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 |
|---|---|---|---|---|---|
| What is the conviction: Any other covered charge | 24 | 51–63 months | 37–46 months | n/a | 57–71 months |
| What is the conviction: Convicted under 18 U.S.C. §2422(b) or §2423(a) | 28 | 78–97 months | 57–71 months | n/a | 84–105 months |
| What is the conviction: Convicted under 18 U.S.C. §1591(b)(2) | 30 | 97–121 months | 70–87 months | n/a | 100–125 months |
| What is the conviction: Convicted under 18 U.S.C. §1591(b)(1) | 34 | 151–188 months | 108–135 months | n/a | 151–188 months |
The 2-level zero-point reduction is not available for this kind of offense (§4C1.1).
What changes the sentence
Each of these facts moves the offense level under §2G1.3. 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 |
|---|---|---|
| Was the person a parent, relative or legal guardian of the minor, or was the minor in the person's custody, care or supervisory control: Yes | +2 | §2G1.3(b)(1) |
| Was a participant's identity knowingly misrepresented to get the minor to engage in prohibited sexual conduct, or did a participant unduly influence the minor: Yes, a participant's identity was knowingly misrepresented | +2 | §2G1.3(b)(2) |
| Was a participant's identity knowingly misrepresented to get the minor to engage in prohibited sexual conduct, or did a participant unduly influence the minor: Yes, a participant otherwise unduly influenced the minor | +2 | §2G1.3(b)(2) |
| Was a computer or an online service used to reach the minor, or to solicit another person to engage in prohibited sexual conduct with the minor: Yes, to persuade, induce, entice, coerce or facilitate the travel of the minor | +2 | §2G1.3(b)(3) |
| Was a computer or an online service used to reach the minor, or to solicit another person to engage in prohibited sexual conduct with the minor: Yes, to entice, encourage, offer or solicit another person to engage in prohibited sexual conduct with the minor | +2 | §2G1.3(b)(3) |
| Did the offense involve a sex act, sexual contact or a commercial sex act, or is the conviction under 18 U.S.C. §2421A(b)(2): Yes, a sex act, sexual contact or a commercial sex act | +2 | §2G1.3(b)(4) |
| Did the offense involve a sex act, sexual contact or a commercial sex act, or is the conviction under 18 U.S.C. §2421A(b)(2): Yes, the conviction is under 18 U.S.C. §2421A(b)(2) | +4 | §2G1.3(b)(4) |
| Did the offense involve a sex act, sexual contact or a commercial sex act: Yes | +2 | §2G1.3(b)(4)(A) |
| Did the offense involve the commission of a sex act or sexual contact: Yes | +2 | §2G1.3(b)(4)(A)(i) |
| Did the offense involve a minor under 12 years old: Yes | +8 | §2G1.3(b)(5) |
Important details
- Several statutes under this guideline carry mandatory minimums: 10 years for enticing a minor (18 U.S.C. §2422(b)) or transporting a minor for sexual activity (§2423(a)), and 10 or 15 years for sex trafficking of a minor (§1591(b)). The calculator applies this minimum to the result (where it asks which conviction, only when the matching one is selected), but not longer terms that depend on prior convictions or on a death. When a minimum is higher than the guideline range, the statute controls, unless the government files a motion for substantial assistance (18 U.S.C. §3553(e)).
- If the offense involved getting a minor to engage in sexually explicit conduct (by using, persuading, enticing, coercing, transporting or permitting the minor, or by advertising for one) to produce a picture or video, the production guideline (§2G2.1) applies if it gives a higher level. The manual says to read this broadly (§2G1.3(c)(1)).
- If a minor was killed in circumstances that amount to murder, the first-degree murder guideline (§2A1.1) applies if it gives a higher level (§2G1.3(c)(2)).
- If the offense involved engaging in, or causing another person to engage in, a sexual act brought about by force, threats or fear, making the minor unconscious or giving the minor a drug or intoxicant by force or without the minor's knowledge or permission so that the minor's ability to understand or control conduct was substantially impaired, or a sexual act with a minor who could not understand the nature of the act or was physically unable to decline or to communicate unwillingness, the criminal sexual abuse guideline (§2A3.1) applies if it gives a higher level. If the offense involved interstate travel with intent to engage in a sexual act with a minor under 12, or knowingly engaging in a sexual act with a minor under 12, §2A3.1 applies regardless of any claimed consent (§2G1.3(c)(3)).
- If there was more than one minor, each minor is treated as a separate count of conviction, which can raise the final level (§2G1.3(d)(1)).
- A “minor” is a person under 18. It also includes a real or fictitious person whom a law enforcement officer represented as under 18 and available for sexually explicit conduct, and an undercover officer who claimed to be under 18.
Frequently asked questions
What is the base offense level for sex trafficking or enticement of a minor?
The guideline for sex trafficking or enticement of a minor is §2G1.3 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 24 to level 34. The table on this page lists each starting point.
What is the guideline range for sex trafficking or enticement of a minor with no criminal history points and a guilty plea?
Using the first starting point in the table on this page (level 24) alone, a person with no criminal history points who pleads guilty scores 37–46 months (3 years, 1 month to 3 years, 10 months). Several statutes under this guideline carry 10- or 15-year mandatory minimums, which control when they are higher than the range. The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range, but not below a mandatory minimum that applies.
Is probation possible for sex trafficking or enticement of a minor?
Not under the guidelines. Even at the first starting point in the table with a guilty plea the range is in Zone D, where the minimum must be served in prison. A judge may vary below the range, but not below a mandatory minimum that applies.
Is the calculator accurate for sex trafficking or enticement of a minor?
It follows §2G1.3 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.
Related offenses
- Production of Child Sexual Abuse MaterialUsed a minor to produce sexually explicit materialVerified
- Possession, Receipt or Distribution of Child Sexual Abuse MaterialHad, received or distributed material sexually exploiting a minorVerified
- Selling or Buying Children for ExploitationSold or bought a child for use in producing sexually explicit materialVerified
- Sexually Explicit Material RecordkeepingBroke record or labeling rules for sexually explicit materialVerified
- Child Exploitation EnterpriseTook part in a child exploitation enterpriseVerified
- Obscenity OffensesMailed, imported, transported or sold obscene materialVerified
- Obscene Phone Services and BroadcastsRan a commercial obscene phone service or broadcast obscene materialVerified
- Criminal Sexual AbuseCommitted or attempted criminal sexual abuseVerified