Age (Policy Statement)

Age may be relevant in determining whether a departure is warranted. Age may be a reason to depart downward in a case in which the defendant is elderly and infirm and where a form of punishment such as home confinement might be equally efficient as and less costly than incarceration. A downward departure also may be warranted due to the defendant’s youthful- ness at the time of the offense or prior offenses. Certain risk factors may affect a youthful individual’s development into the mid-20’s and contribute to involve- ment in criminal justice systems, including environment, adverse childhood ex- periences, substance use, lack of educational opportunities, and familial rela- tionships. In addition, youthful individuals generally are more impulsive, risk- seeking, and susceptible to outside influence as their brains continue to develop into young adulthood. Youthful individuals also are more amenable to rehabil- itation. The age-crime curve, one of the most consistent findings in criminology, demon- strates that criminal behavior tends to decrease with age. Age-appropriate in- terventions and other protective factors may promote desistance from crime. Accordingly, in an appropriate case, the court may consider whether a form of punishment other than imprisonment might be sufficient to meet the purposes of sentencing. Physical condition, which may be related to age, is addressed at §5H1.4 (Phys- ical Condition, Including Drug or Alcohol Dependence or Abuse; Gambling Ad- diction). Historical Note Effective November 1, 1987. Amended effective November 1, 1991 (amendment 386); November 1, 1993 (amendment 475); October 27, 2003 (amendment 651); November 1, 2004 (amendment 674); November 1, 2010 (amendment 739); November 1, 2024 (amendment 829).