§2A3.3 Criminal Sexual Abuse of a Ward or Attempt to Commit Such Acts: Federal Sentences, FY2016–2025
From fiscal year 2016 through fiscal year 2025, 61 people were sentenced in federal court under §2A3.3, and 50 of them (82%) received a prison term. The median prison term for those 50 was 15 months. Nearly all of these cases ended in a guilty plea: 56 of 61 (92%).
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In brief: From fiscal year 2016 through fiscal year 2025, 61 people were sentenced in federal court under §2A3.3, and 50 of them (82%) received a prison term. The median prison term for those 50 was 15 months. Nearly all of these cases ended in a guilty plea: 56 of 61 (92%).
This post uses the U.S. Sentencing Commission's records of 61 people sentenced in federal court in fiscal years 2016 to 2025. 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.
What Does Guideline §2A3.3 Cover?
The Guidelines Manual titles §2A3.3 "Criminal Sexual Abuse of a Ward or Attempt to Commit Such Acts; Criminal Sexual Abuse of an Individual in Federal Custody." The title names sexual abuse of a ward and sexual abuse of an individual in federal custody as the covered cases. Attempts are included.
The U.S. Sentencing Commission classifies all 61 cases in this period as the offense type Sexual Abuse. A case is counted here only when §2A3.3 was the primary guideline, meaning the one that set the offense level for the most serious count.
How Many Went to Prison, and for How Long?
Of the 61 people, 50 (82%) received a prison term and 9 (15%) received probation only, with no prison or other confinement. The median prison term among those sent to prison was 15 months.
A quarter of those sent to prison received 33 months or more. A quarter received 8.5 months or less. The spread between the 33-month and 8.5-month figures shows that terms varied widely even within a small group.
These are the terms imposed by the court. They are not time served.
Guilty Pleas and Trials
Of the 61 people, 56 (92%) pleaded guilty and 5 were convicted after a trial. Among the guilty pleas, 86% had a written plea agreement and 13% were straight pleas with no agreement.
The median prison term after a guilty plea was 13 months. After a trial it was 63 months. The trial figure rests on only 5 people, so it describes a very small group and should be read with care.
Where Did Sentences Fall Against the Guideline Range?
The Commission records whether each sentence fell inside the advisory guideline range. For all 61 people, 43% (26) were sentenced within the range. Another 7% (4) were below the range at the government's request, and 28% (17) were below it without a government request. A sentence above the range was imposed on 23% (14).
A mandatory minimum prison term applied to 1 person (2%). For nearly everyone in this group, no mandatory minimum set the floor.
Supervised Release, Fines, and Restitution
Supervised release after prison was ordered for 50 people (82%). The median term was 60 months, and 4 people (7%) received supervised release for life.
A fine was ordered for 11 people (18%), and restitution for 8 (13%). On criminal history, 98% were in the lowest criminal history category I and 0% were in the highest, category VI. Court-martial records have no criminal history field.
Changes Across the Years
The group is small each year, from 2 people to 12 people, so single-year figures move easily. Fiscal years 2016 to 2019 had 30 people with a median prison term of 15 months. Fiscal years 2020 to 2025 had 31 people with a median prison term of 15 months. The later period had the same median as the earlier one.
The table below lists each fiscal year.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 12 | 17 months | 100% |
| 2017 | 6 | 14.5 months | 6 of 6 |
| 2018 | 6 | 13 months | 6 of 6 |
| 2019 | 6 | 24 months | 5 of 6 |
| 2020 | 2 | 12 months | 2 of 2 |
| 2021 | 2 | 13.5 months | 2 of 2 |
| 2022 | 6 | 33 months | 5 of 6 |
| 2023 | 3 | 15 months | 1 of 3 |
| 2024 | 7 | 15 months | 6 of 7 |
| 2025 | 11 | 12.5 months | 100% |
What the Records Cannot Show
The approved crosswalk has no close court-martial counterpart for this guideline, so this post reports federal numbers only. The Commission data covers only people who were convicted and sentenced. Acquittals and dismissals are not in it, and the data cannot show how many cases were charged but did not end in a sentence.
How We Counted
Everyone sentenced in federal court in fiscal years 2016 to 2025 whose primary sentencing guideline was §2A3.3 (61), from the U.S. Sentencing Commission's 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)
- §2A3.5 Failure to Register as a Sex Offender: Federal Sentences, FY2016–2025 (same guideline chapter part)
- §2A1.1 First Degree Murder: Federal Sentences, FY2016–2025 (same guideline chapter part)
- §2A2.4 Obstructing or Impeding Officers: Federal Sentences, FY2016–2025 (same guideline chapter part)
- §2A6.1 Threatening or Harassing Communications: Federal Sentences, FY2016–2025 (same guideline chapter part)
- §2A2.1 Assault with Intent to Commit Murder: Federal Sentences, FY2016–2025 (same guideline chapter part)
- 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.