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# §2A3.4 Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact: Federal Sentences, Fiscal Year 2019
- URL: https://www.bodiesburied.com/trends/federal-guideline-2a3-4-abusive-sexual-contact-or-attempt-to-commit-fy2019/
- Published: 2026-11-04T10:29:04.000Z
- Updated: 2026-11-04T10:29:04.000Z
- Description: The median prison term under guideline §2A3.4 in fiscal year 2019 was 18 months, among 40 people sent to prison. That year, 44 people were sentenced under this guideline, and 55% received a sentence within the guideline range. The median was lower than in fiscal year 2018 (24 months) and fiscal year
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Federal

[Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [§2A3.4 Abusive Sexual Contact or Attempt to Commit Abusive S](https://www.bodiesburied.com/trends/federal-guideline-2a3-4-abusive-sexual-contact-or-attempt-to-commit/) › §2A3.4: FY2019

**In brief:** The median prison term under guideline §2A3.4 in fiscal year 2019 was 18 months, among 40 people sent to prison. That year, 44 people were sentenced under this guideline, and 55% received a sentence within the guideline range. The median was lower than in fiscal year 2018 (24 months) and fiscal year 2020 (40.5 months).

Updated November 4, 2026 · Sources: U.S. Sentencing Commission and Federal Judicial Center, fiscal years 2016–2025

This post uses the U.S. Sentencing Commission's records of 44 people sentenced in federal court in fiscal year 2019\. 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](https://www.bodiesburied.com/trends/federal/) series, which builds on [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/). How the numbers were built: [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/).

## What Was the Median Prison Term in Fiscal Year 2019?

Of the 44 people sentenced under §2A3.4, 40 (91%) received a prison term. Another 3 (7%) received probation only, with no prison or other confinement.

Among those sent to prison, the median term was 18 months. A quarter received 37 months or more, and a quarter received 12 months or less.

The Commission records the term imposed by the court. It does not record time actually served.

## What the Guideline Covers

Section §2A3.4 is titled "Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact." A case is counted here when this guideline set the offense level for its most serious count.

All 44 cases fall in the Commission's Sexual Abuse offense type. Fiscal year 2019 ran from October 1, 2018 to September 30, 2019.

Only people who were convicted and sentenced appear in this data. People who were acquitted or whose cases were dismissed are not counted.

## Sentences Against the Guideline Range

A guideline range is the sentencing range the court calculates for a case. In fiscal year 2019, 24 sentences (55%) were within the range.

Another 11 (25%) were below the range at the government's request, and 5 (11%) were below the range without such a request. In 4 cases (9%), the sentence was above the range.

Across fiscal years 2016 to 2025, 50% of §2A3.4 sentences were within the range, so 2019 was a little more often within the range than the figure for all of fiscal years 2016 to 2025.

## Pleas and Trials

A total of 41 of 44 people (93%) pleaded guilty, and 3 were convicted after a trial. Among the guilty pleas, 95% had a written plea agreement and 5% were straight pleas.

The median prison term after a guilty plea was 18 months. The trial figure is 72 months, but it is based on 1 person sent to prison after trial, so it cannot be treated as a typical trial sentence.

No one in the group had a mandatory minimum prison term recorded: 0 of 44.

## Supervised Release, Fines, and Restitution

After prison, 40 people (91%) were ordered to serve supervised release. The median term was 60 months, and 6 people (14%) received supervised release for life.

A fine was ordered for 5 people (11%). Restitution was ordered for 13 (30%).

## Criminal History in This Group

Criminal history category I, the lowest, applied to 55% of the group. Category VI, the highest, applied to 2%.

Court-martial records have no criminal history field, so the Article 120 comparison posts cannot match this measure.

## How 2019 Fits With Other Years

In fiscal year 2018, 41 people were sentenced under this guideline, and in fiscal year 2020, 25 were. The share sentenced within the range was 44% in 2018 and 52% in 2020.

Across fiscal years 2016 to 2025, 378 people were sentenced under §2A3.4\. Of these, 93% went to prison, the median prison term was 24 months, and 91% pleaded guilty.

For every guideline in fiscal year 2019, 76,538 people were sentenced, with a median prison term of 21 months, 98% guilty pleas, and 51% within the range. The table lists §2A3.4 for each fiscal year.

The approved crosswalk pairs this guideline with Article 120 of the UCMJ.

| Fiscal year | People sentenced | Median prison | Pleaded guilty |
| ----------- | ---------------- | ------------- | -------------- |
| 2016        | 34               | 30 months     | 91%            |
| 2017        | 38               | 27 months     | 97%            |
| 2018        | 41               | 24 months     | 98%            |
| 2019        | 44               | 18 months     | 93%            |
| 2020        | 25               | 40.5 months   | 88%            |
| 2021        | 26               | 36 months     | 81%            |
| 2022        | 48               | 21 months     | 92%            |
| 2023        | 46               | 24 months     | 91%            |
| 2024        | 39               | 24 months     | 82%            |
| 2025        | 37               | 36 months     | 89%            |

## Limits of These Numbers

The counts are small. A handful of cases changes the median and the percentages, and one year is not a trend. The records do not show the facts behind any case or the reasons for a sentence.

### How We Counted

Everyone sentenced in federal court in fiscal year 2019 whose primary sentencing guideline was §2A3.4 (44), 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.

## Related Analysis

- [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/) (the background article)
- [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) (all federal posts)
- [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/) (sources and method)
- [§2A3.4 Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact: Federal Sentences, FY2016–2025](https://www.bodiesburied.com/trends/federal-guideline-2a3-4-abusive-sexual-contact-or-attempt-to-commit/) (overview)
- [§2A3.4 Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact: Federal Sentences, Fiscal Year 2018](https://www.bodiesburied.com/trends/federal-guideline-2a3-4-abusive-sexual-contact-or-attempt-to-commit-fy2018/) (previous or next fiscal year)
- [§2A3.4 Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact: Federal Sentences, Fiscal Year 2020](https://www.bodiesburied.com/trends/federal-guideline-2a3-4-abusive-sexual-contact-or-attempt-to-commit-fy2020/) (previous or next fiscal year)
- [How Often Federal Judges Sentence Outside the Guideline Range](https://www.bodiesburied.com/trends/federal-sentences-outside-guideline-range/)
- [Mandatory Minimums: How Many Federal Sentences Are Set by Congress](https://www.bodiesburied.com/trends/federal-mandatory-minimum-sentences/)
- [Fewer or More? Sexual Assault Charges at Army Courts-Martial, 2021–2025](https://www.bodiesburied.com/trends/army-article-120-trend-2021-2025/) (court-martial data)
- [Article 120 Sentences in the Army: Confinement and Discharges, 2021–2025](https://www.bodiesburied.com/trends/army-article-120-sent-2021-2025/) (court-martial data)
- [Fighting an Army Sexual Assault Charge: How Contested Cases Ended](https://www.bodiesburied.com/trends/army-article-120-acq-2021-2025/) (court-martial data)
- [When Army Accused Plead Guilty to Sexual Assault](https://www.bodiesburied.com/trends/army-article-120-plea-2021-2025/) (court-martial data)
- [Is Air Force Sexual Assault Prosecution Rising or Falling? Article 120, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-120-trend-2016-2025/) (court-martial data)
- [How Much Confinement for an Article 120 Conviction in the Air Force?](https://www.bodiesburied.com/trends/air-force-article-120-sent-2016-2025/) (court-martial data)
- [When Air Force Accused Plead Guilty to Sexual Assault](https://www.bodiesburied.com/trends/air-force-article-120-plea-2016-2025/) (court-martial data)
- [Is Navy-Marine Corps Sexual Assault Prosecution Rising or Falling? Article 120, 2017–2025](https://www.bodiesburied.com/trends/navy-marine-corps-article-120-trend-2017-2025/) (court-martial data)
- [Article 120 Sentences in the Navy-Marine Corps: Confinement and Discharges, 2017–2025](https://www.bodiesburied.com/trends/navy-marine-corps-article-120-sent-2017-2025/) (court-martial data)
- [Not Guilty Pleas in Navy-Marine Corps Article 120 Cases: What Happened at Trial](https://www.bodiesburied.com/trends/navy-marine-corps-article-120-acq-2017-2025/) (court-martial data)
- [Guilty Pleas in Navy-Marine Corps Sexual Assault Cases: How Often, and What Came Next](https://www.bodiesburied.com/trends/navy-marine-corps-article-120-plea-2017-2025/) (court-martial data)
- [Article 120 (Rape and Sexual Assault): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-120-courts-martial/) (court-martial data)
- [Article 120 UCMJ Explained by a Former Special Victim Prosecutor](https://www.ucmj-defender.com/ucmj/article-120-sexual-assault/?ref=bodiesburied.com) (law firm reference page)
- [U.S. Sentencing Commission, Individual Offender Datafiles](https://www.ussc.gov/research/datafiles/commission-datafiles?ref=bodiesburied.com) (source)
- [Federal Judicial Center, Integrated Database (criminal defendants)](https://www.fjc.gov/research/idb?ref=bodiesburied.com) (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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.