Lesser Harms (Policy Statement)

Sometimes, a defendant may commit a crime in order to avoid a perceived greater harm. In such instances, a reduced sentence may be appropriate, pro- vided that the circumstances significantly diminish society’s interest in punish- ing the conduct, for example, in the case of a mercy killing. Where the interest in punishment or deterrence is not reduced, a reduction in sentence is not war- ranted. For example, providing defense secrets to a hostile power should receive no lesser punishment simply because the defendant believed that the govern- ment’s policies were misdirected. In other instances, conduct may not cause or threaten the harm or evil sought to be prevented by the law proscribing the offense at issue. For example, where a war veteran possessed a machine gun or grenade as a trophy, or a school teacher possessed controlled substances for display in a drug education pro- gram, a reduced sentence might be warranted. Historical Note Effective November 1, 1987. 490 ║ Guidelines Manual (November 1, 2024) §5K2.13