Assault with Intent to Commit Murder; Attempted Murder

(a) Base Offense Level: (1) 33, if the object of the offense would have constituted first degree mur- der; or 56 ║ Guidelines Manual (November 1, 2024) §2A2.2 (2) 27, otherwise. (b) Specific Offense Characteristics (1) If (A) the victim sustained permanent or life-threatening bodily in- jury, increase by 4 levels; (B) the victim sustained serious bodily in- jury, increase by 2 levels; or (C) the degree of injury is between that specified in subdivisions (A) and (B), increase by 3 levels. (2) If the offense involved the offer or the receipt of anything of pecuniary value for undertaking the murder, increase by 4 levels. Commentary Statutory Provisions: 18 U.S.C. §§ 113(a)(1), 351(c), 1113, 1116(a), 1751(c), 1841(a)(2)(C), 1992(a)(7), 2199, 2291. For additional statutory provision(s), see Appendix A (Statutory Index). Application Notes: 1. Definitions.—For purposes of this guideline: “First degree murder” means conduct that, if committed within the special maritime and ter- ritorial jurisdiction of the United States, would constitute first degree murder under 18 U.S.C. § 1111. “Permanent or life-threatening bodily injury” and “serious bodily injury” have the mean- ing given those terms in Application Note 1 of the Commentary to §1B1.1 (Application Instruc- tions). 2. Upward Departure Provision.—If the offense created a substantial risk of death or serious bodily injury to more than one person, an upward departure may be warranted. Background: This section applies to the offenses of assault with intent to commit murder and at- tempted murder. An attempted manslaughter, or assault with intent to commit manslaughter, is cov- ered under §2A2.2 (Aggravated Assault). Historical Note Effective November 1, 1987. Amended effective November 1, 1989 (amendments 83 and 84); November 1, 1990 (amendment 311); November 1, 1991 (amendment 391); November 1, 1995 (amendment 534); Novem- ber 1, 2002 (amendment 637); November 1, 2004 (amendment 663); November 1, 2006 (amendment 685); November 1, 2007 (amendment 699).