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 |
|---|---|---|---|---|---|
| Extortion by force or threat, the starting point | 18 | 27–33 months | 18–24 months | n/a | 30–37 months |
The 2-level zero-point reduction is generally not available for this kind of offense, because it usually involves violence, a credible threat or a weapon (§4C1.1(a)(3), (a)(7)).
What changes the sentence
Each of these facts moves the offense level under §2B3.2. 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 |
|---|---|---|
| Was there a stated or implied threat of death, bodily injury or kidnapping: Yes | +2 | §2B3.2(b)(1) |
| Amount demanded or lost: more than $20,000, rising in steps | +1 to +7 | §2B3.2(b)(2) |
| Was there a weapon, or preparation to carry out the threat: Preparation to carry out, or shown ability to carry out, a threat of death, serious bodily injury, kidnapping, product tampering, or damage to a computer system that runs critical infrastructure or serves government justice, defense or national security work | +3 | §2B3.2(b)(3) |
| Was there a weapon, or preparation to carry out the threat: A dangerous weapon was brandished or possessed | +3 | §2B3.2(b)(3) |
| Was there a weapon, or preparation to carry out the threat: A dangerous weapon was otherwise used | +4 | §2B3.2(b)(3) |
| Was there a weapon, or preparation to carry out the threat: A gun was brandished or possessed | +5 | §2B3.2(b)(3) |
| Was there a weapon, or preparation to carry out the threat: A gun was used to make a specific threat against a particular person, or to make physical contact with a victim | +6 | §2B3.2(b)(3) |
| Was there a weapon, or preparation to carry out the threat: A gun was fired | +7 | §2B3.2(b)(3) |
| Was any victim hurt: Bodily injury | +2 | §2B3.2(b)(4) |
| Was any victim hurt: Between bodily injury and serious bodily injury | +3 | §2B3.2(b)(4) |
| Was any victim hurt: Serious bodily injury | +4 | §2B3.2(b)(4) |
| Was any victim hurt: Between serious and permanent or life-threatening injury | +5 | §2B3.2(b)(4) |
| Was any victim hurt: Permanent or life-threatening injury | +6 | §2B3.2(b)(4) |
| Was anyone abducted or physically restrained: Someone's movement was restricted by physical contact or confinement, such as being tied, bound or locked up | +2 | §2B3.2(b)(5) |
| Was anyone abducted or physically restrained: Someone was abducted | +4 | §2B3.2(b)(5) |
Important details
- If a victim was killed in circumstances that amount to murder, the first-degree murder guideline applies instead (§2B3.2(c)(1)).
- If the offense amounted to attempted murder, the attempted murder guideline applies instead if it gives a higher level (§2B3.2(c)(2)).
- This guideline covers any threat that could reasonably be read as a threat to injure a person or physically damage property, or a comparably serious threat such as to drive a business under. An unclear threat such as “pay up or else,” or a threat to cause labor problems, is normally treated here (§2B3.2, note 2).
- Extortion under color of official right (usually a public official soliciting a bribe) falls under the bribery guideline, §2C1.1, unless force or a threat covered by this guideline was used (§2B3.2, note 3).
- 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 extortion by force or threat?
The guideline for extortion by force or threat is §2B3.2 of the federal Sentencing Guidelines. Its starting level is 18, before any adjustments.
What is the guideline range for extortion by force or threat 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 18–24 months (1 year, 6 months to 2 years). The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range.
Is probation possible for extortion by force or threat?
Not under the guidelines. Even at the starting level with a guilty plea 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 extortion by force or threat?
It follows §2B3.2 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.