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 |
|---|---|---|---|---|---|
| Tampered or tried to tamper with a public water system | 26 | 63–78 months | 46–57 months | 37–46 months | 70–87 months |
| Threatened to tamper, with some conduct showing intent to carry out the threat | 22 | 41–51 months | 30–37 months | 24–30 months | 46–57 months |
| Threatened to tamper, with no conduct showing intent to carry out the threat | 16 | 21–27 months | 12–18 months | 8–14 months | 24–30 months |
What changes the sentence
Each of these facts moves the offense level under §2Q1.4. 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 any victim hurt: Serious bodily injury | +2 | §2Q1.4(b)(1) |
| Was any victim hurt: Between serious and permanent or life-threatening injury | +3 | §2Q1.4(b)(1) |
| Was any victim hurt: Permanent or life-threatening injury | +4 | §2Q1.4(b)(1) |
| Did the offense cause major disruption or a costly response: Yes | +4 | §2Q1.4(b)(2) |
| Was a contaminant released into the water system over and over or continuously, or did the offense last a substantial time: Yes | +2 | §2Q1.4(b)(3) |
Important details
- If someone died, the murder guidelines apply instead if they give a higher level: first-degree murder if the death was caused intentionally or knowingly, otherwise second-degree murder (§2Q1.4(c)(1)).
- If the offense amounted to attempted murder, the attempted murder guideline applies if it gives a higher level (§2Q1.4(c)(2)).
- If the offense involved extortion, the extortion guideline (§2B3.2) applies if it gives a higher level (§2Q1.4(c)(3)).
- If a single count involved the death or the permanent, life-threatening or serious bodily injury of more than one victim, or the attempted murder of more than one victim, the multiple-count rules apply as if there were a separate count for each victim. This holds even when a cross reference above sets the level (§2Q1.4(d)(1) and 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.
- Calculator limits: Special instruction treating each victim as a separate count (§2Q1.4(d)(1)).
Frequently asked questions
What is the base offense level for public water system tampering?
The guideline for public water system tampering is §2Q1.4 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 16 to level 26. The table on this page lists each starting point.
What is the guideline range for public water system tampering with no criminal history points and a guilty plea?
Using the first starting point in the table on this page (level 26) alone, a person with no criminal history points who pleads guilty scores 37–46 months (3 years, 1 month to 3 years, 10 months), including the 2-level zero-point reduction. The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range.
Is probation possible for public water system tampering?
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 public water system tampering?
It follows §2Q1.4 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.
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