SentenceCalc

Espionage Sentence Calculator

This page covers cases where a person gathered or passed defense secrets to help a foreign government. Federal sentences for espionage are calculated under §2M3.1 of the Sentencing Guidelines, which sets a starting offense level from 37 to 42 depending on the kind of offense, then adds levels for the facts of the case. At the first starting point in the table below (level 37) alone, someone with no criminal history points who pleads guilty scores 121–151 months under the guidelines.

Verified Checked against the manual text in at least five AI-assisted review rounds. Not yet reviewed by an attorney. Guidelines Manual effective November 1, 2025Updated October 4, 2026

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Starting level and typical ranges

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

Starting pointLevelTrialGuilty pleaPlea + zero-pointCategory IV, plea
Was top secret information gathered or passed on: Other national defense or classified information (not top secret)37210–262 months151–188 months121–151 months210–262 months
Was top secret information gathered or passed on: Yes, top secret information42360 months to life262–327 months210–262 months360 months to life

Important details

  • 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 espionage?

The guideline for espionage is §2M3.1 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 37 to level 42. The table on this page lists each starting point.

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

Using the first starting point in the table on this page (level 37) alone, a person with no criminal history points who pleads guilty scores 121–151 months (10 years, 1 month to 12 years, 7 months), including the 2-level zero-point reduction. Adjustments such as role in the offense or obstruction can change the level, and the judge can sentence outside the range.

Is probation possible for espionage?

Not under the guidelines. Even at the first starting point in the table with a guilty plea and the zero-point reduction the range is in Zone D, where the minimum must be served in prison, though a judge may vary below it.

Is the calculator accurate for espionage?

It follows §2M3.1 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.