§ 2H4.2.
Willful Violations of the Migrant and Seasonal Agricultural Worker Protection Act
(a) Base Offense Level: 6
(b) Specific Offense Characteristics
(1) If the offense involved (A) serious bodily injury, increase by 4 levels; or (B) bodily injury, increase by 2 levels.
(2) If the defendant committed any part of the instant offense subsequent to sustaining a civil or administrative adjudication for similar misconduct, increase by 2 levels.
Historical note
Effective May 1, 2001 (amendment 612). Amended effective November 1, 2001 (amendment 627); November 1, 2010 (amendment 746); November 1, 2015 (amendment 796).
Commentary
Statutory provisions
Statutory Provision: 29 U.S.C. § 1851.
Application Notes:
1. Definitions.—For purposes of subsection (b)(1), “bodily injury” and “serious bodily injury” have the meaning given those terms in Application Note 1 of the Commentary to §1B1.1 (Application Instructions).
2. Application of Subsection (b)(2).—Section 1851 of title 29, United States Code, covers a wide range of conduct. Accordingly, the enhancement in subsection (b)(2) applies only if the instant offense is similar to previous misconduct that resulted in a civil or administrative adjudication under the provisions of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. § 1801 et seq.).