§ 3B1.4.
Using a Minor To Commit a Crime
If the defendant used or attempted to use a person less than eighteen years of age to commit the offense or assist in avoiding detection of, or apprehension for, the offense, increase by 2 levels.
Historical note
Effective November 1, 1995 (amendment 527). Amended effective November 1, 1996 (amendment 540); November 1, 2010 (amendment 748); November 1, 2011 (amendment 750); November 1, 2014 (amendment 783); November 1, 2018 (amendment 807); November 1, 2025 (amendment 836). A former §3B1.4 (untitled), effective November 1, 1987, and amended effective November 1, 1989 (amendment 303), was deleted effective November 1, 1995 (amendment 527); November 1, 2026 (amendment 837).
Commentary
Application Notes:
1. “Used or attempted to use” includes directing, commanding, encouraging, intimidating, counseling, training, procuring, recruiting, or soliciting.
2. Do not apply this adjustment if the Chapter Two offense guideline incorporates this factor. For example, if the defendant receives an enhancement under §2D1.1(b)(15)(B) for involving an individual less than 18 years of age in the offense, do not apply this adjustment.