Hazardous or Injurious Devices on Federal Lands

(a) Base Offense Level (Apply the greatest): (1) If the intent was to violate the Controlled Substances Act, apply §2D1.9 (Placing or Maintaining Dangerous Devices on Federal Prop- erty to Protect the Unlawful Production of Controlled Substances; At- tempt or Conspiracy); Guidelines Manual (November 1, 2024) ║ 315 §2Q2.1 (2) If the intent was to obstruct the harvesting of timber, and property destruction resulted, apply §2B1.1 (Theft, Property Destruction, and Fraud); (3) If the offense involved reckless disregard to the risk that another per- son would be placed in danger of death or serious bodily injury under circumstances manifesting extreme indifference to such risk, the of- fense level from §2A2.2 (Aggravated Assault); or (4) 6, otherwise. Commentary Statutory Provision: 18 U.S.C. § 1864. Background: The statute covered by this guideline proscribes a wide variety of conduct, ranging from placing nails in trees to interfere with harvesting equipment to placing anti-personnel devices capable of causing death or serious bodily injury to protect the unlawful production of a controlled substance. Subsections (a)(1)–(a)(3) cover the more serious forms of this offense. Subsection (a)(4) provides a min- imum offense level of 6 where the intent was to obstruct the harvesting of timber and little or no property damage resulted. Historical Note Effective November 1, 1989 (amendment 208). Amended effective November 1, 1990 (amendment 313); No- vember 1, 2001 (amendment 617); November 1, 2002 (amendment 646); November 1, 2010 (amend- ment 746). * * * * * 2. CONSERVATION AND WILDLIFE