Copyright and Trademark Counterfeiting Sentence Calculator

Starting level and typical ranges

These ranges use the starting level alone, before any of the facts listed below, for someone with no criminal record unless the column says otherwise. Most real cases add levels.

Starting point	Level	Trial	Guilty plea	Plea + zero-point	Category IV, plea
Copyright or trademark infringement, the starting point	8	0–6 months	0–6 months	0–6 months	6–12 months

What changes the sentence

Each of these facts moves the offense level under §2B5.3. Adjustments that apply to every offense, such as role in the offense, obstruction, a guilty plea and criminal history, come after these.

Fact	Effect	Rule
Infringement amount: more than $2,500, rising in steps	+1 to +30	§2B5.3(b)(1)
Did it involve a work not yet released for sale: Yes	+2	§2B5.3(b)(2)
Did it involve making, importing or uploading infringing items, or a conviction for trafficking in circumvention devices: Yes	+2, at least level 12	§2B5.3(b)(3)
Was it done for commercial advantage or private financial gain: No, not for any commercial advantage or gain	−2, at least level 8	§2B5.3(b)(4)
Did it involve a drug carrying a counterfeit mark: Yes	+2	§2B5.3(b)(5)
Was there a conscious or reckless risk of death or serious injury, or was a dangerous weapon possessed in connection with the offense: Yes	+2, at least level 14	§2B5.3(b)(6)
Did it involve counterfeit military goods likely to cause serious harm: Yes	+2, at least level 14	§2B5.3(b)(7)

Important details

Breaking encryption or other technical protection to first get the item may add a special-skill increase (§2B5.3, note 4).
The calculator does not apply mandatory minimum sentences set by statute for this offense. If the statute of conviction requires one and it is higher than the range shown, the minimum controls; check the statute or ask a lawyer.

Frequently asked questions

What is the base offense level for copyright and trademark counterfeiting?

The guideline for copyright and trademark counterfeiting is §2B5.3 of the federal Sentencing Guidelines. Its starting level is 8, before any adjustments.

What is the guideline range for copyright and trademark counterfeiting with no criminal history points and a guilty plea?

Using the starting level alone, a person with no criminal history points who pleads guilty scores 0–6 months, including the 2-level zero-point reduction. The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range.

Is probation possible for copyright and trademark counterfeiting?

The guidelines allow it at the starting level: with a guilty plea and the zero-point reduction the range begins at 0 months (Zone A), so prison is not required, unless the offense is a Class A or B felony or the statute rules probation out (§5B1.1(b)). Added facts can raise the range out of Zone A.

Is the calculator accurate for copyright and trademark counterfeiting?

It follows §2B5.3 of the Guidelines Manual effective November 1, 2025. It passed 5 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.