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 |
|---|---|---|---|---|---|
| Had, or used to have, authorized access to classified information that identified the covert agent | 30 | 97–121 months | 70–87 months | 57–71 months | 100–125 months |
| Had, or used to have, authorized access only to other classified information | 25 | 57–71 months | 41–51 months | 33–41 months | 63–78 months |
Important details
- This guideline applies only to people who have or had authorized access to classified information. Others, including journalists, are sentenced under §2X5.1 instead (§2M3.9, note 2).
- Any prison term for this offense must run consecutively to any other prison term (50 U.S.C. §3121(d); §2M3.9, 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 revealing a covert agent?
The guideline for revealing a covert agent is §2M3.9 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 25 to level 30. The table on this page lists each starting point.
What is the guideline range for revealing a covert agent 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 revealing a covert agent?
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 revealing a covert agent?
It follows §2M3.9 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
- 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
- Nuclear, Biological and Chemical WeaponsHad, used or threatened nuclear, biological or chemical weaponsVerified
- Atomic Energy Regulatory ViolationsBroke nuclear energy rules, license conditions or ordersVerified
- TreasonBetrayed the United States by waging war on it or helping its enemiesVerified
- Sabotage of War MaterialSabotaged war supplies, bases or utilities, or made them defectiveVerified