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 point | Level | Trial | Guilty plea | Plea + zero-point | Category IV, plea |
|---|---|---|---|---|---|
| Was top secret information gathered: Other national defense or classified information (not top secret) | 30 | 97–121 months | 70–87 months | 57–71 months | 100–125 months |
| Was top secret information gathered: Yes, top secret information | 35 | 168–210 months | 121–151 months | 97–121 months | 168–210 months |
Important details
- For a conviction under 18 U.S.C. §793(d) or (e), §2M3.3 may apply instead. Section 2M3.2 covers the willful passing on of spoken or other intangible information with reason to believe it could hurt the United States or help a foreign nation (§2M3.2, note 2; §2M3.3, note 2).
- 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 gathering national defense information?
The guideline for gathering national defense information is §2M3.2 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 30 to level 35. The table on this page lists each starting point.
What is the guideline range for gathering national defense information with no criminal history points and a guilty plea?
Using the first starting point in the table on this page (level 30) alone, a person with no criminal history points who pleads guilty scores 57–71 months (4 years, 9 months to 5 years, 11 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 gathering national defense information?
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 gathering national defense information?
It follows §2M3.2 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.
Related offenses
- Leaking Classified InformationLeaked, passed on or wrongly received classified informationVerified
- Losing National Defense InformationLost national defense information through gross carelessnessVerified
- Tampering with Atomic Energy DataTampered with secret atomic energy dataVerified
- Revealing a Covert AgentRevealed the identity of an undercover intelligence agentVerified
- Draft EvasionDid not register for the draft or dodged military serviceVerified
- Export Control and Sanctions ViolationsBroke export control or sanctions rulesVerified
- Illegal Arms ExportsExported weapons or military gear without the required licenseVerified
- Material Support to TerroristsGave money, goods or help to a designated terrorist group or terroristVerified