Deleted departure provisions of §2H3.1. Interception of Communications; Eavesdropping; Disclosure of Certain Private or Protected Information

Former §2H3.1, comment. (n.5) (Upward departure based on offense level substantially understating seriousness of the offense (with examples)): There may be cases in which the offense level determined under this guideline substantially understates the seriousness of the offense. In such a case, an upward departure may be warranted. The following are examples of cases in which an upward departure may be warranted: (A) The offense involved personal information, means of identification, confidential phone records information, or tax return information of a substantial number of individuals. (B) The offense caused or risked substantial non-monetary harm (e.g., physical harm, psychological harm, or severe emotional trauma, or resulted in a substantial invasion of privacy interest) to individuals whose private or protected information was obtained. USSG §2G2.2(b)(5) (Nov. 2024) provided: “If the defendant engaged in a pattern of activity involving the sexual abuse or exploitation of a minor, increase by 5 levels.” 4. PEONAGE, INVOLUNTARY SERVITUDE, SLAVE TRADE, AND CHILD SOLDIERS