Burglary of a Residence or a Structure Other than a Residence

(a) Base Offense Level: (1) 17, if a residence; or (2) 12, if a structure other than a residence. Guidelines Manual (November 1, 2024) ║ 115 §2B2.1 (b) Specific Offense Characteristics (1) If the offense involved more than minimal planning, increase by 2 lev- els. (2) If the loss exceeded $5,000, increase the offense level as follows: LOSS (APPLY THE GREATEST) (A) $5,000 or less (B) More than $5,000 (C) More than $20,000 (D) More than $95,000 (E) More than $500,000 (F) More than $1,500,000 (G) More than $3,000,000 (H) More than $5,000,000 (I) More than $9,500,000 INCREASE IN LEVEL no increase add 1 add 2 add 3 add 4 add 5 add 6 add 7 add 8. (3) If a firearm, destructive device, or controlled substance was taken, or if the taking of such item was an object of the offense, increase by 1 level. (4) If a dangerous weapon (including a firearm) was possessed, increase by 2 levels. Commentary Statutory Provisions: 18 U.S.C. §§ 2113(a), 2115, 2117, 2118(b). For additional statutory provi- sion(s), see Appendix A (Statutory Index). Application Notes: 1. “Firearm,” “destructive device,” and “dangerous weapon” are defined in the Commentary to §1B1.1 (Application Instructions). 2. “Loss” means the value of the property taken, damaged, or destroyed. 3. Subsection (b)(4) does not apply to possession of a dangerous weapon (including a firearm) that was stolen during the course of the offense. 4. More than Minimal Planning.—“More than minimal planning” means more planning than is typical for commission of the offense in a simple form. “More than minimal planning” also exists if significant affirmative steps were taken to conceal the offense, other than conduct to which §3C1.1 (Obstructing or Impeding the Administration of Justice) applies. “More than min- imal planning” shall be considered to be present in any case involving repeated acts over a period of time, unless it is clear that each instance was purely opportune. For example, checking the area to make sure no witnesses were present would not alone constitute more than minimal planning. By contrast, obtaining building plans to plot a particular course of entry, or disabling an alarm system, would constitute more than minimal planning. 116 ║ Guidelines Manual (November 1, 2024) §2B2.3 Background: The base offense level for residential burglary is higher than for other forms of burglary because of the increased risk of physical and psychological injury. Weapon possession, but not use, is a specific offense characteristic because use of a weapon (including to threaten) ordinarily would make the offense robbery. Weapon use would be a ground for upward departure. Historical Note Effective November 1, 1987. Amended effective January 15, 1988 (amendment 11); June 15, 1988 (amend- ment 12); November 1, 1989 (amendments 105 and 106); November 1, 1990 (amendments 315 and 361); November 1, 1993 (amendment 481); November 1, 2001 (amendment 617); November 1, 2014 (amend- ment 781); November 1, 2015 (amendment 791). §2B2.2. [Deleted] Historical Note Section 2B2.2 (Burglary of Other Structures), effective November 1, 1987, amended effective June 15, 1988 (amendment 13), November 1, 1989 (amendment 107), and November 1, 1990 (amendments 315 and 361), was deleted by consolidation with §2B2.1 effective November 1, 1993 (amendment 481).