Specific Offender Characteristics as Grounds for Downward Departure in

Child Crimes and Sexual Offenses (Policy Statement) In sentencing a defendant convicted of an offense involving a minor victim un- der section 1201, an offense under section 1591, or an offense under chapter 71, 109A, 110, or 117, of title 18, United States Code: (1) Age may be a reason to depart downward only if and to the extent permit- ted by §5H1.1. (2) An extraordinary physical impairment may be a reason to depart down- ward only if and to the extent permitted by §5H1.4. (3) Drug, alcohol, or gambling dependence or abuse is not a reason to depart downward. Guidelines Manual (November 1, 2024) ║ 495 §5K2.23 Commentary Background: Section 401(b)(2) of Public Law 108–21 directly amended Chapter Five, Part K, to add this policy statement, effective April 30, 2003. Historical Note Effective April 30, 2003 (amendment 649). Amended effective November 1, 2004 (amendment 674).