§2A3.2 Criminal Sexual Abuse of a Minor Under the Age of Sixteen Years (Statutory Rape) or Attempt to Commit Such Acts: Federal Sentences, Fiscal Year 2022
In fiscal year 2022, 45 people were sentenced under guideline §2A3.2, and all 45 received a prison term with a median of 41 months (3.4 years). The median supervised release term was 120 months. Of the 45, 43 (96%) pleaded guilty and 2 were convicted after a trial.
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Trends › Federal Prosecution Analysis › §2A3.2 Criminal Sexual Abuse of a Minor Under the Age of Six › §2A3.2: FY2022
In brief: In fiscal year 2022, 45 people were sentenced under guideline §2A3.2, and all 45 received a prison term with a median of 41 months (3.4 years). The median supervised release term was 120 months. Of the 45, 43 (96%) pleaded guilty and 2 were convicted after a trial.
This post uses the U.S. Sentencing Commission's records of 45 people sentenced in federal court in fiscal year 2022. Acquittals and dismissals come from a second source, the Federal Judicial Center's records of 753,808 federal defendants whose cases ended in fiscal years 2016 to 2025. It is part of the Federal Prosecution Analysis series, which builds on Military Moves Toward Sentencing Guidelines to Mirror the Federal System. How the numbers were built: How the Federal Comparison Data Was Built.
Prison and Supervised Release Terms
The U.S. Sentencing Commission counted 45 people in fiscal year 2022 whose primary guideline was §2A3.2. All 45 (100%) were sent to prison, and none received probation only.
The median prison term was 41 months. A quarter received 63 months or more, and a quarter received 24 months or less.
After prison, all 45 (100%) were ordered to serve supervised release, with a median term of 120 months. Supervised release for life went to 6 people (13%).
What the Guideline Is
Section §2A3.2 is titled "Criminal Sexual Abuse of a Minor Under the Age of Sixteen Years (Statutory Rape) or Attempt to Commit Such Acts." The primary guideline is the one that set the offense level for the most serious count in a case.
Fiscal year 2022 ran from October 1, 2021 to September 30, 2022. All 45 cases fall in the Commission's Sexual Abuse offense type, and only people who were convicted and sentenced are counted.
Trials and Guilty Pleas
A total of 43 of 45 people (96%) pleaded guilty. The other 2 were convicted after a trial.
The median prison term after a guilty plea was 38 months, and after a trial it was 78 months. The trial median rests on 2 people, so it is not enough to describe trial cases in general.
Written plea agreements covered 93% of the guilty pleas, and 7% were straight pleas. A mandatory minimum prison term applied to 1 of the 45 people (2%).
Range Results Compared With All Federal Cases
Sentences were within the guideline range for 30 people (67%). For all federal cases in fiscal year 2022, the within-range share was 42%.
The remaining sentences were below the range at the government's request (6 people, 13%), below the range without that request (5 people, 11%), and above the range (4 people, 9%).
The §2A3.2 within-range share was 59% in fiscal year 2021 and 49% in fiscal year 2023.
Federal Totals for 2022
Across every guideline in fiscal year 2022, 64,142 people were sentenced. The median prison term was 30 months, which was lower than the 41 months under §2A3.2, and 97% pleaded guilty.
Money Orders and Criminal History
No fine was ordered (0 people, 0%), and restitution was ordered for 5 people (11%).
Criminal history category I, the lowest, applied to 67% of the group, and category VI, the highest, applied to 2%. Court-martial records have no criminal history field.
Position in the Series
In fiscal year 2021, 39 people were sentenced under this guideline with a median of 36 months. In fiscal year 2023, 43 were sentenced with a median of 35 months.
For fiscal years 2016 to 2025 together, 365 people were sentenced under §2A3.2. Of these, 98% went to prison, the median prison term was 36 months, and 97% pleaded guilty. The 2022 median was higher than that combined figure. The table gives each fiscal year.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 33 | 31.5 months | 100% |
| 2017 | 28 | 24 months | 96% |
| 2018 | 39 | 30 months | 100% |
| 2019 | 40 | 36.5 months | 98% |
| 2020 | 28 | 37 months | 100% |
| 2021 | 39 | 36 months | 100% |
| 2022 | 45 | 41 months | 96% |
| 2023 | 43 | 35 months | 95% |
| 2024 | 40 | 30 months | 93% |
| 2025 | 30 | 46 months | 93% |
Article 120b and Limits of the Data
The approved crosswalk pairs this guideline with Article 120b of the UCMJ. The records do not give the facts of a case or explain a sentence, and one year does not show a trend.
How We Counted
Everyone sentenced in federal court in fiscal year 2022 whose primary sentencing guideline was §2A3.2 (45), U.S. Sentencing Commission individual data files. The primary guideline is the one that set the offense level for the most serious count.
Federal fiscal years run from October 1 to September 30. No person, judge, or lawyer is identified in any of these records.
What to Keep in Mind
No parole in federal prison; credit for good conduct. Federal prison has no parole for crimes committed on or after November 1, 1987. A federal prisoner can earn up to 54 days of good conduct credit for each year of the sentence the judge imposed, which is about 15%. Some federal prisoners can also earn First Step Act time credits, but many offenses make a person ineligible. The numbers in this post are the sentences judges imposed, not the time people actually served.
Federal supervised release. Most federal prison sentences are followed by a term of supervised release that the judge sets as part of the sentence. A person who violates it can be sent back to prison. A court-martial cannot sentence anyone to supervision after release. Military parole and mandatory supervised release are decided later by a board, not by the judge at trial.
Who decides the sentence, and under what rules. Federal judges sentence every federal case. They must calculate the Sentencing Guidelines range, which is advisory, and must impose any mandatory minimum the statute requires unless an exception applies. In courts-martial, the accused could choose sentencing by members until the rules changed. For cases in which every guilty finding is for an offense committed after December 27, 2023, a military judge sentences alone, within sentencing parameters. Courts-martial tried in 2024 and later include both old-rule and new-rule cases, and the data cannot tell them apart.
Time periods. Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually.
How life sentences and "time served" are counted. In the federal numbers, a life sentence is counted as 470 months, and any other sentence longer than 470 months is counted as just under 470 months. A sentence of "time served" is counted as one day (0.03 months). Averages are affected by these rules; medians much less.
Mandatory minimum sentences. Many federal statutes on drugs, images of child exploitation, child sex abuse, and firearms carry mandatory minimum prison terms. The UCMJ has mandatory minimums only for a few offenses (a dishonorable discharge or dismissal for rape and sexual assault, and life for premeditated murder). Federal sentences for these offenses are partly set by Congress, not by the judge.
Related Analysis
- Military Moves Toward Sentencing Guidelines to Mirror the Federal System (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- §2A3.2 Criminal Sexual Abuse of a Minor Under the Age of Sixteen Years (Statutory Rape) or Attempt to Commit Such Acts: Federal Sentences, FY2016–2025 (overview)
- §2A3.2 Criminal Sexual Abuse of a Minor Under the Age of Sixteen Years (Statutory Rape) or Attempt to Commit Such Acts: Federal Sentences, Fiscal Year 2021 (previous or next fiscal year)
- §2A3.2 Criminal Sexual Abuse of a Minor Under the Age of Sixteen Years (Statutory Rape) or Attempt to Commit Such Acts: Federal Sentences, Fiscal Year 2023 (previous or next fiscal year)
- How Often Federal Judges Sentence Outside the Guideline Range
- Mandatory Minimums: How Many Federal Sentences Are Set by Congress
- Fewer or More? Child Sexual Abuse Charges at Army Courts-Martial, 2021–2025 (court-martial data)
- How Much Confinement for an Article 120b Conviction in the Army? (court-martial data)
- How Often Are Contested Army Article 120b Cases Acquitted? (court-martial data)
- Pleading Guilty to Article 120b in the Army: What Sentences Followed? (court-martial data)
- How Has Article 120b Changed in Air Force Courts-Martial Since 2016? (court-martial data)
- How Much Confinement for an Article 120b Conviction in the Air Force? (court-martial data)
- Guilty Pleas in Air Force Child Sexual Abuse Cases: How Often, and What Came Next (court-martial data)
- Fewer or More? Child Sexual Abuse Charges at Navy-Marine Corps Courts-Martial, 2017–2025 (court-martial data)
- What Sentence Follows a Navy-Marine Corps Child Sexual Abuse Conviction? (court-martial data)
- Fighting a Navy-Marine Corps Child Sexual Abuse Charge: How Contested Cases Ended (court-martial data)
- Guilty Pleas in Navy-Marine Corps Child Sexual Abuse Cases: How Often, and What Came Next (court-martial data)
- Article 120b (Rape and Sexual Assault of a Child): Court-Martial Data and Trends (court-martial data)
- Article 120b UCMJ: Rape and Sexual Assault of a Child (law firm reference page)
- U.S. Sentencing Commission, Individual Offender Datafiles (source)
- Federal Judicial Center, Integrated Database (criminal defendants) (source)
About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.