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# §2A3.4 Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact: Federal Sentences, FY2016–2025
- URL: https://www.bodiesburied.com/trends/federal-guideline-2a3-4-abusive-sexual-contact-or-attempt-to-commit/
- Published: 2026-11-03T01:38:31.000Z
- Updated: 2026-11-03T01:38:31.000Z
- Description: Guideline §2A3.4 had 378 people sentenced in federal court in fiscal years 2016 to 2025. A prison term went to 350 (93%), with a median of 24 months (2 years). Supervised release was ordered for 350 people, with a median term of 60 months, and 48 received it for life.
- 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

**In brief:** Guideline §2A3.4 had 378 people sentenced in federal court in fiscal years 2016 to 2025\. A prison term went to 350 (93%), with a median of 24 months (2 years). Supervised release was ordered for 350 people, with a median term of 60 months, and 48 received it for life.

Updated November 2, 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 378 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](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/).

## Supervised Release Terms Were Long

Supervised release after prison was ordered for 350 of the 378 people (93%). The median term was 60 months. A total of 48 people (13%) received supervised release for life.

That median is longer than the 36 months seen under most of the other guidelines in this series. Supervised release follows prison, so it adds to the prison term and does not replace it.

## What the Guideline Covers

The Manual's title for §2A3.4 is "Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact." The Sentencing Commission places these cases under Sexual Abuse. A case is counted here when this was the primary guideline, meaning the guideline for the most serious count.

Only people who were convicted and sentenced appear in the data.

## Prison Terms

Among the 350 people sent to prison, the median prison term was 24 months. A quarter received 51 months or more, and a quarter received 12 months or less. The terms are those imposed, not time served.

Probation only was given to 17 people (4%). A mandatory minimum prison term applied to 4 people (1%).

## Guilty Pleas Versus Trials

Guilty pleas were entered by 343 of 378 people (91%), and 35 were convicted after a trial. Of those who pleaded guilty, 94% had a written plea agreement and 6% did not.

The median prison term was 24 months after a guilty plea and 24 months after a trial, based on 31 people sent to prison after trial.

## Compared With the Guideline Range

Within the range were 189 sentences (50%). Below the range at the government's request were 72 (19%), and below the range without a request were 60 (16%). Above the range were 57 people (15%).

A fine was ordered for 29 people (8%), and restitution for 73 (19%). In criminal history, 66% were in the lowest criminal history category I, and 3% were in the highest, VI.

## Year-by-Year Changes

The median prison term was 24 months in fiscal years 2016 to 2019, covering 157 people, and 24 months in fiscal years 2020 to 2025, covering 221 people.

The yearly table is less steady. The median was 18 months in 2019, 40.5 months in 2020, and 21 months in 2022, and the guilty plea share was 81% in 2021\. With about 25 to 48 people a year, the yearly medians can move easily. The records do not give reasons.

| 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%            |

## What Is Missing

This guideline is part of the approved pairing with Article 120 of the UCMJ, covered in the comparison posts. The federal data here has no information on acquittals or dismissed charges.

### How We Counted

Everyone sentenced in federal court in fiscal years 2016 to 2025 whose primary sentencing guideline was §2A3.4 (378), 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](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)
- [§2A3.5 Failure to Register as a Sex Offender: Federal Sentences, FY2016–2025](https://www.bodiesburied.com/trends/federal-guideline-2a3-5-failure-to-register-as-a-sex-offender/) (same guideline chapter part)
- [§2A1.1 First Degree Murder: Federal Sentences, FY2016–2025](https://www.bodiesburied.com/trends/federal-guideline-2a1-1-first-degree-murder/) (same guideline chapter part)
- [§2A2.4 Obstructing or Impeding Officers: Federal Sentences, FY2016–2025](https://www.bodiesburied.com/trends/federal-guideline-2a2-4-obstructing-or-impeding-officers/) (same guideline chapter part)
- [§2A6.1 Threatening or Harassing Communications: Federal Sentences, FY2016–2025](https://www.bodiesburied.com/trends/federal-guideline-2a6-1-threatening-or-harassing-communications/) (same guideline chapter part)
- [§2A2.1 Assault with Intent to Commit Murder: Federal Sentences, FY2016–2025](https://www.bodiesburied.com/trends/federal-guideline-2a2-1-assault-with-intent-to-commit-murder/) (same guideline chapter part)
- [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.