Deleted departure provisions of §2G1.1. Promoting a Commercial Sex Act or Prohibited Sexual Conduct with an Individual Other than a Minor

Former §2G1.1, comment. (n.2) (Upward departure based on bodily injury): Subsection (b)(1)[16] provides an enhancement for fraud or coercion that occurs as part of the offense and anticipates no bodily injury. If bodily injury results, an upward departure may be warranted. See Chapter Five, Part K (Departures). For purposes of subsection (b)(1), “coercion” includes any form of conduct that negates the voluntariness of the victim. This enhancement would apply, for example, in a case in which the ability of the victim to appraise or control conduct was substantially impaired by drugs or alcohol. This characteristic generally will not apply if the drug or alcohol was voluntarily taken. Former §2G1.1, comment. (n.6) (Upward departure based on offense involving more than 10 victims): If the offense involved more than ten victims, an upward departure may be warranted. USSG §2G1.1(b)(1) (Nov. 2024) provided: “If (A) subsection (a)(2) applies; and (B)(i) the offense involved fraud or coercion; or (ii) the offense of conviction is 18 U.S.C. § 2421A(b)(2), increase by 4 levels.”