which requires
a ve-year mandatory minimum penalty,
and the typical possession case, which
does not require a mandatory minimum
penalty. The Commission therefore
recommended that Congress align
the statutory penalties for receipt and
possession to reduce unwarranted
sentencing disparities resulting from
inconsistent application of the mandatory
minimum penalty for receipt cases.
40
characteristics, including demographic data and
basic criminal history information. After noting
penalties overall, this publication addresses the
publication discusses sexual abuse (“contact”)
minimum penalty at sentencing. Second, it
a mandatory minimum penalty and possession
penalty.
the Commission provides data about sentencing
outcomes involving the application of the
mandatory minimum penalty. Where appropriate,
data set forth in the Commission’s 2011 Mandatory
Minimum Report
data.
The Commission intends that the data in
this publication will further inform the ongoing
discussion regarding mandatory minimum penalties
others.
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
16
Recent Trends in Mandatory Minimum
Penalties
As discussed in the 2017 Overview Publication,
carrying any mandatory minimum penalty among
carrying a mandatory minimum penalty steadily
a mandatory minimum at sentencing remained
relatively stable during the same time period, falling
penalty through a substantial assistance motion or
41
Overall Prevalence of Sex Offenses
Carrying Mandatory Minimum Penalties
percentage of federal criminal cases overall. In
and included in this analysis, only 4.2 percent
to be a small percentage of the federal criminal
Commission’s 2011 Mandatory Minimum Report
42
Sexual Abuse Offenses
Prevalence of Sexual Abuse Offenses
How Often Were Offenders Charged with a
Sexual Abuse Offense?
mandatory minimum penalty.
17
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
All Other Federal
Offenders
95.8%
(N=59,618)
Sex Offenders
4.2%
(N=2,633)
[N=62,251]
Sexual Abuse
Offenders
40.6%
(N=1,055)
Child
Pornography
Offenders
56.4%
(N=1,578)
Both
3.0%
(N=80)
SOURCE: U.S. Sentencing Commission 2016 Datafile, USSCFY2016.
Figure 1. Sex Offenders Convicted of an Offense Carrying a Mandatory Minimum Penalty
Fiscal Year 2016
All Other Federal
Offenders
98.2%
(N=61,103)
Sexual Abuse Offenders
1.8%
(N=1,148)
[N=62,251]
Not Convicted Under
a Statute Carrying a
MM Penalty
36.8%
(N=422)
Convicted Under a
Statute Carrying a
MM Penalty
63.2%
(N=726)
SOURCE: U.S. Sentencing Commission 2016 Datafile, USSCFY2016.
Figure 2. Sexual Abuse Offenders Convicted of an Offense Carrying a Mandatory Minimum Penalty
Fiscal Year 2016
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
18
Although still a small percentage of the overall
43
44
minimum penalty also increased substantially, from
SOURCE: U.S. Sentencing Commission 2004 through 2016 Datafiles, USSCFY2004-USSCFY2016.
0
250
500
750
1,000
1,250
1,500
Sexual Abuse Offenders
Figure 3. Number of Offenders Convicted of Sexual Abuse Offenses
Fiscal Years 2004 - 2016
Number
Figure 4. Percentage of Sexual Abuse Offenders Convicted of an Offense Carrying a Mandatory Minimum Penalty
Fiscal Years 2004 - 2016
0.0%
20.0%
40.0%
60.0%
80.0%
100.0%
Sexual Abuse Offenders
SOURCE: U.S. Sentencing Commission, 2004 through 2016 Datafiles, USSCFY04 – USSCFY16.
Percent
19
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
Under What Statutes and Guidelines Were
Sexual Abuse Offenders Sentenced?
The most common statutes of conviction
followed by using mail or facilities or means
of commerce to cause a minor to engage in
sentenced under §2G1.3 (Transportation of a
portion were sentenced under §2A3.1 (Criminal
47
Table 1. Offense of Conviction for Sexual Abuse Offenders
Convicted of an Offense Carrying a Mandatory Minimum Penalty
Fiscal Year 2016
Convicted of an Offense
Carrying a Mandatory
Minimum Penalty
Total Number of Offenders
726 100.0%
1
18 U.S.C. §§ 2251(e) or 2260(c)(1)
373 51.4%
18 U.S.C. § 2422(b)
200 27.6%
18 U.S.C. § 1591(b)(1)
118 16.3%
18 U.S.C. § 2423(a)
68 9.4%
18 U.S.C. § 1591(b)(2)
42 5.8%
18 U.S.C. § 2241(c)
16 2.2%
18 U.S.C. §§ 2251A(a) and (b)
4 0.6%
18 U.S.C. § 3559(e)
1 0.1%
1
Offenders may be convicted under more than one statute, therefore the total percentage is
greater than 100.0%.
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Table 2. Offenders Whose Primary Guideline was a Sexual Abuse Offense
Fiscal Year 2016
All
Sexual Abuse Offenders
Convicted of an Offense Carrying a
Mandatory Minimum Penalty
Total Number of Offenders
1
1,066
2
100.0% 644 60.4%
Transportation of a Minor to Participate in a Commercial Sex Act
(§2G1.3)
410 38.5% 267 41.5%
Production of Child Pornography (§2G2.1)
368 34.5% 341 53.0%
Criminal Sexual Abuse/Rape (§2A3.1)
142 13.3% 30 4.7%
Promoting a Commercial Sex Act – non Minor (§2G1.1)
66 6.2% 5 0.8%
Abusive Sexual Contact (§2A3.4)
34 3.2% 0 0.0%
Statutory Rape (§2A3.2)
33 3.1% 0 0.0%
Criminal Sexual Abuse of a Ward (§2A3.3)
12 1.1% 0 0.0%
Selling or Buying of Children for Use in Production of Child Pornography
(§2G2.3)
1 0.1% 1 0.2%
1
Three offenders’ primary guideline was Child Exploitation Enterprises (§2G2.6). These cases are not necessarily sexual abuse in nature and are not included in the analysis for this report.
All three of these offenders were convicted under a statute carrying a mandatory minimum penalty.
2
Eighty offenders’ primary guideline was Trafficking Child Pornography (§2G2.2), and one offender each had a primary guideline of First Degree Murder (§2A1.1) and Kidnapping
(§2A4.1) but were also convicted of a sexual abuse offense carrying a mandatory minimum penalty. These offenders are not included in this table, but are included in all other analysis.
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
20
How Severe Were Mandatory Minimum
Penalties for Sexual Abuse Offenders?
Where Were Offenders Convicted of Sexual
Abuse Offenses?
The District of Arizona had the most sexual
10 Years
39.9%
(N=290)
15 Years
52.3%
(N=380)
20 Years and Greater
7.7%
(N=56)
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Figure 5. Length of Mandatory Minimum Penalties for
Sexual Abuse Offenders
Fiscal Year 2016
[N=726]
Figure 6. Geographic Distribution of Sexual Abuse Offenders
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Number of Sexual Abuse Cases in Each District
Number of Sexual Abuse Cases
Convicted Under a Statute Carrying a Mandatory Minimum Penalty
in Each District
21
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
Offenders Demographics
Race, Gender, and Citizenship
to comprise the largest demographic group of
However, since the Commission’s 2011 Mandatory
Minimum Report
as a percentage within each of these categories
increased in each category. The percentage of
The percentage
White
25.8%
White
62.7%
White
49.1%
Black
28.0%
Black
21.1%
Black
23.6%
Hispanic
14.5%
Hispanic
12.7%
Hispanic
13.3%
Native
American
28.2%
Native
American
2.1%
Native
American
11.7%
White Black Hispanic Native American Non-NA Other
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
All Sexual Abuse Offenders
Convicted of an Offense Carrying a Mandatory Minimum Penalty
Non-Mandatory Minimum Offenders
Figure 7. Race of Sexual Abuse Offenders
Fiscal Year 2016
Non-NA
Other
2.3%
Non-NA
Other
1.5%
Non-NA
Other
3.6%
In the previous reports issued in this series,
penalties, a notable portion of sexual abuse
represented the largest portion of sexual abuse
relatively large representation among the group of
carrying a mandatory minimum penalty is largely
due to the Assimilative Crimes Act, which provides
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
22
state law occurring in Indian country, in addition to
Age
minimum penalty were fairly evenly distributed
mandatory minimum penalty, the average age was
Table 3. Gender and Citizenship of Sexual Abuse Offenders
Fiscal Year 2016
All Sexual Abuse
Offenders
Convicted of an Offense
Carrying a Mandatory
Minimum Penalty
Subject to Mandatory
Minimum Penalty
Total Number of Offenders
1,148 726 667
Male 91.9% 94.2% 95.4%
Female 8.1% 5.8% 4.6%
U.S. Citizen 92.8% 94.4% 94.6%
Non-U.S. Citizen 7.2% 5.6% 5.4%
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Figure 8. Age of Sexual Abuse Offenders
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
All Sexual Abuse Offenders
Convicted of a Sexual Abuse Offense
Carrying a Mandatory Minimum
2.6%
(N=30)
15.2%
(N=174)
19.9%
(N=228)
16.1%
(N=185)
11.4%
(N=131)
18.5%
(N=212)
16.4%
(N=188)
Younger than 21
21-25
26-30
31-35
36-40
41-50
Older than 50
0.0% 10.0% 20.0% 30.0% 40.0% 50.0%
1.2%
(N=9)
11.0%
(N=80)
18.7%
(N=136)
17.4%
(N=126)
13.5%
(N=98)
20.5%
(N=149)
17.6%
(N=128)
Younger than 21
21-25
26-30
31-35
36-40
41-50
Older than 50
0.0% 10.0% 20.0% 30.0% 40.0% 50.0%
23
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
Criminal History
evenly throughout criminal history categories.
The distribution of criminal history categories
carrying a mandatory minimum penalty largely
mirrors the distribution for all sexual abuse
Plea and Trial Rates
Table 4. Criminal History of Sexual Abuse Offenders
Fiscal Year 2016
All Sexual Abuse
Offenders
Convicted of an Offense
Carrying a Mandatory
Minimum Penalty
Subject to Mandatory
Minimum Penalty
Total Number of Offenders
1,148 726 667
CRIMINAL HISTORY CATEGORY
I
63.6% 65.2% 66.1%
II
10.7% 9.1% 8.7%
III
9.9% 9.2% 8.7%
IV
5.7% 5.0% 5.0%
V
4.7% 6.1% 6.3%
VI
5.4% 5.5% 5.3%
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Figure 9. Trial Rate of Sexual Abuse Offenders
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
17.4%
(N=126)
12.7%
(N=146)
Convicted of a Sexual Abuse
Offense Carrying a Mandatory
Minimum
All Sexual Abuse Offenders
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
24
Relief from Mandatory Minimum Penalties
the mandatory minimum penalty at sentencing
substantial assistance to the government. This is
Demographics
percent.
any demographic group, an increase from the rate at
substantial assistance relief from the mandatory
minimum penalty at similar rates to each other.
received substantial assistance relief. However,
mandatory minimum penalty.
demographic groups may be explained, in part, by
carrying a mandatory minimum penalty were
substantial assistance departures at a similar rate to
minimum penalty were most frequently sentenced
assistance departures are generally less common
White
64.3%
Black
19.0%
Hispanic
12.9%
Native
American
2.1%
White Black Hispanic Native American Non-NA Other
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Subject to a Sexual Abuse Mandatory Minimum Penalty
Figure 11. Race of Sexual Abuse Offenders Subject to Mandatory Minimum Penalty
Fiscal Year 2016
Non-NA
Other
1.7%
Relieved of Mandatory
Minimum Penalty
8.1%
(N=59)
No Relief
91.9%
(N=667)
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Figure 10. Sexual Abuse Offenders Relieved of Mandatory Minimum Penalty
Fiscal Year 2016
25
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
received relief from that penalty more than three
citizens obtained relief from the mandatory
minimum penalty more often than United States
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
93.0%
73.8%
92.1%
87.8%
7.0%
26.2%
7.9%
12.2%
0.0%
20.0%
40.0%
60.0%
80.0%
100.0%
Male Female U.S. Citizen Non-U.S. Citizen
Subject to Mandatory Minimum Penalty Substantial Assistance
Figure 13. Sexual Abuse Offenders Who Were Relieved of the Penalty by Gender and Citizenship
Fiscal Year 2016
Figure 12. Sexual Abuse Offenders Who Were Relieved of the Penalty by Race of Offender
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
91.9%
94.3%
83.0%
93.5%
93.3%
100.0%
8.1%
5.7%
17.0%
6.5%
6.7%
0.0%
0.0%
20.0%
40.0%
60.0%
80.0%
100.0%
Offenders
Convicted of
Mandatory
Minimum Penalty
White Black Hispanic Native American Other - Non NA
Subject to Mandatory Minimum Penalty Substantial Assistance
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
26
Sentencing of Sexual Abuse Offenders
Average Sentence Length
The Commission compared the average
carrying a mandatory minimum penalty, and
carrying a mandatory minimum penalty, the
Commission also compared the average sentence
mandatory minimum penalty.
carrying a mandatory minimum penalty was
nearly three times as long as the average sentence
average sentence length for those sexual abuse
Figure 14. Average Sentence Length for Sexual Abuse Offenders by Mandatory Minimum Status
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
252 mos.
86 mos.
191 mos.
Convicted of Mandatory
Minimum [N=726]
Not Convicted of
Mandatory Minimum
[N=422]
All Sexual Abuse
(N=1,148)
27
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
were higher than they were at the time of the
Commission’s 2011 Mandatory Minimum Report,
years longer than the next highest group, Hispanic
minimum penalty with an appreciable number of
longest average sentence (331 months), there was
Figure 15. Average Sentence Length for Sexual Abuse Offenders by Status of Relief from the
Mandatory Minimum Penalty
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
263 mos.
129 mos.
Subject to Mandatory Minimum Penalty at
Sentencing [N=667]
Relieved of Mandatory Minimum Penalty
[N=59]
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
28
A similar relationship exists between average
sentence lengths by demographic group for
U.S. citizens had a longer average sentence than
Sentences Relative to the Guideline Range
all sexual abuse sentences, 27.4 percent of those
minimum penalty at sentencing, compared to
respectively.
sponsored below range sentence other than
a mandatory minimum penalty, and 17.4 percent of
penalty at sentencing.
Figure 16. Average Sentence Length for Sexual Abuse Offenders and Status of Relief from the Mandatory Minimum
Penalty by Race
Fiscal Year 2016
230
264
85
271
158
219
80
242
169
231
77
238
130
331
104
350
126
258
29
258
0
60
120
180
240
300
360
All Sexual Abuse Offenders Convicted of an Offense
Carrying MM Penalty
Not Convicted Under MM
Penalty
Subject to MM Penalty
at Sentencing
White Black Hispanic Native American Other - Non NA
Months
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
29
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
Figure 17. Average Sentence Length for Sexual Abuse Offenders and Status of Relief from the Mandatory Minimum
Penalty by Gender and Citizenship Status
Fiscal Year 2016
197
254
91
264
120
211
45
244
194
253
87
264
153
229
79
248
0
50
100
150
200
250
300
All Sexual Abuse Offenders Convicted of an Offense
Carrying MM Penalty
Not Convicted Under MM
Penalty
Subject to MM Penalty
at Sentencing
Male Female U.S. Citizen Non-U.S. Citizen
Months
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Table 5. Sentence Relative to the Guideline Range for Sexual Abuse Offenders
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
All Sexual Abuse
Offenders
Convicted of a Statute Carrying
a Mandatory Minimum Penalty
Subject to Mandatory
Minimum Penalty
Total (# of offenders)
1,148 726 667
SENTENCE RELATIVE TO THE GUIDELINE RANGE
Within Range
43.0%
45.6% 49.6%
Above Range
5.5%
2.9% 3.2%
Substantial Assistance §5K1.1
8.4%
8.1% 0.0%
Other Government Sponsored (no §5K1.1)
18.3%
16.0% 17.4%
Non-Government Sponsored Below Range
24.8%
27.4% 29.8%
The rates of below range sentences increased
government sponsored below range sentences
percent of those same categories, respectively, and
government sponsored below range sentences for a
reason other than substantial assistance represented
sentences in those same categories, respectively.
There is a close relationship between the
average guideline minimum sentence and the
average sentence imposed for both all sexual abuse
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
30
SOURCE: U.S. Sentencing Commission 2004 through 2016 Datafiles, USSCFY2004-USSCFY2016.
0
60
120
180
240
300
Guideline Minimum Sentence
Figure 19. Average Guideline Minimum and Sentence for Sexual Abuse Offenders Convicted of an Offense Carrying a
Mandatory Minimum Penalty
Fiscal Years 2004 - 2016
Months
has widened over time for both groups.
minimum penalty was three years shorter than the
average minimum guideline sentence, the largest
SOURCE: U.S. Sentencing Commission 2004 through 2016 Datafiles, USSCFY2004-USSCFY2016.
0
60
120
180
240
300
Guideline Minimum Sentence
Figure 18. Average Guideline Minimum and Sentence for Sexual Abuse Offenders
Fiscal Years 2004 - 2016
Months
31
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
Sexual Abuse Offenders in the Federal
Prison Population
portion of the federal prison population. Sexual
of the federal prison population as of September
mandatory minimum penalty.
Sexual Abuse
Offenders
3.5%
(N=5,764)
All Other
Offenders
96.5%
(N=161,007)
Not Convicted of a
Mandatory Minimum
Penalty
29.5%
(N=1,699)
Convicted of a
Mandatory
Minimum Penalty
70.5%
(N=4,055)
BOP Population
as of September 30, 2016
1
The mandatory minimum status of 10 offenders could not be determined from sentencing documentation.
SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafile, USSCBOP.
Sexual Abuse Offenders in BOP Population
1
as of September 30, 2016
Figure 20. Sexual Abuse Offenders in the BOP Population
At the End of Fiscal Year 2016
0
1,000
2,000
3,000
4,000
5,000
6,000
Sexual Abuse Offenders Sexual Abuse Offenders Convicted of a MM
Figure 21.
Number of Sexual Abuse Offenders in BOP Population
At the End Fiscal Years 2004 - 2016
SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafile, USSCBOP.
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
32
mandatory minimum penalty in the federal prison
Child Pornography Offenses
This section of the publication turns to the
noted, the Commission builds upon its previous
study of this section by analyzing overall trends
mandatory minimum as compared to those not. This
publication, however, extended the Commission
research in this area by providing additional analyses
for each subtype of child pornography: possession,
receipt, and distribution.
As part of this analysis,
the Commission compares the sentencing data for
those convicted of possession, which does not carry
a mandatory minimum penalty, with the other types
Prevalence of Child Pornography Offenses
How Often Were Offenders Charged with a
Child Pornography Offense?
minimum penalty. Those convicted of a child
All Other Federal
Offenders
97.5%
(N=60,686)
Pornography Offenders
2.5%
(N=1,565)
[N=62,251]
SOURCE: U.S. Sentencing Commission 2016 Datafile, USSCFY2016.
Figure 22. Child Pornography Offenders Convicted of an Offense Carrying a Mandatory Minimum Penalty
Fiscal Year 2016
Not Convicted
Under a Statute
Carrying a MM
Penalty
40.4%
(N=633)
Convicted Under
a Statute
Carrying a MM
Penalty
59.6%
(N=932)
33
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
possession.
portion,
and had a prior conviction for an enumerated
minimum penalty.
Distribution
44.1%
Receipt
7.9%
Possession
40.4%
Possession - Prior Sex Offense
7.6%
Figure 23. Child Pornography Offenders by Offense Type
Fiscal Year 2016
1
Fifty offenders’ primary guideline was cross referenced from §2G2.2 to §2G2.1 (Production of Child Pornography), and four offenders were cross referenced from §2G3.1
(Transferring Obscene Matter to a Minor) to §2G2.2. An additional two offenders were sentenced under the 1997 Guidelines Manual, which had lower penalties for these offenses.
These 56 offenders are not included in this analysis.
2
Eighty offenders were sentenced under §2G2.2 (Trafficking in Child Pornography), but were also convicted under a sexual abuse statute such as production of child pornography.
These offenders are included in this analysis and also the sexual abuse analysis.
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
[N=1,565]
1
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
34
This number stabilized somewhat following the
Commission’s 2011 Mandatory Minimum Report.
It reached a high point of 1,734 in 2012 and
of child pornography was the most common child
of child pornography became the most prevalent
Commission’s 2011 Mandatory Minimum Report,
SOURCE: U.S. Sentencing Commission 2004 through 2016 Datafiles, USSCFY2004-USSCFY2016.
0
250
500
750
1,000
1,250
1,500
1,750
2,000
Child Pornography Offenders
Figure 24. Number of Offenders Convicted of Child Pornography Offenses
Fiscal Years 2004 - 2016
Number
SOURCE: U.S. Sentencing Commission 2004 through 2016 Datafiles, USSCFY2004-USSCFY2016.
0
250
500
750
1,000
Distribution Receipt Possession - No Prior Sex Offense Possession - Prior Sex Offense
Figure 25. Number of Child Pornography Offenders by Type of Offense
Fiscal Years 2004 - 2016
Number
35
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
distribution, receipt, and possession with prior sex
mandatory minimum penalty also generally
Figure 26. Percentage of Child Pornography Offenders Convicted of an Offense Carrying a Mandatory Minimum Penalty
Fiscal Years 2004 - 2016
0.0%
20.0%
40.0%
60.0%
80.0%
100.0%
Child Pornography
SOURCE: U.S. Sentencing Commission, 2004 through 2016 Datafiles, USSCFY04 – USSCFY16.
Percent
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
36
How Severe Were Mandatory Minimum
Penalties for Child Pornography Offenders?
minimum penalties. As noted in Section 3, receipt
carry no mandatory minimum penalty and a
maximum penalty of ten years (or 20 years if the
a defendant has a prior federal or state conviction
the penalty range for possession increases to a
mandatory minimum term of ten years and a
maximum term of 20 years of imprisonment.
carrying a mandatory minimum penalty faced a
with either receipt or distribution with no prior sex
which comprised those convicted of possession
Five Years
79.1%
(N=737)
10 Years
13.2%
(N=123)
15 Years
7.7%
(N=72)
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Figure 27. Length of Mandatory Minimum Penalties for Child Pornography Offenders
Fiscal Year 2016
[N=932]
37
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
Where Were Offenders Convicted of Child
Pornography Offenses?
carrying a mandatory minimum penalty.
separately analyzing each of the three subtypes of
child pornography.
Figure 28. Geographic Distribution of Child Pornography Offenders
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Number of Child Pornography
Cases in Each District
Number of Child Pornography Offenders
Convicted Under a Statute Carrying a Mandatory Minimum Penalty
in Each District
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
38
pornography, followed by the Western District
cases.
had no receipt cases.
Offender Demographics
Race, Gender, and Citizenship
Consistent with the Commission’s past
Figure 29. Possession of Child Pornography Offenders
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Figure 30. Receipt of Child Pornography Offenders
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Figure 31. Distribution of Child Pornography Offenders
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
39
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
Figure 32. Race of Child Pornography Offenders
Fiscal Year 2016
White
83.2%
White
83.0%
White
80.9%
Black
4.1%
Black
4.2%
Black
3.8%
Hispanic
11.3%
Hispanic
11.3%
Hispanic
12.9%
Other
1.4%
Other
1.5%
Other
2.4%
White Black Hispanic Other
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
All Child Pornography Offenders
Convicted of an Offense Carrying a Mandatory Minimum Penalty
Subject to Mandatory Minimum Penalty at Sentencing
White
81.9%
White
86.3%
White
77.9%
Black
3.8%
Black
5.4%
Black
3.2%
Hispanic
12.6%
Hispanic
7.5%
Hispanic
15.4%
Other
1.7%
Other
0.8%
Other
3.6%
White Black Hispanic Other
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Possession
Receipt
Distribution
Figure 33. Race of Child Pornography Offenders by Type of Offense
Fiscal Year 2016
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
40
70
Age
Table 6. Gender and Citizenship of Child Pornography Offenders
Fiscal Year 2016
All Child
Pornography
Offenders
Convicted of an Offense
Carrying a Mandatory
Minimum Penalty
Subject to Mandatory
Minimum Penalty
Total Number of Offenders
1,565 932 911
Male
99.7% 99.8% 99.9%
Female
0.3% 0.2% 0.1%
U.S. Citizen
96.2% 96.2% 96.2%
Non-U.S. Citizen
3.8% 3.8% 3.8%
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Figure 34. Age of Child Pornography Offenders
Fiscal Year 2016
1.2%
(N=19)
8.0%
(N=125)
14.4%
(N=226)
15.4%
(N=241)
13.0%
(N=203)
21.2%
(N=332)
26.8%
(N=419)
Younger than 21
21-25
26-30
31-35
36-40
41-50
Older than 50
0.0% 10.0% 20.0% 30.0% 40.0% 50.0%
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
All Child Pornography Offenders
Convicted of a Child Pornography Offense
Carrying a Mandatory Minimum
0.5%
(N=5)
6.9%
(N=64)
12.9%
(N=120)
15.7%
(N=146)
14.6%
(N=136)
21.6%
(N=201)
27.9%
(N=260)
Younger than 21
21-25
26-30
31-35
36-40
41-50
Older than 50
0.0% 10.0% 20.0% 30.0% 40.0% 50.0%
41
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
Criminal History
distributed fairly evenly throughout criminal history
categories. Compared to all child pornography
a mandatory minimum penalty were in Criminal
History Category I, with slightly larger percentages
in each of the higher categories.
71
Plea and Trial Rates
72
The Commission also analyzed
73
they had at the time of the Commission’s 2011
andatory Minimum Report
74
Table 7. Criminal History of Child Pornography Offenders
Fiscal Year 2016
All
Child Pornography
Offenders
Convicted of an Offense
Carrying a Mandatory
Minimum Penalty
Subject to Mandatory
Minimum Penalty
Total Number of Offenders
1,565 932 911
CRIMINAL HISTORY CATEGORY
I
78.3% 70.2% 70.6%
II
9.1% 12.0% 12.0%
III
7.5% 10.4% 10.2%
IV
2.6% 3.9% 3.7%
V
1.4% 2.0% 2.0%
VI
1.2% 1.5% 1.5%
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Figure 35. Trial Rate of Child Pornography Offenders
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
3.9%
(N=36)
2.6%
(N=41)
Convicted of a Child Pornogrpahy Offense Carrying a
Mandatory Minimum
All Child Pornography Offenders
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
42
Relief from Mandatory Minimum Penalties
mandatory minimum penalty at sentencing pursuant
assistance to the government. Child pornography
faced a mandatory minimum penalty as a result of
Figure 36. Plea and Trial Rate of Child Pornography Offenders by the Type of Offense
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
97.4%
98.8%
96.8%
95.9%
2.6%
1.2%
3.3%
4.1%
0.0%
20.0%
40.0%
60.0%
80.0%
100.0%
All Offenders Possession Receipt Distribution
Plea Trial
Relieved of
Mandatory Minimum
Penalty
2.3%
(N=21)
No Relief
97.7%
(N=911)
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Figure 37. Child Pornography Offenders Relieved of
Mandatory Minimum Penalty
Fiscal Year 2016
43
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
however, comprised relatively small portions of
who comprised the largest portions of both groups,
2.1 percent of cases.
Figure 38. Child Pornography Offenders Convicted of an Offense Carrying a Mandatory Minimum Penalty Who Were
Relieved of the Penalty by Type of Pornography Offense
Fiscal Year 2016
• Possession offenders (no prior sex offense) are not subject to mandatory minimum penalties at sentencing. These statistics reflect the rate for all possession of child pornography offenders.
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
96.6%
100.0%
97.5%
3.4%
0.0%
2.5%
0.0%
20.0%
40.0%
60.0%
80.0%
100.0%
Possession - Prior Sex Offense Receipt Distribution
Subject to Mandatory Minimum Penalty Substantial Assistance
Figure 39. Child Pornography Offenders Convicted of an Offense Carrying a Mandatory Minimum Penalty
Who Were Relieved of the Penalty by Race of Offender
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
97.9%
94.9%
98.1%
92.9%
2.1%
5.1%
1.9%
7.1%
0.0%
20.0%
40.0%
60.0%
80.0%
100.0%
White Black Hispanic Other
Subject to Mandatory Minimum Penalty Substantial Assistance
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
44
Sentencing of Child Pornography
Offenders
Average Sentence Length
The Commission compared the average
minimum penalty, the Commission also compared
the average sentence lengths for those relieved of
sentence (140 months), followed by receipt
analysis.
Average sentence lengths varied by
Figure 40. Average Sentence Length for All Child Pornography Offenders and by Type of Child Pornography Offense
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
140 mos.
93 mos.
67 mos.
101 mos.
Distribution of Child Pornography
(N=690)
Receipt of Child Pornography
(N=123)
Possession of Child Pornography
(N=752)
All Child Pornography (N=1,565)
45
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
77
longer average sentence than female possession
while the opposite was true for distribution
The average sentence lengths were more similar for
citizens.
Figure 41. Average Sentence Length for Child Pornography Offenders by Type of Pornography Offense and Race
Fiscal Year 2016
102
69
95
138
100
76
81
129
103
60
79
156
91
61
153
0
50
100
150
200
All Child Pornography
Offenders
Possession of Child
Pornography
Receipt of Child Pornography Distribution of Child
Pornography
White Black Hispanic Other
NA
Months
Table 8. Average Sentence Length for Child Pornography Offenders by Gender and Citizenship Status
Fiscal Year 2016
All Child
Pornography
Offenders
Possession of Child
Pornography
Receipt of Child
Pornography
Distribution of Child
Pornography
AVERAGE SENTENCE (Months)
Male 102 68 93 140
Female 77 33 NA NA
U.S. Citizen 101 67 94 139
Non-U.S. Citizen 106 58 65 153
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
46
Sentencing of Possession Offenses
a mandatory minimum penalty, was substantially
conviction) and relieved of the mandatory minimum
penalty had an average sentence of 100 months, 37
sentence length and the average sentence length for
penalty was also shorter than the average sentence
to 100 months).
Figure 42. Average Sentence Length for Possession of Child Pornography Offenders
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
136 mos.
55 mos.
Possession - Prior Sex
Offense (N=119)
Possession - No Mandatory
Minimum (N=633)
137 mos.
100 mos.
136 mos.
Figure 43. Impact of Relief on Average Sentence Length of Child Pornography Offenders Convicted of an
Offense Carrying a Mandatory Minimum Penalty
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Relieved of Mandatory Minimum Penalty
Convicted of an Offense Carrying a Mandatory Minimum Penalty
Subject to Mandatory Minimum Penalty at Sentencing
47
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
Although there was a noticeable impact on
the possession mandatory minimum penalty, few
to the mandatory minimum penalty by demographic
group mirrors the average sentence lengths for
Sentencing of Receipt & Distribution Offenses
had an average sentence nearly four years longer
penalty had an average sentence length of 122
received relief from the mandatory minimum
penalty.
Table 9. Average Sentence Length for Possession of Child Pornography
Offenders Carrying a Mandatory Minimum Penalty by Race
Fiscal Year 2016
Convicted of an Offense Carrying
a Mandatory Minimum Penalty
Subject to
Mandatory Minimum Penalty
AVERAGE SENTENCE (Months)
Possession of Child Pornography
White
135 137
Black
140 140
Hispanic
146 146
Other
NA NA
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Figure 44. Impact of Relief on Average Sentence Length of Child Pornography Offenders Convicted of an Offense
Carrying a Mandatory Minimum Penalty
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
93
140
122
93
140
0
50
100
150
Receipt Distribution
Convicted of a MM Penalty Relieved of MM Penalty Subject to MM Penalty at Sentencing
months
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
48
minimum penalty, the average sentence length for
minimum penalty by demographic group mirrors
Charging Decisions Continue to Impact
Sentence Length for Possession and Receipt
Offenders
As noted above, past Commission analysis
Table 10.
Average Sentence Length for Receipt and Distribution of Child
Pornography Offenders by Race
Fiscal Year 2016
Convicted of an Offense Carrying
a Mandatory Minimum Penalty
Subject to
Mandatory Minimum Penalty
AVERAGE SENTENCE (Months)
Receipt of Child Pornography
White
95 95
Black
81 81
Hispanic
79 79
Other
NA NA
Distribution of Child Pornography
White
138 138
Black
129 133
Hispanic
156 157
Other
153 156
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
Figure 45. Average Sentence Length for Possession and Receipt of Child Pornography Offenders
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
85 mos.
55 mos.
Receipt of Child
Pornography - No Prior Sex
Offense (N=113)
Possession of Child
Pornography - No Prior Sex
Offense (N=633)
In the 2011 Mandatory Minimum Report
and the 2012 Child Pornography Report,
the Commission found that “there appears to
be little difference in the offense seriousness
between typical receipt cases and typical
possession cases.”
49
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
the defendant is charged with possession or receipt
The Commission compared the average sentence
not face any mandatory minimum penalty, with
minimum, were excluded from this analysis. The
Sentences Relative to the Guideline Range
Consistent with the Commission’s past
analysis of sentencing for child pornography
sponsored departure or variance other than
were sentenced within the guideline range,
carrying any mandatory minimum penalty.
government sponsored below range sentence. This
a government sponsored departure or variance
other than substantial assistance at the highest
respectively).
Table 11. Sentence Relative to the Guideline Range for Child Pornography Offenders by Type of Pornography Offense
Fiscal Year 2016
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
All Child Pornography
Offenders
Possession of
Child Pornography
Receipt of
Child Pornography
Distribution of
Child Pornography
Total (# of offenders) 1,565
752 123 690
SENTENCE RELATIVE TO THE GUIDELINE RANGE
Within Range
26.8% 28.3% 27.6% 24.9%
Above Range
1.9% 2.1% 4.9% 1.2%
Substantial Assistance §5K1.1
1.7% 1.3% 0.0% 2.5%
Other Government Sponsored (no §5K1.1)
20.8% 23.9% 16.3% 18.3%
Non-Government Sponsored Below Range
48.8% 44.3% 51.2% 53.2%
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
50
SOURCE: U.S. Sentencing Commission 2004 through 2016 Datafiles, USSCFY2004-USSCFY2016.
0
60
120
180
240
Guideline Minimum
Possession (No Mandatory Minimum)
Guideline Minimum
Possession with Prior Sex Offense (10-Year MM)
Sentence
Possession (No Mandatory Minimum)
Sentence
Possession with Prior Sex Offense (10-Year MM)
Figure 47. Average Guideline Minimum and Sentence for Possession of Child Pornography Offenses
Fiscal Years 2004 - 2016
Months
Figure 46. Average Guideline Minimum and Sentence for Child Pornography Offenders
Fiscal Years 2004 - 2016
Months
SOURCE: U.S. Sentencing Commission 2004 through 2016 Datafiles, USSCFY2004-USSCFY2016.
0
60
120
180
240
Guideline Minimum Sentence
Months
51
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
1 There were no receipt cases in fiscal year 2004.
SOURCE: U.S. Sentencing Commission 2005 through 2016 Datafiles, USSCFY2005-USSCFY2016.
0
60
120
180
240
Guideline Minimum Sentence
Figure 48. Average Guideline Minimum and Sentence for Receipt of Child Pornography Offenses
Fiscal Years 2005 - 2016
1
Months
The average guideline minimum for child
months), it has remained relatively stable since,
facing a mandatory minimum penalty, the average
sentence and the average guideline minimum
minimum sentence continued to steadily increase
while the average sentence decreased and then
months less than the average guideline minimum
mandatory minimum as the result of a prior sex
minimum sentence were never more than ten
guideline minimum sentence (141 months) was
months).
pornography has remained relatively stable, from
stable and close to the guideline minimum, the
average sentence decreased from 121 months in
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
52
diverged further from the average sentence imposed.
convicted of distribution of child pornography
average sentence also increased, from 70 months
Child Pornography Offenders in the
Federal Prison Population
increasing portion of the federal prison population.
carrying a mandatory minimum penalty.
a mandatory minimum penalty in the federal prison
SOURCE: U.S. Sentencing Commission 2004 through 2016 Datafiles, USSCFY2004-USSCFY2016.
0
60
120
180
240
Guideline Minimum Sentence
Figure 49. Average Guideline Minimum and Sentence for Distribution of Child Pornography Offenses
Fiscal Years 2004 - 2016
Months
53
Section Four:
Data analysis
United States Sentencing Commission
ManDatory MiniMuM Penalties for feDeral sex offenses (2019)
Child
Pornography
5.1%
(N=8,508)
All Other
Offenders
94.9%
(N=158,263)
Not Convicted
Under a MM
Penalty
25.9%
(N=2,203)
Convicted Under
a MM Penalty
74.1%
(N=6,303)
BOP Population
as of September 30, 2016
1
The mandatory minimum status of two offenders could not be determined from sentencing documentation.
SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafile, USSCBOP.
Child Pornography Offenders in BOP Population
1
as of September 30, 2016
Figure 50. Child Pornography Offenders in Federal Prison
At the End of Fiscal Year 2016
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
Child Pornography Offenders Child Pornography Offenders Convicted of a MM
Figure 51. Number of Child Pornography Offenders in Federal Prison
At the End Fiscal Years 2004 - 2016
SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafile, USSCBOP.
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
54
5
Conclusion
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
56
Conclusion
Since the Commission’s 2011 Mandatory
Minimum Report
the federal caseload overall and of cases involving
a mandatory minimum penalty. However, the
generally, and the percentage convicted of a sex
both increased since the Commission’s last
carrying a mandatory minimum penalty each also
At the time that it published the 2011 Mandatory
Minimum Report, the Commission concluded that
review suggested that “the mandatory minimum
the resulting guidelines sentencing ranges may be
excessively severe and as a result are being applied
inconsistently.”
mandatory minimum penalties for receipt of child
pornography. It determined that there was little
minimum penalty, and typical possession cases,
which require none. In its 2012 Report to the
Congress: Federal Child Pornography Oenses,
thus expressed concern regarding “unwarranted
sentencing disparities resulting from inconsistent
application of the mandatory minimum penalty
“Congress align the statutory penalties for receipt
and possession.”
The Commission’s concern regarding
penalty for receipt was inconsistently applied.
were charged with possession (and had no prior sex
sentenced to terms two and a half years longer than
.
Endnotes
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
58
1
], available at https://www.ussc.gov/sites/
2 U
available at
], available at
available at https://
available at
3
[hereinafter 2011 ], available at https://
Sentencing Statistics. See
[hereinafter see also id.
Sentencing Statistics. See supra note 4.
sentenced under United States Sentencing Commission, Guidelines Manual
See, e.g.
59
EndnotEs
United States Sentencing Commission
Mandatory MiniMuM PEnaltiEs for fEdEral sEx offEnsEs (2019)
See
See USSG App. A. The latter is deemed a “sexual
life imprisonment. See
10
11 See, e.g.
“not more than 20 years” for causing an adult to travel in interstate or foreign commerce in order to engage
in prostitution or other illegal sexual activity). But see
12
Attempt to Commit Such Acts), 2A3.3 (Criminal Sexual Abuse of a Ward or Attempt to Commit Such Acts),
2A3.4 (Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact), 2G1.1 (Promoting a Commercial
13 See
in sexually explicit conduct”). “Sexually explicit conduct” encompasses various sexual conduct, including sexual
intercourse, oral and anal sex, masturbation, bestiality, and the “lascivious exhibition of the genitals or pubic
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
60
See,
e.g., USSG §2G3.1(c).
14
See, e.g.
See
See, e.g., USSC §2G2.2(b)(1). This report will use the term
“distribute” to refer to all types of distribution (as well as possession with the intent to distribute). Cf. 21 U.S.C.
See
Seesee also United States v. Williams,
available for free to other participants.”).
17 See, e.g.
See, e.g.
See
20
21
22
23
See
61
EndnotEs
United States Sentencing Commission
Mandatory MiniMuM PEnaltiEs for fEdEral sEx offEnsEs (2019)
24
27
the analyses in this publication.
See 2011 supra note 3, at 300 (quoting
Id.
30 See
shall be imposed in accordance with the guidelines and policy statements issued by the Sentencing Commission
31 See
32 See
33 2011 , supra
34 Id.
Id.
Id..
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
62
37
(2012) [hereinafter 2012 ], available at
Id.
Id
40
cases considered for this publication. See 2017 , supra
used in this publication, with respect to records collection and data analysis, is described in detail in the 2017
Overview Publication, supra
41 Id.
42 2011 supra note 3, at 300.
43
44 The Commission used 2004 as the earliest point for the analysis in the publication because statutory
See 2012
supra note 37,
Table 1 is greater than 100 percent.
63
EndnotEs
United States Sentencing Commission
Mandatory MiniMuM PEnaltiEs for fEdEral sEx offEnsEs (2019)
47
mandatory minimum penalty was §§
§
in Table 2 but are included in all other analysis.
§
are not necessarily sexual abuse in nature and are not included in the analysis for this report. All three of these
A complete distribution by circuit and district is provided in Appendix A.
2017 , supra note 1, at 37.
See 2011 supra note 3, at 302.
Id.
§
upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, or on,
Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made
of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the
(Laws governing) (Except as otherwise expressly provided by law, the general laws of the United States as to the
except the District of Columbia, shall extend to the Indian country.).
See 2017 , supra
See id.
2017 , supra
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
64
2011 supra note 3, at
2011 supra note 3,
See , supra
2011 supra note 3, at 312.
documentation.
whose primary sentencing guideline was §§2G2.2 or 2G2.4. While some cases are still sentenced under §2G2.4,
even following its deletion from the Guidelines Manual in 2004, no cases were sentenced under this guideline in
Guidelines Manual, which had lower
See infra Section 3 for a more detailed description of the federal child pornography statutes and
penalties.
65
EndnotEs
United States Sentencing Commission
Mandatory MiniMuM PEnaltiEs for fEdEral sEx offEnsEs (2019)
71 See 2017 , supra
72 See, supra note 2, at 27.
73 See id.
74 2011 supra note 3, at
See 2017 , supra
See infra
See infra
See , supra
See id.
documentation.
2011 supra note 3,
, supra note 37.
2011 supra note 3,
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
66
Appendix A
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
68
CIRCUIT
District Number Percent Number Percent Number Percent
TOTAL 1,148 100.0 726 100.0 667 100.0
D.C. CIRCUIT 9 0.8 4 0.6 3 0.5
District of Columbia 9 0.8 4 0.6 3 0.5
FIRST CIRCUIT 35 3.1 21 2.9 21 3.2
Maine 6 0.5
3
0.4 3 0.5
Massachusetts 7 0.6 6 0.8 6 0.9
New Hampshire 7 0.6 2 0.3 2 0.3
Puerto Rico 9 0.8 8 1.1 8 1.2
Rhode Island 6 0.5 2 0.3 2 0.3
SECOND CIRCUIT 73 6.4 55 7.6 49 7.4
Connecticut 6 0.5 5 0.7 3 0.5
New York
Eastern 17 1.5 14 1.9 13 2.0
Northern 12 1.1 12 1.7 12 1.8
Southern 8 0.7 5 0.7 5 0.8
Western 26 2.3 17 2.3 14 2.1
Vermont 4 0.4 2 0.3 2 0.3
THIRD CIRCUIT 38 3.3 35 4.8 34 5.1
Delaware 0 0.0 0 0.0 0 0.0
New Jersey 9 0.8 8 1.1 8 1.2
Pennsylvania
Eastern 17 1.5 17 2.3 16 2.4
Middle 7 0.6 6 0.8 6 0.9
Western 5 0.4 4 0.6 4 0.6
Virgin Islands 0 0.0 0 0.0 0 0.0
FOURTH CIRCUIT 97 8.5 59 8.1 55
8.3
Maryland 13 1.1 9 1.2 7 1.1
North Carolina
Eastern 9 0.8 4 0.6 4 0.6
Middle 4 0.4 2 0.3 1 0.2
Western 8 0.7 6 0.8 6 0.9
South Carolina 10 0.9 1 0.1 1 0.2
Virginia
Eastern 40 3.5 30 4.1 29 4.4
Western 6 0.5 3 0.4 3 0.5
West Virginia
Northern 5 0.4 2 0.3 2 0.3
Southern 2 0.2 2 0.3 2 0.3
Appendix A continued
Appendix A. Mandatory Minimum Status for Sexual Abuse Offenders in Each Circuit
and District
1
Fiscal Year 2016
Sexual Abuse
Offenders
Convicted of an
Offense Carrying a
Mandatory Minimum
Penalty
Subject to Mandatory
Minimum Penalty at
Sentencing
69
Appendix
United States Sentencing Commission
MAndAtory MiniMuM penAlties for federAl sex offenses (2019)
CIRCUIT
District Number Percent Number Percent Number Percent
FIFTH CIRCUIT 140 12.2 92 12.7 87 13.0
Louisiana
Eastern 13 1.1 7 1.0 5 0.8
Middle 1 0.1 0 0.0 0 0.0
Western 5 0.4 4 0.6 3 0.5
Mississippi
Northern 1 0.1 1 0.1 1 0.2
Southern 2 0.2 1 0.1 1 0.2
Texas
Eastern 12 1.1 8 1.1 8 1.2
Northern 32 2.8 24 3.3 23 3.5
Southern 50 4.4 31 4.3 30 4.5
Western 24 2.1 16 2.2 16 2.4
SIXTH CIRCUIT 126 11.0 105 14.5 98 14.7
Kentucky
Eastern 14 1.2 13 1.8 13 2.0
Western 14 1.2 11 1.5 10 1.5
Michigan
Eastern 29 2.5 26 3.6 23 3.5
Western 13 1.1 9 1.2 8 1.2
Ohio
Northern 23 2.0 20 2.8 20 3.0
Southern 12 1.1 7 1.0 7 1.1
Tennessee
Eastern 14 1.2 13 1.8 11 1.7
Middle 2 0.2 2 0.3 2 0.3
Western 5 0.4 4 0.6 4 0.6
SEVENTH CIRCUIT 53 4.6 46 6.3 40 6.0
Illinois
Central 9 0.8 9 1.2 7 1.1
Northern 4 0.4 3 0.4 3 0.5
Southern 8 0.7 7 1.0 7 1.1
Indiana
Northern 7 0.6 6 0.8 6 0.9
Southern 16 1.4 16 2.2 14 2.1
Wisconsin
Eastern 6 0.5 3 0.4 1 0.2
Western 3 0.3 2 0.3 2 0.3
EIGHTH CIRCUIT 174 15.2 97 13.4 91 13.6
Arkansas
Eastern 8 0.7 7 1.0 7 1.1
Western 19 1.7 17 2.3 15 2.3
Iowa
Northern 0 0.0 0 0.0 0 0.0
Southern 11 1.0 8 1.1 8 1.2
Minnesota 23 2.0 14 1.9 14 2.1
Missouri
Eastern 9 0.8 5 0.7 5 0.8
Western 26
2.3 21 2.9 20 3.0
Nebraska 10 0.9 5 0.7 5 0.8
North Dakota 33 2.9 14 1.9 11 1.7
South Dakota 35 3.1 6 0.8 6 0.9
Sexual Abuse
Offenders
Convicted of an
Offense Carrying a
Mandatory Minimum
Penalty
Subject to a
Mandatory Minimum
Penalty at Sentencing
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
70
CIRCUIT
District Number Percent Number Percent Number Percent
NINTH CIRCUIT 201 17.5 78 10.7 64 9.6
Alaska 3 0.3 3 0.4 3 0.5
Arizona 53 4.6 5 0.7 5 0.8
California
Central 11 1.0 6 0.8 3 0.5
Eastern 11 1.0 10 1.4 10 1.5
Northern 10 0.9 5 0.7 3 0.5
Southern 40 3.5 14 1.9 10 1.5
Guam 0 0.0 0 0.0 0 0.0
Hawaii 2 0.2 1 0.1 1 0.2
Idaho 3 0.3 1 0.1 1 0.2
Montana 14 1.2 2 0.3 2 0.3
Nevada 10 0.9 4 0.6 3 0.5
Northern Mariana Islands 1 0.1 1 0.1 1 0.2
Oregon 11 1.0 8 1.1 5 0.8
Washington
Eastern 14 1.2 8 1.1 7 1.1
Western 18 1.6 10 1.4 10 1.5
TENTH CIRCUIT 67 5.8 35 4.8 34 5.1
Colorado 11 1.0 7 1.0
7 1.1
Kansas 8 0.7 6 0.8 6 0.9
New Mexico 16 1.4 3 0.4 3 0.5
Oklahoma
Eastern 0 0.0 0 0.0 0 0.0
Northern 8 0.7 6 0.8 5 0.8
Western 6 0.5 2 0.3 2 0.3
Utah 10 0.9 7 1.0 7 1.1
Wyoming 8 0.7 4 0.6 4 0.6
ELEVENTH CIRCUIT 135 11.8 99 13.6 91 13.6
Alabama
Middle 3 0.3 0 0.0 0 0.0
Northern 8 0.7 6 0.8 6 0.9
Southern 3 0.3 1 0.1 1 0.2
Florida
Middle 40 3.5 38 5.2 34 5.1
Northern 22 1.9 14 1.9 13 2.0
Southern 27 2.4 23 3.2 22 3.3
Georgia
Middle 12 1.1 3 0.4 3 0.5
Northern 14 1.2 12 1.7 10 1.5
Southern 6 0.5 2 0.3 2 0.3
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
1
Of the 67,742 cases sentenced in fiscal year 2016, the Commission received complete guideline information in 61,958 cases. The Commission
did not receive complete guideline information for another 287 cases in which the only statute of conviction was 18 U.S.C. § 924(c) and 111
cases in which an offender was sentenced under 18 U.S.C. § 1028A and the guidelines were not applied, but these cases are included in the
analysis. Of the remaining 63,357 cases, 105 were excluded due to missing statutory information.
Sexual Abuse
Offenders
Convicted of an
Offense Carrying a
Mandatory Minimum
Subject to a
Mandatory Minimum
Penalty at Sentencing
Appendix B
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
72
CIRCUIT
District Number Percent Number Percent Number Percent
TOTAL 1,565 100.0 932 100.0 911 100.0
D.C. CIRCUIT 6 0.4 1 0.1 0 0.0
District of Columbia 6 0.4 1 0.1 0 0.0
FIRST CIRCUIT 59 3.8 18 1.9 18 2.0
Maine 11 0.7
5
0.5 5 0.6
Massachusetts 17 1.1 10 1.1 10 1.1
New Hampshire 12 0.8 0 0.0 0 0.0
Puerto Rico 18 1.2 3 0.3 3 0.3
Rhode Island 1 0.1 0 0.0 0 0.0
SECOND CIRCUIT 71 4.5 36 3.9 35 3.8
Connecticut 1 0.1 1 0.1 0 0.0
New York
Eastern 23 1.5 11 1.2 11 1.2
Northern 13 0.8 13 1.4 13 1.4
Southern 15 1.0 6 0.6 6 0.7
Western 16 1.0 5 0.5 5 0.6
Vermont 3 0.2 0 0.0 0 0.0
THIRD CIRCUIT 72 4.6 36 3.9 35 3.8
Delaware 2 0.1 2 0.2 2 0.2
New Jersey 14 0.9 7 0.8 7 0.8
Pennsylvania
Eastern 31 2.0 15 1.6 15 1.7
Middle 5 0.3 3 0.3 2 0.2
Western 19 1.2 9 1.0 9 1.0
Virgin Islands 1 0.1 0 0.0 0 0.0
FOURTH CIRCUIT 148 9.5 99 10.6 99
10.9
Maryland 21 1.3 19 2.0 19 2.1
North Carolina
Eastern 24 1.5 23 2.5 23 2.5
Middle 17 1.1 10 1.1 10 1.1
Western 22 1.4 15 1.6 15 1.7
South Carolina 13 0.8 4 0.4 4 0.4
Virginia
Eastern 35 2.2 22 2.4 22 2.4
Western 4 0.3 4 0.4 4 0.4
West Virginia
Northern 6 0.4 2 0.2 2 0.2
Southern 6 0.4 0 0.0 0 0.0
Appendix B. Mandatory Minimum Status for Child Pornography Offenders in Each
Circuit and District
1
Fiscal Year 2016
Child Pornography
Offenders
Convicted of an
Offense Carrying a
Mandatory Minimum
Penalty
Subject to Mandatory
Minimum Penalty at
Sentencing
73
Appendix
United States Sentencing Commission
MAndAtory MiniMuM penAlties for federAl sex offenses (2019)
CIRCUIT
District Number Percent Number Percent Number Percent
FIFTH CIRCUIT 225 14.4 116 12.5 112 12.3
Louisiana
Eastern 10 0.6 8 0.9 8 0.9
Middle 6 0.4 5 0.5 5 0.6
Western 7 0.5 4 0.4 4 0.4
Mississippi
Northern 8 0.5 3 0.3 3 0.3
Southern 4 0.3 1 0.1 1 0.1
Texas
Eastern 44 2.8 7 0.8 6 0.7
Northern 48 3.1 33 3.5 32 3.5
Southern 43 2.8 27 2.9 27 3.0
Western 55 3.5 28 3.0 26 2.9
SIXTH CIRCUIT 177 11.3 137 14.7 135 14.8
Kentucky
Eastern 18 1.2 18 1.9 18 2.0
Western 12 0.8 10 1.1 9 1.0
Michigan
Eastern 40 2.6 31 3.3 31 3.4
Western 11 0.7 11 1.2 11 1.2
Ohio
Northern 43 2.8 41 4.4 41 4.5
Southern 17 1.1 6 0.6 6 0.7
Tennessee
Eastern 24 1.5 13 1.4 12 1.3
Middle 5 0.3 2 0.2 2 0.2
Western 7 0.5 5 0.5 5 0.6
SEVENTH CIRCUIT 78 5.0 54 5.8 51 5.6
Illinois
Central 21 1.3 18 1.9 16 1.8
Northern 3 0.2 2 0.2 2 0.2
Southern 12 0.8 6 0.6 6 0.7
Indiana
Northern 6 0.4 4 0.4 4 0.4
Southern 20 1.3 14 1.5 13 1.4
Wisconsin
Eastern 7 0.5 5 0.5 5 0.6
Western 9 0.6 5 0.5 5 0.6
EIGHTH CIRCUIT 232 14.8 146 15.7 145 15.9
Arkansas
Eastern 10 0.6 2 0.2 2 0.2
Western 16 1.0 8 0.9 8 0.9
Iowa
Northern 11 0.7 7 0.8 7 0.8
Southern 23 1.5 12 1.3 12 1.3
Minnesota 32 2.0 31 3.3 31 3.4
Missouri
Eastern 46 2.9 22 2.4 22 2.4
Western 40
2.6 31 3.3 30 3.3
Nebraska 29 1.9 16 1.7 16 1.8
North Dakota 20 1.3 14 1.5 14 1.5
South Dakota 5 0.3 3 0.3 3 0.3
Child Pornography
Offenders
Convicted of an
Offense Carrying a
Mandatory Minimum
Penalty
Subject to a
Mandatory Minimum
Penalty at Sentencing
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
74
CIRCUIT
District Number Percent Number Percent Number Percent
NINTH CIRCUIT 237 15.1 125 13.4 118 13.0
Alaska 10 0.6 5 0.5 3 0.3
Arizona 19 1.2 3 0.3 2 0.2
California
Central 26 1.7 10 1.1 9 1.0
Eastern 23 1.5 17 1.8 15 1.7
Northern 13 0.8 4 0.4 4 0.4
Southern 38 2.4 17 1.8 17 1.9
Guam 0 0.0 0 0.0 0 0.0
Hawaii 4 0.3 1 0.1 1 0.1
Idaho 5 0.3 3 0.3 2 0.2
Montana 10 0.6 4 0.4 4 0.4
Nevada 28 1.8 18 1.9 18 2.0
Northern Mariana Islands 1 0.1 0 0.0 0 0.0
Oregon 22 1.4 14 1.5 14 1.5
Washington
Eastern 15 1.0 12 1.3 12 1.3
Western 23 1.5 17 1.8 17 1.9
TENTH CIRCUIT 81 5.2 41 4.4 41 4.5
Colorado 4 0.3 2 0.2
2 0.2
Kansas 14 0.9 11 1.2 11 1.2
New Mexico 8 0.5 5 0.5 5 0.6
Oklahoma
Eastern 2 0.1 0 0.0 0 0.0
Northern 7 0.5 2 0.2 2 0.2
Western 8 0.5 3 0.3 3 0.3
Utah 27 1.7 16 1.7 16 1.8
Wyoming 11 0.7 2 0.2 2 0.2
ELEVENTH CIRCUIT 179 11.4 123 13.2 122 13.4
Alabama
Middle 4 0.3 4 0.4 4 0.4
Northern 14 0.9 11 1.2 11 1.2
Southern 3 0.2 2 0.2 2 0.2
Florida
Middle 70 4.5 57 6.1 56 6.2
Northern 9 0.6 9 1.0 9 1.0
Southern 46 2.9 31 3.3 31 3.4
Georgia
Middle 7 0.5 1 0.1 1 0.1
Northern 19 1.2 8 0.9 8 0.9
Southern 7 0.5 0 0.0 0 0.0
SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
1
Of the 67,742 cases sentenced in fiscal year 2016, the Commission received complete guideline information in 61,958 cases. The Commission
did not receive complete guideline information for another 287 cases in which the only statute of conviction was 18 U.S.C. § 924(c) and 111
cases in which an offender was sentenced under 18 U.S.C. § 1028A and the guidelines were not applied, but these cases are included in the
analysis. Of the remaining 63,357 cases, 105 were excluded due to missing statutory information.
Child Pornography
Offenders
Convicted of an
Offense Carrying a
Mandatory Minimum
Subject to a
Mandatory Minimum
Penalty at Sentencing
United States Sentencing Commission
Mandatory MiniMuM Penalties for federal sex offenses (2019)
