Willful Violations of the Migrant and Seasonal Agricultural Worker Protection

Act (a) Base Offense Level: 6 (b) Specific Offense Characteristics (1) If the offense involved (A) serious bodily injury, increase by 4 levels; or (B) bodily injury, increase by 2 levels. (2) If the defendant committed any part of the instant offense subsequent to sustaining a civil or administrative adjudication for similar miscon- duct, increase by 2 levels. Commentary Statutory Provision: 29 U.S.C. § 1851. 238 ║ Guidelines Manual (November 1, 2024) §2H4.2 Application Notes: 1. Definitions.—For purposes of subsection (b)(1), “bodily injury” and “serious bodily injury” have the meaning given those terms in Application Note 1 of the Commentary to §1B1.1 (Appli- cation Instructions). 2. Application of Subsection (b)(2).—Section 1851 of title 29, United States Code, covers a wide range of conduct. Accordingly, the enhancement in subsection (b)(2) applies only if the instant offense is similar to previous misconduct that resulted in a civil or administrative adjudication under the provisions of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. § 1801 et seq.). Historical Note Effective May 1, 2001 (amendment 612). Amended effective November 1, 2001 (amendment 627); Novem- ber 1, 2010 (amendment 746); November 1, 2015 (amendment 796). PART I ― [NOT USED] Guidelines Manual (November 1, 2024) ║ 239 §2J1.2 PART J ― OFFENSES INVOLVING THE ADMINISTRATION OF JUSTICE