(a) Base Offense Level (Apply the greater):
(1) 12; or
(2) the offense level applicable to the underlying crime or racketeering activity.
Commentary
Statutory Provision: 18 U.S.C. § 1959 (formerly 18 U.S.C. § 1952B).
Application Notes:
1. If the underlying conduct violates state law, the offense level corresponding to the most analogous federal offense is to be used.
2. If the offense level for the underlying conduct is less than the alternative minimum base offense level specified (i.e., 12), the alternative minimum base offense level is to be used.
Background: The conduct covered under this section ranges from threats to murder. The maximum term of imprisonment authorized by statute ranges from three years to life imprisonment.