Mandatory Minimum Penalties for

Sex Offenses

in the

Federal Criminal

Justice System

United States Sentencing Commission

January 2019

Mandatory Minimum Penalties for Sex Offenses

in the Federal Criminal Justice System

William H. Pryor Jr. 

Acting Chair 

Rachel E. Barkow

Commissioner

Charles R. Breyer

Commissioner

Danny C. Reeves

Commissioner

Patricia K. Cushwa

Ex Officio 

David Rybicki

Ex Officio 

Kenneth P. Cohen

Staff Director

January 2019

Table of Contents

1 Section One: Introduction

3 Section Two: Key Findings

7 Section Three: Sex Offense Mandatory Minimums

8	 Statutory Mandatory Minimum Provisions Applicable to Federal Sex Offenders

8	 Sexual Abuse Offenses

	 10	 Child Pornography Offenses

11 Statutory and Guideline Relief Provisions

13 Section Four: Data Analysis

14	 The Commission’s Updated Study of Sex Offense Mandatory Minimum Penalties

16 Recent Trends in Mandatory Minimum Penalties

16	 Overall Prevalence of Sex Offenses Carrying Mandatory Minimum Penalties	

	 16	 Sexual Abuse Offenses

 16	 Prevalence of Sexual Abuse Offenses

	 	 21	 Offender Demographics

 21	 Race, Gender, and Citizenship

	 	 	 22	 Age

 23 Criminal History

 23 Plea and Trial Rates

 24 Relief from Mandatory Minimum Penalties

 24	 Demographics

	 	 26	 Sentencing of Sexual Abuse Offenders

 26	 Average Sentence Length	

	 	 	 28	 Sentences Relative to the Guideline Range

	 	 31	 Sexual Abuse Offenders in the Federal Prison Population

	 32	 Child Pornography Offenses

 32	 Prevalence of Child Pornography Offenses

	 	 38	 Offender Demographics

 38	 Race, Gender, and Citizenship

	 	 	 40	 Age

 41 Criminal History

 41 Plea and Trial Rates

 42 Relief from Mandatory Minimum Penalties

	 	 44	 Sentencing of Child Pornography Offenders

 44	 Average Sentence Length	

	 	 	 49	 Sentences Relative to the Guideline Range

	 	 52	 Child Pornography Offenders in the Federal Prison Population		

55 Section Five: Conclusion

57 Endnotes

67 Appendix A: Sexual Abuse Offenses

71 Appendix B: Child Pornography Offenses
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

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1Introduction
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

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Introduction

This publication is the sixth and final in the 

Commission’s series on mandatory minimum 

penalties. In 2017, the Commission published 

its Overview of Mandatory Minimum Penalties 

in the Federal Criminal Justice System (2017 

Overview Publication)1

 and subsequently issued 

four publications providing detailed analyses of 

the application of mandatory minimum penalties 

to specific offense types—drugs in October 2017; 

firearms in March 2018; the use of recidivist 

enhancements for drug traffickers under 21 

U.S.C. § 851 in July 2018; and identity theft in 

September 2018.2 These publications build on 

the Commission’s 2011 Report to the Congress: 

Mandatory Minimum Penalties in the Federal 

Criminal Justice System (2011 Mandatory Minimum 

Report),3 which provided detailed historical 

analyses of the evolution of federal mandatory 

minimum penalties, scientific literature on the topic, 

and extensive analysis of the Commission’s own 

data, public comment, and expert testimony. These 

publications highlight recent trends in the charging 

of offenses carrying mandatory minimum penalties 

and provide updated sentencing data demonstrating 

the impact of those penalties.

This publication focuses on the application of 

mandatory minimum penalties specific to federal 

sex offenses. Federal sex offenses are divided 

into two types: (1) sexual abuse offenses (also 

called “contact”) offenses, i.e., those offenses 

involving actual or attempted sexual contact with 

the victim regardless of the victim’s age; and (2) 

child pornography offenses (other than an offense 

related to the production of pornography depicting 

an actual child, which is deemed a “contact” 

offense).4

 With respect to child pornography 

offenses, this publication expands on the 2011 

Mandatory Minimum Report to provide a detailed 

individual analysis for each of the most common 

child pornography offenses—distribution, receipt, 

and possession. 

Using fiscal year 2016 data, this publication 

includes analyses of the two types of federal sex 

offenses carrying mandatory minimum penalties, 

sexual abuse offenses and child pornography 

offenses, as well their impact on the Federal 

Bureau of Prisons (BOP) population. In addition to 

analyzing child pornography offenses generally, this 

publication analyzes child pornography offenses by 

offense type, exploring differences in frequency, 

offender characteristics, and sentencing outcomes 

for distribution, receipt, and possession offenses. 

Where appropriate, the publication highlights 

changes and trends since the Commission’s 2011 

Mandatory Minimum Report.
2 Key 

Findings
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Mandatory Minimum Penalties for Federal Sex Offenses (2019)

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Key Findings

Building directly on its previous reports and the 

analyses set forth in the 2017 Overview Publication, 

this publication examines the use and impact of 

mandatory minimum penalties for sex offenses.

As part of this analysis, the Commission makes 

the following key findings:

Key Findings

1. Mandatory minimum penalties for sex offenses are applied less often in the federal 

system compared to other mandatory minimum penalties. 

• Offenders convicted of a sex offense comprised only 4.2 percent (n=2,633) of federal offenders 

sentenced in fiscal year 2016.

• Sex offenses accounted for 19.4 percent of offenses carrying a mandatory minimum penalty in 

fiscal year 2016. 

2. Sex offenses, however, increased in number and as a percentage of the federal 

docket, and sex offenders were more frequently convicted of an offense carrying a 

mandatory minimum penalty.

• Offenders convicted of a sex offense increased from 3.2 percent (n=2,317) of federal offenders, in 

fiscal year 2010, to 4.2 percent (n=2,633) in fiscal year 2016. 

• The number of offenders convicted of sexual abuse offenses has steadily increased since the 

Commission’s 2011 Mandatory Minimum Report, from 639 offenders in fiscal year 2010 to a high 

of 1,148 offenders in fiscal year 2016. Additionally, the percentage of sexual abuse offenders 

convicted of an offense carrying a mandatory minimum penalty also increased substantially, from 

21.4 percent in fiscal year 2004, to a high of 63.2 percent in fiscal year 2016. 

• While also increasing over time since 2004, the number of child pornography offenders has 

remained relatively stable since the Commission’s 2011 Mandatory Minimum Report, decreasing 

slightly from 1,675 offenders in fiscal year 2010 to 1,565 in fiscal year 2016. The percentage 

of child pornography offenders convicted of an offense carrying a mandatory minimum penalty, 

however, has generally increased, from 50.2 percent in fiscal year 2010 to a high of 61.2 percent 

in 2014, before leveling off to 59.6 percent in fiscal 2016. 
 5

Section Two:

Summary of Key Findings

Key Findings

3. Sex offenders are demographically different than offenders convicted of other 

offenses carrying mandatory minimum penalties. 

• In fiscal year 2016, Native American offenders comprised a larger percentage of sexual abuse 

offenders than of any other offense carrying a mandatory minimum penalty. They constituted 11.7 

percent of sexual abuse offenders overall and represented the largest portion (28.2%) of sexual 

abuse offenders convicted of an offense not carrying a mandatory minimum penalty.

• White offenders constituted over 80 percent of offenders convicted of any child pornography 

offense (80.9%), convicted of a child pornography offense carrying a mandatory minimum penalty 

(83.0%), and those subject to that penalty (83.2%). In comparison, White offenders comprised 22.7 

percent, 27.2 percent, and 31.1 percent of all federal offenders, federal offenders convicted of any 

offense carrying a mandatory minimum penalty, and federal offenders subject to any mandatory 

minimum penalty, respectively.

• The average age for all child pornography offenders and child pornography offenders convicted of 

an offense carrying a mandatory minimum penalty was 42, five years older than the average age for 

federal offenders convicted of an offense carrying any mandatory minimum penalty. Nearly half of 

all child pornography offenders were 41 or older (48.0%). 

• While the average age for sexual abuse offenders was the same as the average age of federal 

offenders overall (37), of those convicted of a mandatory minimum penalty, 17.6 percent were 

older than 50 and 20.5 percent were between 41 and 50. 

4. Offenders convicted of sex offenses carrying a mandatory minimum penalty are 

sentenced to longer terms than those convicted of sex offenses not carrying a mandatory 

minimum penalty.

• In fiscal year 2016, the average sentence for offenders convicted of a sexual abuse offense carrying a 

mandatory minimum penalty was nearly three times longer than the average sentence for offenders 

convicted of a sexual abuse offense not carrying a mandatory minimum penalty (252 months 

compared to 86 months). 

• The average sentence for child pornography offenders who faced a ten-year mandatory minimum 

penalty because of a prior sex offense conviction (136 months) was substantially longer than the 

average sentence for those offenders who were convicted of a possession offense (without a prior 

sex offense), which does not carry a mandatory minimum penalty (55 months). 

• Child pornography offenders convicted of distribution (140 months) and receipt offenses (93 

months), which carry a five-year mandatory minimum penalty, also had a longer average sentence 

than offenders convicted of possession offenses (55 months), who did not face a mandatory 

minimum penalty. 
United States Sentencing Commission

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Key Findings

5. Although Commission analysis has demonstrated that there is little meaningful 

distinction between the conduct involved in receipt and possession offenses, the 

average sentence for offenders convicted of a receipt offense, which carries a fiveyear mandatory minimum penalty, is substantially longer than the average sentence 

for offenders convicted of a possession offense, which carries no mandatory minimum 

penalty. 

• In fiscal year 2016, the average sentence for receipt offenders (without a prior sex offense 

conviction) was two and a half years longer (85 months) than the average sentence length for 

possession offenders (without a prior sex offense conviction) (55 months). 

6. While still constituting a relatively small percentage of the overall prison population, 

the number of both sexual abuse offenders and child pornography offenders in Federal 

Bureau of Prisons custody has steadily increased, with both reaching population highs as 

of September 30, 2016.

• Sexual abuse offenders accounted for only 3.5 percent (n=5,764) of the federal prison population 

as of September 30, 2016, but the number of sexual abuse offenders in a federal prison has steadily 

increased since fiscal year 2004, from 1,640 offenders to a high of 5,764 in fiscal year 2016. The 

number of offenders convicted of a sexual abuse offense carrying a mandatory minimum penalty 

in the federal prison population has increased at a similar rate, from 276 to 4,055, during the same 

time period.

• Child pornography offenders accounted for only 5.1 percent (n=8,508) of the federal prison 

population as of September 30, 2016, but the number of child pornography offenders in federal 

prison has steadily increased since fiscal year 2004, from 1,259 offenders to a high of 8,508 in 

fiscal year 2016. The number of offenders convicted of a child pornography offense carrying a 

mandatory minimum penalty in the federal prison population has increased at a similar rate, from 

118 to 6,303 during the same time period.
Sex Offense 

Mandatory 3 Minimums 
United States Sentencing Commission

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Statutory Mandatory Minimum Provisions 

Applicable to Federal Sex Offenders

For purposes of this publication, federal sex 

offenses are divided into two types. The first 

group includes all sexual abuse offenses (also 

called “contact” offenses), which involve actual or 

attempted sexual contact with the victim regardless 

of the victim’s age. The second group are child 

pornography offenses, other than an offense related 

to the production of pornography depicting an 

actual child, which is deemed a “contact” offense.5

Child pornography offenses are further subdivided 

throughout this publication as distribution, receipt, 

or possession offenses. This section provides a brief 

overview of the two types of offenses, including the 

most common provisions charged. 

Sexual Abuse Offenses

Sexual abuse or contact offenses include cases 

in which the primary sentencing guideline was 

in either: (1) Chapter 2, part A, subpart 3, which 

concerns sexual abuse and sexual contact offenses 

victimizing adults or minors, excluding failure to 

register offenses;6

 or (2) Chapter 2, part G, which 

concerns promotion of illegal sex acts involving an 

adult or minor, offenses involving travel to engage 

in an illegal sexual act, and child pornography 

offenses, excluding obscenity offenses that are 

not cross-referenced to the child pornography 

guidelines.7 

Statutory Provisions

The vast majority of federal sexual abuse 

offenses are found in Chapters 109A and 117 of 

Title 18 of the United States Code. A handful of 

other sexual abuse offenses, including offenses 

related to the production of child pornography, are 

found in other parts of the United States Code.8

Congress has provided for mandatory 

minimum terms of imprisonment for many sexual 

abuse offenses, including the majority of such 

offenses that involve the victimization or attempted 

victimization of minors. Mandatory minimum 

terms exist for violations of the following sections 

of Title 18:

• § 1591(b)(1) and (2) (minimum ten- or 15-year

term for sex trafficking of a minor depending

on the age of the victim and whether offense

effectuated by force, fraud, or coercion);

• § 2241(c) (minimum 30-year term for traveling

across state lines with the intent to have sex with 

a child under 12 years of age or for crossing

state lines and having sex with a child between

the ages of 12 and 16 under certain aggravating

circumstances);

• §§ 2251(e) and 2260(c)(1) (minimum 15-year

term for production of child pornography and

enhanced minimum terms if such a defendant

has a prior felony conviction for an enumerated

sex offense);9

Two Categories of Sex Offenses

Sexual Abuse (“Contact”) Offenses Child Pornography Offenses 

involve actual or attempted sexual contact 

with the victim regardless of the victim’s age, 

including production of child pornography

involve the distribution, transportation, receipt, 

or possession of child pornography
 9

Section Three:

Sex Offense Mandatory Minimums

• § 2251A(a) and (b) (minimum 30-year term

for buying or selling, or otherwise transferring,

children for the purpose of participating in the

production of child pornography);

• § 2422(b) (minimum ten-year term for using

mails or facilities or means of commerce to

cause a minor to engage in prostitution or other

criminal sexual activity);

• § 2423(a) (minimum ten-year term for

transporting a minor in commerce for the

purpose of engaging in prostitution or other

criminal sexual activity); and

• § 3559(e) (mandatory life imprisonment for

second conviction for certain sex offenses

again minors).10

The mandatory minimum penalties for these

offenses range from ten to 30 years, with enhanced 

mandatory penalties for offenders with convictions 

for certain prior sex offenses.

Many of the other sexual abuse offenses in 

Chapters 109A and 117 that do not carry mandatory 

minimum penalties outlaw similar conduct to the 

statutes listed above but involve an adult, rather 

than a minor, victim.11

Guideline Provisions 

The sentencing guidelines for sexual abuse 

offenses are contained in Chapter 2, part A, subpart 

3 and part G of the Guidelines Manual. Like the 

penal statutes governing sexual abuse offenses, the 

relevant guidelines cover a wide variety of conduct 

involving both adult and minor victims.12

Mandatory Minimum Penalties for Sexual Abuse Offenses

10 Years 15 Years 30 Years

• Sex Trafficking of a minor (section

1591(b)(2))

• Sex trafficking of a minor under 14 years of

age or by force, fraud, or coercion 

(section 1591(b)(1))

• Aggravated sexual abuse with 

children 2241(c)

• Solicitation of minors for prostitution or 

criminal sexual activity (section 

2422(b))

• Production of child pornography (sections 

2251(e) and 2260(c)(1))

• Selling or buying of children for 

pornography 2251A(a) and (b)

• Transportation of minors for prostitution 

or criminal sexual activity (section 

2423(a))
United States Sentencing Commission

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Child Pornography Offenses13

Statutory Provisions

Federal law broadly prohibits a variety of 

acts related to the distribution,14 transportation 

(including by shipping or mailing), importation, 

receipt, and possession of child pornography, 

including attempted acts and conspiracies to 

commit such acts.15 The four primary types of 

offenses (distribution, transportation, receipt, and 

possession) are set forth in Chapter 110 of Title 18 

of the United States Code at 18 U.S.C. §§ 2251, 

2252, 2252A, and 2260. The statutes prohibit 

distribution, shipping, and transportation of child 

pornography regardless of whether such activities 

have a commercial or non-commercial purpose 

(e.g., exchanging child pornography through 

“peer-to-peer” Internet file-sharing programs).16

The offense of receipt requires a defendant’s 

knowledge that he is coming into possession of 

child pornography at the time that the image is 

received.17 That a defendant knowingly possesses 

child pornography—a lesser-included offense 

of receipt—does not necessarily mean that the 

defendant previously knowingly received it.18 An 

additional statute, 18 U.S.C. § 1466A, prohibits 

possession, receipt, distribution, and production of 

“obscene visual representations of the sexual abuse 

of children;” its violation is considered a child 

pornography offense.19

The statutory penalty ranges for violations of 

these provisions vary in severity depending on both 

the act involved and the defendant’s prior criminal 

record. 

Transportation (including mailing or shipping), 

receipt, distribution, and possession with the intent 

to distribute or sell child pornography offenses each 

carry a mandatory minimum term of five years of 

imprisonment and a maximum term of 20 years.20 If 

a defendant has a prior federal or state conviction for 

one or more enumerated sex offenses, however, the 

penalty range increases to a mandatory minimum 

term of 15 years and a maximum term of 40 years 

of imprisonment.21 Section 2252A(b)(3) provides 

a separate punishment range of up to 15 years in 

prison for production (as well as distribution) of a 

“morphed” image of an actual, identifiable minor 

appearing to engage in sexually explicit conduct. 

No statutory mandatory minimum applies to this 

offense. 

Possession of child pornography is punishable 

by up to ten years (or up to 20 years if the offense 

involved a minor under 12) in federal prison 

but—unlike the other offenses involving actual 

child pornography—does not carry a mandatory 

minimum term of imprisonment.22 If a defendant 

has a prior federal or state conviction for one or 

more enumerated sex offenses, however, the penalty 

range for possession increases to a mandatory 

minimum term of ten years and a maximum term of 

20 years of imprisonment.23

Statutory Penalties for Child Pornography Offenses

Distribution and Receipt Possession

No Prior Sex Conviction 5 to 20 years 0 to 10 years 

(or to 20 years if victim under 12)

Prior Sex Conviction 15 to 40 years 10 to 20 years
 11

Section One:

Introduction

Violations of section 1466A incorporate the 

penalties provided for in sections 2252A. Violations 

involving receipt, distribution, or production of 

“obscene visual representations of the sexual abuse 

of children” carry a mandatory minimum penalty 

of five years of imprisonment and a maximum 

of 20 years of imprisonment,24 while violations 

of section 1466A involving possession of such 

obscene material carry no mandatory minimum 

penalty and have a statutory maximum of ten years 

of imprisonment.25 The penalties for violations of 

section 1466A are increased if the defendant has a 

prior conviction for an enumerated sex offense, as 

they are under the other child pornography statues.26

Guideline Provisions 

Child pornography offenders (other than those 

convicted of a production offense) are sentenced 

under §2G2.2 (Trafficking in Material Involving 

the Sexual Exploitation of a Minor; Receiving, 

Transporting, Shipping, Soliciting, or Advertising 

Material Involving the Sexual Exploitation of 

a Minor; Possessing Material Involving the 

Sexual Exploitation of a Minor with Intent to 

Traffic; Possessing Material Involving the Sexual 

Exploitation of a Minor).27 

In its past reports, the Commission has 

explained that “[t]hrough creating new offenses, 

enacting new mandatory minimums, increasing 

statutory maximums, and providing directives to the 

Commission, Congress has repeatedly expressed 

its will regarding appropriate penalties for child 

pornography offenders.”28 With respect to the child 

pornography guidelines, “Congress has specifically 

expressed an intent to raise penalties associated 

with certain child pornography offenses several 

times through directives to the Commission and 

statutory changes aimed at increasing the guideline 

penalties and reducing the incidence of downward 

departures.29

Statutory and Guideline Relief Provisions

Offenders may receive relief from the 

mandatory minimum penalty if the prosecution 

files a motion based on the defendant’s “substantial 

assistance” pursuant to 18 U.S.C. § 3553(e).30 When 

such motion is filed, section 3553(e) authorizes the 

court to impose a sentence below the mandatory 

minimum penalty. 

As directed by Congress, the Commission 

incorporated this statutory mechanism for relief 

from mandatory minimum penalties into the 

guidelines. USSG §5K1.1 authorizes a departure 

from the guideline range if the offender provided 

substantial assistance to law enforcement and the 

government files a motion to that effect.31 Even 

where §5K1.1 applies, however, the court can only 

sentence below the mandatory minimum penalty 

when the government also files a motion pursuant 

to 18 U.S.C. § 3553(e).32
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Mandatory Minimum Penalties for Federal Sex Offenses (2019)

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4 Data 

Analysis
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

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The Commission’s Updated Study of Sex 

Offense Mandatory Minimum Penalties

In its 2011 Mandatory Minimum Report, the 

Commission made several recommendations to 

Congress regarding the use of, and improvement 

to, mandatory minimum penalties generally and 

with respect to the four major offense types. At 

that time, the Commission concluded that further 

study was needed before it could offer specific 

recommendations with respect to sex offenses.33

However, the Commission noted that “preliminary 

review of the available sentencing data suggests that 

the mandatory minimum penalties for certain child 

pornography offenses and the resulting guidelines 

sentencing ranges may be excessively severe and as 

a result are being applied inconsistently.”34 

First, it noted that offenders convicted of 

child pornography offenses carrying a mandatory 

minimum penalty had the highest rate of nongovernment sponsored below range sentences of 

any offenders convicted of any offense carrying 

mandatory minimum penalty, which was consistent 

with the views expressed by federal judges at the 

time of the report that the mandatory minimum 

penalties for receipt and distribution of child 

pornography were too high. 

Second, the Commission noted that it appeared 

that prosecutors were frequently using their 

discretion to avoid charging child pornography 

offenses carrying mandatory minimum penalties. 

In the 2011 Mandatory Minimum Report, a review 

of a 20 percent sample of offenders sentenced under 

§2G2.2 found that “over half (53.0%) of offenders 

convicted of possession of child pornography, 

which does not carry a mandatory minimum 

penalty, engaged in distribution conduct that could 

have been prosecuted under a statute carrying 

a mandatory minimum penalty.”35 Similarly, 

the Commission explained that “there [did] not 

seem to be a significant practical difference in 

the offense conduct that constitutes possession 

of child pornography, which does not carry a 

mandatory minimum penalty, and offense conduct 

that constitutes receipt of child pornography, which 

carries a five-year mandatory minimum penalty.”36

The Commission stated that it would undertake a 

more comprehensive analysis of child pornography 

offenses, including the conduct underlying these 

offenses. 

The Commission further explored this issue 

in its 2012 Report to the Congress: Federal Child 

Pornography Offenses,

37 where the Commission’s 

analysis again demonstrated that, of offenders 

sentenced under §2G2.2 convicted of possession 

of child pornography as the most serious offense 

of conviction, the overwhelming majority (95.3%) 

had engaged in knowing receipt or distribution 

conduct that, had it been charged, would have 

carried a five-year mandatory minimum penalty.38

The Commission concluded, “after reviewing over 

2,000 cases of offenders sentenced for receipt and 

possession offenses in fiscal year 1999, 2000, 2010, 

2011 RECOMMENDATIONS

In the 2011 Mandatory Minimum Report, 

the Commission concluded that 

mandatory minimum penalties and the 

resulting guideline ranges for certain child 

pornography offenses may be excessively 

severe and, as a result, were being applied 

inconsistently. In particular, it noted that 

offenders convicted of child pornography 

offenses carrying a mandatory minimum 

penalty had the highest rate of nongovernment sponsored below range 

sentences of any offenders convicted 

of any offense carrying a mandatory 

minimum sentence.
 15

Section Four:

Data Analysis

and 2012 . . . that ‘there appears to be little difference 

in the offense seriousness between typical receipt 

cases and typical possession cases,’” and, therefore, 

“to reduce the unwarranted sentencing disparities 

resulting from inconsistent application of the 

mandatory minimum penalty for receipt offenses,” 

the Commission recommended that “Congress align 

the statutory penalties for receipt and possession.”39

Since the 2011 Mandatory Minimum Report and 

2012 Child Pornography Report, the Commission 

has continued its study of the scope, use, and 

impact of mandatory minimum penalties in the 

federal system, providing regular updates through 

the issuance of Quick Facts publications, as well 

as in testimony before Congress. The Commission 

provides this publication to update the information 

and analyses in its 2011 Mandatory Minimum 

Report and to further inform discussion of the 

Commission’s recommendations regarding the use 

of mandatory minimum penalties for sex offenses.

2011 RECOMMENDATIONS

In the 2011 Mandatory Minimum Report 

and the 2012 Child Pornography Report, 

Commission analysis demonstrated that 

there appeared to be little meaningful 

difference in offense seriousness between 

the typical receipt case, which requires 

a five-year mandatory minimum penalty, 

and the typical possession case, which 

does not require a mandatory minimum 

penalty. The Commission therefore 

recommended that Congress align 

the statutory penalties for receipt and 

possession to reduce unwarranted 

sentencing disparities resulting from 

inconsistent application of the mandatory 

minimum penalty for receipt cases.

Focusing on sex offenses carrying a mandatory 

minimum penalty, this publication analyzes 62,251 

cases from the Commission’s fiscal year 2016 

datafile,40 identifying relevant offender and offense 

characteristics, including demographic data and 

basic criminal history information. After noting 

trends in sex offenses carrying mandatory minimum 

penalties overall, this publication addresses the 

two types of sex offenses separately. First, this 

publication discusses sexual abuse (“contact”) 

offenses, providing comparisons between offenders 

convicted of a sexual abuse offense, offenders 

convicted of a sexual abuse offense carrying a 

mandatory minimum penalty, and offenders who 

remained subject to a sexual abuse mandatory 

minimum penalty at sentencing. Second, it 

discusses child pornography offenses generally and 

by offense type, comparing distribution, receipt, 

and possession offenses. With respect to possession 

offenses, it also provides more detailed analysis 

regarding possession offenses, which do not carry 

a mandatory minimum penalty and possession 

offenses with a prior sex offense conviction, 

triggering the ten-year mandatory minimum 

penalty. 

For each of these two types of sex offenses, 

the Commission provides data about sentencing 

outcomes involving the application of the 

mandatory minimum penalty. Where appropriate, 

this publication highlights key changes between the 

data set forth in the Commission’s 2011 Mandatory 

Minimum Report and the fiscal year 2016 sentencing 

data.

The Commission intends that the data in 

this publication will further inform the ongoing 

discussion regarding mandatory minimum penalties 

among Congress, the Department of Justice, and 

others.
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Recent Trends in Mandatory Minimum 

Penalties

As discussed in the 2017 Overview Publication, 

the prevalence of convictions for an offense 

carrying any mandatory minimum penalty among 

all federal offenders decreased in fiscal year 2016. 

From fiscal years 1991 to 2013, the percentage of 

federal offenders convicted of an offense carrying 

a mandatory minimum penalty fluctuated between 

26.0 percent and 31.9 percent. Between 2013 

and 2016, however, the percentage has decreased, 

to 21.9 percent in fiscal year 2016. While the 

percentage of offenders convicted of an offense 

carrying a mandatory minimum penalty steadily 

decreased, the percentage of offenders subject to 

a mandatory minimum at sentencing remained 

relatively stable during the same time period, falling 

only slightly from 14.5 percent in fiscal year 2010 

to 13.4 percent in fiscal year 2016. This is because 

offenders in recent years have been increasingly less 

likely to receive relief from a mandatory minimum 

penalty through a substantial assistance motion or 

application of the statutory safety valve. In fiscal 

year 2016, 38.7 percent offenders convicted of an 

offense carrying a mandatory minimum penalty 

received relief, down from 46.7 percent in 2010.41

Overall Prevalence of Sex Offenses 

Carrying Mandatory Minimum Penalties

Sex offenses continued to constitute a small 

percentage of federal criminal cases overall. In 

fiscal year 2016, of the 62,251 offenders sentenced 

and included in this analysis, only 4.2 percent 

(n=2,633) involved sex offenses. Of those, the 

majority (56.4%, n=1,578) were convicted only 

of a child pornography offense, while 40.6 percent 

(n=1,055) were convicted only of a sexual abuse 

offense. Three percent (n=80) were convicted of 

both type of offenses. 

Although sex offenses have and continued 

to be a small percentage of the federal criminal 

docket, they have increased both as a number and 

as a percentage of the federal docket since the 

Commission’s 2011 Mandatory Minimum Report

(3.2%, n=2,317).42 

Sexual Abuse Offenses

Prevalence of Sexual Abuse Offenses

How Often Were Offenders Charged with a 

Sexual Abuse Offense?

In fiscal year 2016, there were 1,148 offenders 

convicted of a sexual abuse offense, constituting 

just 1.8 percent of all federal offenders that year. Of 

those 1,148 offenders, the majority (63.2%, n=726) 

were convicted of a sexual abuse offense carrying a 

mandatory minimum penalty. 
 17

Section Four:

Data Analysis

All Other Federal 

Offenders

95.8%

(N=59,618)

Sex Offenders

4.2%

(N=2,633)

[N=62,251]

Sexual Abuse 

Offenders

40.6%

(N=1,055)

Child 

Pornography 

Offenders

56.4%

(N=1,578)

Both

3.0%

(N=80)

SOURCE: U.S. Sentencing Commission 2016 Datafile, USSCFY2016.

Figure 1. Sex Offenders Convicted of an Offense Carrying a Mandatory Minimum Penalty

Fiscal Year 2016

All Other Federal 

Offenders

98.2%

(N=61,103)

Sexual Abuse Offenders

1.8%

(N=1,148)

[N=62,251]

Not Convicted Under 

a Statute Carrying a 

MM Penalty

36.8%

(N=422)

Convicted Under a 

Statute Carrying a 

MM Penalty

63.2%

(N=726)

SOURCE: U.S. Sentencing Commission 2016 Datafile, USSCFY2016.

Figure 2. Sexual Abuse Offenders Convicted of an Offense Carrying a Mandatory Minimum Penalty

Fiscal Year 2016
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

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Although still a small percentage of the overall 

criminal docket, the number of sexual abuse 

offenses continued to increase, as did the percentage 

of sexual abuse offenders convicted of an offense 

carrying a mandatory minimum penalty. In fiscal 

year 2016, the number of offenders convicted of 

sexual abuse offenses reached a high of 1,148,43

generally increasing each year since fiscal year 

2004 (n=458).44

The percentage of sexual abuse offenders 

convicted of an offense carrying a mandatory 

minimum penalty also increased substantially, from 

21.4 percent in fiscal year 2004, to a high of 63.2 

percent in fiscal year 2016.45

SOURCE: U.S. Sentencing Commission 2004 through 2016 Datafiles, USSCFY2004-USSCFY2016.

0

250

500

750

1,000

1,250

1,500

Sexual Abuse Offenders

Figure 3. Number of Offenders Convicted of Sexual Abuse Offenses 

Fiscal Years 2004 - 2016

Number

Figure 4. Percentage of Sexual Abuse Offenders Convicted of an Offense Carrying a Mandatory Minimum Penalty 

Fiscal Years 2004 - 2016

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

Sexual Abuse Offenders

SOURCE: U.S. Sentencing Commission, 2004 through 2016 Datafiles, USSCFY04 – USSCFY16.

Percent
 19

Section Four:

Data Analysis

Under What Statutes and Guidelines Were 

Sexual Abuse Offenders Sentenced?

The most common statutes of conviction 

for sexual abuse offenders convicted of an 

offense carrying a mandatory minimum penalty 

were production of child pornography (18 

U.S.C. §§2251(e) or 2260(c)(1)) (51.4%, n=373), 

followed by using mail or facilities or means 

of commerce to cause a minor to engage in 

prostitution or other criminal sexual activity (18 

U.S.C. § 2422(b)) (27.6%, n=200).46

Sexual abuse offenders were most frequently 

sentenced under §2G1.3 (Transportation of a 

Minor to Participate in a Commercial Sex Act) 

(38.5%, n=410) and §2G2.1 (Production of Child 

Pornography) (34.5%, n=368). The next largest 

portion were sentenced under §2A3.1 (Criminal 

Sexual Abuse) (13.3%, n=142). Over 90 percent 

of those sexual abuse offenders convicted of an 

offense carrying a mandatory minimum penalty 

were sentenced under §2G2.1 (53.0%) and §2G1.3 

(41.5%).47 

Table 1. Offense of Conviction for Sexual Abuse Offenders 

Convicted of an Offense Carrying a Mandatory Minimum Penalty

Fiscal Year 2016

Convicted of an Offense 

Carrying a Mandatory 

Minimum Penalty

Total Number of Offenders 726 100.0%1

18 U.S.C. §§ 2251(e) or 2260(c)(1) 373 51.4%

18 U.S.C. § 2422(b) 200 27.6%

18 U.S.C. § 1591(b)(1) 118 16.3%

18 U.S.C. § 2423(a) 68 9.4%

18 U.S.C. § 1591(b)(2) 42 5.8%

18 U.S.C. § 2241(c) 16 2.2%

18 U.S.C. §§ 2251A(a) and (b) 4 0.6%

18 U.S.C. § 3559(e) 1 0.1%

1 Offenders may be convicted under more than one statute, therefore the total percentage is 

greater than 100.0%. 

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Table 2. Offenders Whose Primary Guideline was a Sexual Abuse Offense

Fiscal Year 2016

All 

Sexual Abuse Offenders

Convicted of an Offense Carrying a 

Mandatory Minimum Penalty

Total Number of Offenders1 1,0662 100.0% 644 60.4%

Transportation of a Minor to Participate in a Commercial Sex Act 

(§2G1.3) 410 38.5% 267 41.5%

Production of Child Pornography (§2G2.1) 368 34.5% 341 53.0%

Criminal Sexual Abuse/Rape (§2A3.1) 142 13.3% 30 4.7%

Promoting a Commercial Sex Act – non Minor (§2G1.1) 66 6.2% 5 0.8%

Abusive Sexual Contact (§2A3.4) 34 3.2% 0 0.0%

Statutory Rape (§2A3.2) 33 3.1% 0 0.0%

Criminal Sexual Abuse of a Ward (§2A3.3) 12 1.1% 0 0.0%

Selling or Buying of Children for Use in Production of Child Pornography 

(§2G2.3)

1 0.1% 1 0.2%

1 Three offenders’ primary guideline was Child Exploitation Enterprises (§2G2.6). These cases are not necessarily sexual abuse in nature and are not included in the analysis for this report. 

All three of these offenders were convicted under a statute carrying a mandatory minimum penalty.

2 Eighty offenders’ primary guideline was Trafficking Child Pornography (§2G2.2), and one offender each had a primary guideline of First Degree Murder (§2A1.1) and Kidnapping 

(§2A4.1) but were also convicted of a sexual abuse offense carrying a mandatory minimum penalty. These offenders are not included in this table, but are included in all other analysis. 

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 20

How Severe Were Mandatory Minimum 

Penalties for Sexual Abuse Offenders?

The majority of sexual abuse offenders convicted 

of an offense carrying a mandatory minimum penalty 

faced a mandatory minimum penalty of 15 years 

(52.3%, n=380). The next largest portion (39.9%, 

n=290) faced a ten-year mandatory minimum. Few 

offenders faced a mandatory minimum penalty of 

20 years or greater (7.7%, n=56).

Where Were Offenders Convicted of Sexual 

Abuse Offenses?

The District of Arizona had the most sexual 

abuse offenders (n=53) followed by the Southern 

District of Texas (n=50), the Eastern District of 

Virginia (n=40), the Southern District of California 

(n=40), and the Middle District of Florida (n=40).

The Middle District of Florida had the most sexual 

abuse offenders convicted of an offense carrying 

a mandatory minimum penalty (n=38), followed 

by the Southern District of Texas (n=31), and the 

Eastern District of Virginia (n=30). Five districts 

had no sexual abuse offenders (Delaware, Virgin 

Islands, Northern District of Iowa, Guam, and the 

Eastern District of Oklahoma).48

10 Years

39.9%

(N=290)

15 Years

52.3%

(N=380)

20 Years and Greater

7.7%

(N=56)

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 5. Length of Mandatory Minimum Penalties for 

Sexual Abuse Offenders

Fiscal Year 2016

[N=726]

Figure 6. Geographic Distribution of Sexual Abuse Offenders

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Number of Sexual Abuse Cases in Each District

Number of Sexual Abuse Cases 

Convicted Under a Statute Carrying a Mandatory Minimum Penalty 

in Each District
 21

Section Four:

Data Analysis

Offenders Demographics

Race, Gender, and Citizenship

In fiscal year 2016, White offenders continued 

to comprise the largest demographic group of 

both offenders convicted of a sexual abuse offense 

(49.1%) and offenders convicted of a sexual abuse 

offense carrying a mandatory minimum penalty 

(62.7%). White offenders continued to be a much 

larger percentage of offenders convicted of a sexual 

abuse offense carrying a mandatory minimum 

penalty than of offenders convicted of any offense 

carrying a mandatory minimum penalty (27.2%).49

However, since the Commission’s 2011 Mandatory 

Minimum Report, White offenders decreased 

as a percentage within each of these categories 

(from 55.2% and 76.4%, respectively), while 

the percentage of Black and Hispanic offenders 

increased in each category. The percentage of 

sexual abuse offenders who were Black nearly 

doubled, from 12.5 percent to 23.6 percent, as did 

the percentage convicted of an offense carrying a 

mandatory minimum penalty who were Black, 

from 11.9 percent to 21.1 percent.50 The percentage 

White

25.8%

White

62.7%

White

49.1%

Black

28.0%

Black

21.1%

Black

23.6%

Hispanic

14.5%

Hispanic

12.7%

Hispanic

13.3%

Native

American

28.2%

Native

American

2.1%

Native

American

11.7%

White Black Hispanic Native American Non-NA Other

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

All Sexual Abuse Offenders

Convicted of an Offense Carrying a Mandatory Minimum Penalty

Non-Mandatory Minimum Offenders

Figure 7. Race of Sexual Abuse Offenders

Fiscal Year 2016

Non-NA 

Other

2.3%

Non-NA 

Other

1.5%

Non-NA 

Other

3.6%

of sexual abuse offenders who were Hispanic 

increased less dramatically than Black offenders, 

from 9.7 percent of sexual abuse offenders and 8.7 

percent of those sexual abuse offenders convicted of 

an offense carrying a mandatory minimum penalty 

in fiscal year 2010.51

In the previous reports issued in this series, 

Native American offenders have been included 

within the “Other Race” category. However, 

unlike other offenses carrying mandatury minimum 

penalties, a notable portion of sexual abuse 

offenders are Native American. Thus, for sexual 

abuse offenses, Native American offenders are 

analyzed as a separate demographic group. In fiscal 

year 2016, Native American offenders comprised 

11.7 percent of all sexual abuse offenders and 

represented the largest portion of sexual abuse 

offenders convicted under a statute not carrying 

a mandatory minimum penalty (28.2%). Their 

relatively large representation among the group of 

offenders convicted of a sexual abuse offense not 

carrying a mandatory minimum penalty is largely 

due to the Assimilative Crimes Act, which provides 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 22

for federal jurisdiction over conduct proscribed by 

state law occurring in Indian country, in addition to 

the Major Crimes Act, which provides jurisdiction 

over federal offense occurring in Indian Country.52

Male offenders were convicted of sexual abuse 

offenses (91.9%) and of sexual abuse offenses 

carrying a mandatory minimum penalty (94.2%) 

far more frequently than female offenders.53

Additionally, the overwhelming majority of 

offenders convicted of a sexual abuse offense 

(92.8%) and those convicted of a sexual abuse 

offense carrying a mandatory minimum penalty 

(94.4%) were United States citizens. 

Age

In fiscal year 2016, the average age of sexual 

abuse offenders was 37, the same as the average age 

of federal offenders overall. Offenders convicted 

of a sexual abuse offense and offenders convicted 

of a sexual abuse offense carrying a mandatory 

minimum penalty were fairly evenly distributed 

throughout all age brackets, except there were fewer 

in the “younger than 21” category. For offenders 

convicted of a sexual abuse offense carrying a 

mandatory minimum penalty, the average age was 

38 and the most common age group was 41 to 50 

(20.5%, n=149), followed by 26 to 30 (18.7%, 

n=136).

Table 3. Gender and Citizenship of Sexual Abuse Offenders

Fiscal Year 2016

All Sexual Abuse 

Offenders

Convicted of an Offense 

Carrying a Mandatory 

Minimum Penalty

Subject to Mandatory 

Minimum Penalty

Total Number of Offenders 1,148 726 667

Male 91.9% 94.2% 95.4%

Female 8.1% 5.8% 4.6%

U.S. Citizen 92.8% 94.4% 94.6%

Non-U.S. Citizen 7.2% 5.6% 5.4%

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 8. Age of Sexual Abuse Offenders 

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

All Sexual Abuse Offenders Convicted of a Sexual Abuse Offense 

Carrying a Mandatory Minimum 

2.6%

(N=30)

15.2%

(N=174)

19.9%

(N=228)

16.1%

(N=185)

11.4%

(N=131)

18.5%

(N=212)

16.4%

(N=188)

Younger than 21

21-25

26-30

31-35

36-40

41-50

Older than 50

0.0% 10.0% 20.0% 30.0% 40.0% 50.0%

1.2%

(N=9)

11.0%

(N=80)

18.7%

(N=136)

17.4%

(N=126)

13.5%

(N=98)

20.5%

(N=149)

17.6%

(N=128)

Younger than 21

21-25

26-30

31-35

36-40

41-50

Older than 50

0.0% 10.0% 20.0% 30.0% 40.0% 50.0%
 23

Section Four:

Data Analysis

Criminal History

The majority of all sexual abuse offenders 

(63.6%) and offenders convicted of a sexual abuse 

offense carrying a mandatory minimum penalty 

(65.2%) were in Criminal History Category I. 

The remaining offenders were distributed fairly 

evenly throughout criminal history categories. 

The distribution of criminal history categories 

for offenders convicted of a sexual abuse offense 

carrying a mandatory minimum penalty largely 

mirrors the distribution for all sexual abuse 

offenders.

The proportion of offenders in Criminal History 

Category I is considerably larger for offenders 

convicted of a sexual abuse offense carrying a 

mandatory minimum penalty than for offenders 

convicted of any offense carrying a mandatory 

minimum penalty (65.2% compared to 45.7%).54 

Plea and Trial Rates

In fiscal year 2016, sexual abuse offenders were 

over four times more likely to proceed to trial than 

all federal offenders (12.7% compared to 2.7% of 

all offenders).55 Offenders convicted of a sexual 

abuse offense carrying a mandatory minimum 

penalty were even more likely to go to trial 

(17.4%), substantially higher than the percentage 

of offenders convicted of any offense carrying a 

mandatory minimum penalty (5.2%).56

Table 4. Criminal History of Sexual Abuse Offenders

Fiscal Year 2016

All Sexual Abuse 

Offenders

Convicted of an Offense 

Carrying a Mandatory 

Minimum Penalty

Subject to Mandatory 

Minimum Penalty

Total Number of Offenders 1,148 726 667

CRIMINAL HISTORY CATEGORY

I 63.6% 65.2% 66.1%

II 10.7% 9.1% 8.7%

III 9.9% 9.2% 8.7%

IV 5.7% 5.0% 5.0%

V 4.7% 6.1% 6.3%

VI 5.4% 5.5% 5.3%

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 9. Trial Rate of Sexual Abuse Offenders 

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

17.4%

(N=126)

12.7%

(N=146)

Convicted of a Sexual Abuse

Offense Carrying a Mandatory

Minimum

All Sexual Abuse Offenders
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 24

Relief from Mandatory Minimum Penalties

In fiscal year 2016, less than ten percent (8.1%, 

n=59) of sexual abuse offenders were relieved of 

the mandatory minimum penalty at sentencing 

pursuant to 18 U.S.C. § 3553(e) for rendering 

substantial assistance to the government. This is 

a substantially lower rate than that for offenders 

convicted of any offense carrying a mandatory 

minimum penalty (38.7%).57

Demographics

White offenders comprised over half of the 

offenders subject to a sexual abuse mandatory 

minimum penalty at sentencing (64.3%). Black 

offenders comprised the next largest portion at 19.0 

percent. 

In fiscal year 2016, Black offenders received 

substantial assistance at the highest rate (17.0%) of 

any demographic group, an increase from the rate at 

the time of the Commission’s last report (12.5%).58

White offenders (5.7%), Hispanic offenders (6.5%), 

and Native American offenders (6.7%) received 

substantial assistance relief from the mandatory 

minimum penalty at similar rates to each other. 

No Other Race (Non-Native American)59 offenders 

received substantial assistance relief. However, 

this group represents only 1.5 percent of offenders 

convicted of a sexual abuse offense carrying a 

mandatory minimum penalty. 

The difference between the rates of substantial 

assistance between Black offenders and the other 

demographic groups may be explained, in part, by 

the guideline under which these offenders were 

sentenced. Black offenders convicted of an offense 

carrying a mandatory minimum penalty were 

most frequently sentenced under §2G1.3 (73.2%). 

Offenders sentenced under §2G1.3 received 

substantial assistance departures at a similar rate to 

all offenders in fiscal year 2016 (12.4% compared 

to 11.7%).60 In contrast, White offenders convicted 

of a sexual abuse offense carrying a mandatory 

minimum penalty were most frequently sentenced 

under §2G2.1 (57.6%), for which substantial 

assistance departures are generally less common 

White

64.3%

Black

19.0%

Hispanic

12.9%

Native 

American

2.1%

White Black Hispanic Native American Non-NA Other

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Subject to a Sexual Abuse Mandatory Minimum Penalty

Figure 11. Race of Sexual Abuse Offenders Subject to Mandatory Minimum Penalty

Fiscal Year 2016

Non-NA 

Other

1.7%

Relieved of Mandatory 

Minimum Penalty

8.1%

(N=59)

No Relief

91.9%

(N=667)

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 10. Sexual Abuse Offenders Relieved of Mandatory Minimum Penalty

Fiscal Year 2016
 25

Section Four:

Data Analysis

(for example, 6.5% in fiscal year 2016). Hispanic 

offenders (45.7%) and Other Race (Non-Native 

American) offenders (72.7%) were also most 

frequently sentenced under §2G2.1, while Native 

American offenders were most frequently sentenced 

under §2A3.1 (53.3%). 

Female offenders convicted of a sexual abuse 

offense carrying a mandatory minimum penalty 

received relief from that penalty more than three 

times as often as male sexual abuse offenders 

(26.2% compared to 7.0%). Non-United States 

citizens obtained relief from the mandatory 

minimum penalty more often than United States 

citizens (12.2% compared to 7.9%).

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

93.0%

73.8%

92.1%

87.8%

7.0%

26.2%

7.9%

12.2%

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

Male Female U.S. Citizen Non-U.S. Citizen

Subject to Mandatory Minimum Penalty Substantial Assistance

Figure 13. Sexual Abuse Offenders Who Were Relieved of the Penalty by Gender and Citizenship

Fiscal Year 2016

Figure 12. Sexual Abuse Offenders Who Were Relieved of the Penalty by Race of Offender

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

91.9% 94.3%

83.0%

93.5% 93.3%

100.0%

8.1% 5.7%

17.0%

6.5% 6.7%

0.0%

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

Offenders

Convicted of

Mandatory

Minimum Penalty

White Black Hispanic Native American Other - Non NA

Subject to Mandatory Minimum Penalty Substantial Assistance
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 26

Sentencing of Sexual Abuse Offenders 

Average Sentence Length

The Commission compared the average 

sentence length for all sexual abuse offenders, 

offenders convicted of a sexual abuse offense 

carrying a mandatory minimum penalty, and 

offenders convicted of a sexual abuse offense 

not carrying a mandatory minimum penalty. For 

those offenders convicted of a sexual abuse offense 

carrying a mandatory minimum penalty, the 

Commission also compared the average sentence 

lengths for those relieved of and subject to the 

mandatory minimum penalty.

In fiscal year 2016, the average sentence length 

for offenders convicted of a sexual abuse offense 

carrying a mandatory minimum penalty was 

nearly three times as long as the average sentence 

for offenders convicted of a sexual abuse offense 

not carrying a mandatory minimum penalty (252 

months compared to 86 months). 

The average sentence length for those offenders 

who remained subject to the mandatory minimum 

penalty (263 months) was more than double the 

average sentence length for those sexual abuse 

offenders who received relief from the mandatory 

minimum penalty (129 months).

Figure 14. Average Sentence Length for Sexual Abuse Offenders by Mandatory Minimum Status

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

252 mos.

86 mos.

191 mos.

Convicted of Mandatory

Minimum [N=726]

Not Convicted of

Mandatory Minimum

[N=422]

All Sexual Abuse

(N=1,148)
 27

Section Four:

Data Analysis

The average sentences in fiscal year 2016 

were higher than they were at the time of the 

Commission’s 2011 Mandatory Minimum Report, 

except for those offenders receiving relief—for 

offenders convicted of a sexual abuse offense not 

carrying a mandatory minimum penalty (86 months 

compared to 73 months), offenders convicted of 

an offense carrying a mandatory minimum penalty 

and subject to that penalty (252 months compared 

to 235 months), and for those relieved of the 

mandatory minimum penalty at sentencing (129 

months compared to 139 months).61

White sexual abuse offenders had the longest 

average sentence (230 months), more than five 

years longer than the next highest group, Hispanic 

offenders (169 months). Of offenders convicted 

of a sexual abuse offense carrying a mandatory 

minimum penalty with an appreciable number of 

defendants, White offenders had the longest average 

sentence (264 months), followed by Hispanic 

offenders (231 months), and Black offenders (219 

months). While Native American offenders had the 

longest average sentence (331 months), there was 

a very low number of cases (n=15). Other Race 

(Non-Native American) offenders had an average 

sentence length of 258 months, also representing a 

small portion of the cases (n=11). 

Figure 15. Average Sentence Length for Sexual Abuse Offenders by Status of Relief from the 

Mandatory Minimum Penalty

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

263 mos.

129 mos.

Subject to Mandatory Minimum Penalty at

Sentencing [N=667]

Relieved of Mandatory Minimum Penalty

[N=59]
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 28

A similar relationship exists between average 

sentence lengths by demographic group for 

offenders subject to the mandatory minimum 

penalty. Native American offenders had the longest 

average sentence (350 months), followed by White 

offenders (271 months). As noted above, however, 

there were few Native American offenders.

Male offenders had a longer average sentence 

than female offenders across all categories. 

U.S. citizens had a longer average sentence than 

non-United States citizens across all categories.

Sentences Relative to the Guideline Range

In fiscal year 2016, sexual abuse offenders 

had high rates of both government-sponsored and 

non-government sponsored below range sentences. 

Offenders receiving non-government sponsored 

below range sentences comprised 24.8 percent of 

all sexual abuse sentences, 27.4 percent of those 

who were convicted of a sexual abuse offense 

carrying a mandatory minimum penalty, and 29.8 

percent of those who were subject to a mandatory 

minimum penalty at sentencing, compared to 

21.8 percent, 21.8 percent, and 27.4 percent for 

all offenders, offenders convicted of an offense 

carrying any mandatory minimum, and offenders 

subject to any mandatory minimum penalty, 

respectively.62 Offenders receiving a government 

sponsored below range sentence other than 

substantial assistance comprised 18.3 percent of all 

sexual abuse sentences, 16.0 percent of those who 

were convicted of a sexual abuse offense carrying 

a mandatory minimum penalty, and 17.4 percent of 

those who were subject to a mandatory minimum 

penalty at sentencing. 

Figure 16. Average Sentence Length for Sexual Abuse Offenders and Status of Relief from the Mandatory Minimum 

Penalty by Race

Fiscal Year 2016

230

264

85

271

158

219

80

242

169

231

77

238

130

331

104

350

126

258

29

258

0

60

120

180

240

300

360

All Sexual Abuse Offenders Convicted of an Offense

Carrying MM Penalty

Not Convicted Under MM

Penalty

Subject to MM Penalty

at Sentencing

White Black Hispanic Native American Other - Non NA Months

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
 29

Section Four:

Data Analysis

Figure 17. Average Sentence Length for Sexual Abuse Offenders and Status of Relief from the Mandatory Minimum 

Penalty by Gender and Citizenship Status

Fiscal Year 2016

197

254

91

264

120

211

45

244

194

253

87

264

153

229

79

248

0

50

100

150

200

250

300

All Sexual Abuse Offenders Convicted of an Offense

Carrying MM Penalty

Not Convicted Under MM

Penalty

Subject to MM Penalty

at Sentencing

Male Female U.S. Citizen Non-U.S. Citizen

Months

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Table 5. Sentence Relative to the Guideline Range for Sexual Abuse Offenders

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

All Sexual Abuse 

Offenders 

Convicted of a Statute Carrying 

a Mandatory Minimum Penalty

Subject to Mandatory 

Minimum Penalty

Total (# of offenders) 1,148 726 667

SENTENCE RELATIVE TO THE GUIDELINE RANGE

Within Range 43.0% 45.6% 49.6%

Above Range 5.5% 2.9% 3.2%

Substantial Assistance §5K1.1 8.4% 8.1% 0.0%

Other Government Sponsored (no §5K1.1) 18.3% 16.0% 17.4%

Non-Government Sponsored Below Range 24.8% 27.4% 29.8%

The rates of below range sentences increased 

from the Commission’s last report when nongovernment sponsored below range sentences 

comprised 17.8 percent, 17.3 percent, and 18.0 

percent of those same categories, respectively, and 

government sponsored below range sentences for a 

reason other than substantial assistance represented 

11.6 percent, 8.9 percent, and 9.3 percent of 

sentences in those same categories, respectively.63

There is a close relationship between the 

average guideline minimum sentence and the 

average sentence imposed for both all sexual abuse 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 30

SOURCE: U.S. Sentencing Commission 2004 through 2016 Datafiles, USSCFY2004-USSCFY2016.

0

60

120

180

240

300

Guideline Minimum Sentence

Figure 19. Average Guideline Minimum and Sentence for Sexual Abuse Offenders Convicted of an Offense Carrying a 

Mandatory Minimum Penalty

Fiscal Years 2004 - 2016

Months

offenders (Figure 18) and offenders convicted 

of a sexual abuse offense carrying a mandatory 

minimum penalty (Figure 19). However, the gap 

has widened over time for both groups. 

As reflected in Figure 19, the average sentence 

imposed in fiscal year 2016 for offenders convicted 

of a sexual abuse offense carrying a mandatory 

minimum penalty was three years shorter than the 

average minimum guideline sentence, the largest 

difference since 2004. 

SOURCE: U.S. Sentencing Commission 2004 through 2016 Datafiles, USSCFY2004-USSCFY2016.

0

60

120

180

240

300

Guideline Minimum Sentence

Figure 18. Average Guideline Minimum and Sentence for Sexual Abuse Offenders

Fiscal Years 2004 - 2016

Months
 31

Section Four:

Data Analysis

Sexual Abuse Offenders in the Federal 

Prison Population

The number of federal offenders convicted 

of a sexual abuse offense is a small but increasing 

portion of the federal prison population. Sexual 

abuse offenders accounted for 3.5 percent (n=5,764) 

of the federal prison population as of September 

30, 2016. Of sexual abuse offenders in prison, 

the majority (70.5%, n=4,055) were convicted 

of a sexual abuse offense carrying a mandatory 

minimum penalty, while 29.5 percent (n=1,699) 

were convicted of an offense not carrying a 

mandatory minimum penalty.64 

Sexual Abuse 

Offenders

3.5%

(N=5,764)

All Other 

Offenders

96.5%

(N=161,007)

Not Convicted of a 

Mandatory Minimum 

Penalty

29.5%

(N=1,699)

Convicted of a 

Mandatory 

Minimum Penalty

70.5%

(N=4,055)

BOP Population 

as of September 30, 2016

1 The mandatory minimum status of 10 offenders could not be determined from sentencing documentation.

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafile, USSCBOP. 

Sexual Abuse Offenders in BOP Population1

as of September 30, 2016

Figure 20. Sexual Abuse Offenders in the BOP Population

At the End of Fiscal Year 2016

0

1,000

2,000

3,000

4,000

5,000

6,000

Sexual Abuse Offenders Sexual Abuse Offenders Convicted of a MM

Figure 21. Number of Sexual Abuse Offenders in BOP Population 

At the End Fiscal Years 2004 - 2016

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafile, USSCBOP. 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 32

The number of sexual abuse offenders in a 

federal prison has steadily increased since fiscal 

year 2004, from 1,640 offenders to a high of 5,764 

in fiscal year 2016. The number of offenders 

convicted of a sexual abuse offense carrying a 

mandatory minimum penalty in the federal prison 

population has increased at a similar rate, from 276 

to 4,055, during the same time period.

Child Pornography Offenses

This section of the publication turns to the 

other primary category of sexual offenses in the 

federal system—child pornography. As previously 

noted, the Commission builds upon its previous 

study of this section by analyzing overall trends 

in sentencing all child pornography offenders, 

including a discussion of those subject to a 

mandatory minimum as compared to those not. This 

publication, however, extended the Commission 

research in this area by providing additional analyses 

for each subtype of child pornography: possession, 

receipt, and distribution.65 As part of this analysis, 

the Commission compares the sentencing data for 

those convicted of possession, which does not carry 

a mandatory minimum penalty, with the other types 

of child pornography offenses. 

Prevalence of Child Pornography Offenses

How Often Were Offenders Charged with a 

Child Pornography Offense?

Of the 62,251 offenders sentenced in fiscal 

year 2016, only 2.5 percent (n=1,565) involved 

a child pornography offense.66 Of those, nearly 

60 percent (59.6%, n=932) were convicted of a 

child pornography offense carrying a mandatory 

minimum penalty, while 40.4 percent (n=633) were 

convicted of an offense not carrying a mandatory 

minimum penalty. Those convicted of a child 

All Other Federal 

Offenders

97.5%

(N=60,686)

Pornography Offenders

2.5%

(N=1,565)

[N=62,251]

SOURCE: U.S. Sentencing Commission 2016 Datafile, USSCFY2016.

Figure 22. Child Pornography Offenders Convicted of an Offense Carrying a Mandatory Minimum Penalty

Fiscal Year 2016

Not Convicted 

Under a Statute 

Carrying a MM 

Penalty

40.4%

(N=633)

Convicted Under 

a Statute 

Carrying a MM 

Penalty

59.6%

(N=932)
 33

Section Four:

Data Analysis

pornography offense not carrying a mandatory 

minimum penalty (40.4%) were all convicted of 

possession. 

The offenders convicted of a child pornography 

offense carrying a mandatory minimum penalty 

were distributed among the three offenses carrying 

those penalties. As reflected in Figure 23, the largest 

portion, 44.1 percent (n=690) were convicted of 

distribution of child pornography, 7.9 percent 

(n=123) were convicted of receipt, and 7.6 percent 

(n=119) were convicted of a possession offense 

and had a prior conviction for an enumerated 

sex offense, triggering the ten-year mandatory 

minimum penalty. 

Considering only those offenders convicted of 

a child pornography offense carrying a mandatory 

minimum penalty, nearly three-quarters were 

convicted of distribution (74.0%), with the 

remaining offenders convicted of receipt (13.2%) 

or possession with a prior predicate sex offense 

(12.8%).

Distribution

44.1%

Receipt

7.9%

Possession

40.4%

Possession - Prior Sex Offense

7.6%

Figure 23. Child Pornography Offenders by Offense Type

Fiscal Year 2016

1 Fifty offenders’ primary guideline was cross referenced from §2G2.2 to §2G2.1 (Production of Child Pornography), and four offenders were cross referenced from §2G3.1 

(Transferring Obscene Matter to a Minor) to §2G2.2. An additional two offenders were sentenced under the 1997 Guidelines Manual, which had lower penalties for these offenses. 

These 56 offenders are not included in this analysis. 

2 Eighty offenders were sentenced under §2G2.2 (Trafficking in Child Pornography), but were also convicted under a sexual abuse statute such as production of child pornography. 

These offenders are included in this analysis and also the sexual abuse analysis.

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

[N=1,565]1
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 34

As reflected in Figure 24, the number of child 

pornography cases increased between fiscal year 

2004 (n=583) and fiscal year 2010 (n=1,675). 

This number stabilized somewhat following the 

Commission’s 2011 Mandatory Minimum Report. 

It reached a high point of 1,734 in 2012 and 

decreased to 1,565 offenders in fiscal year 2016.

Between fiscal years 2004 and 2013, possession 

of child pornography was the most common child 

pornography offense, reaching its peak of 883 cases 

in fiscal year 2010. In fiscal year 2014, distribution 

of child pornography became the most prevalent 

(n=746). Receipt offenses have decreased since the 

Commission’s 2011 Mandatory Minimum Report, 

SOURCE: U.S. Sentencing Commission 2004 through 2016 Datafiles, USSCFY2004-USSCFY2016.

0

250

500

750

1,000

1,250

1,500

1,750

2,000

Child Pornography Offenders

Figure 24. Number of Offenders Convicted of Child Pornography Offenses 

Fiscal Years 2004 - 2016

Number

SOURCE: U.S. Sentencing Commission 2004 through 2016 Datafiles, USSCFY2004-USSCFY2016.

0

250

500

750

1,000

Distribution Receipt Possession - No Prior Sex Offense Possession - Prior Sex Offense

Figure 25. Number of Child Pornography Offenders by Type of Offense

Fiscal Years 2004 - 2016

Number
 35

Section Four:

Data Analysis

from 248 in fiscal year 2010 to 123 in fiscal year 

2016, the lowest number since fiscal year 2007 

(n=120). The number of offenders convicted of a 

possession offense who had a prior predicate sex 

offense has increased at a low and relatively steady 

rate, before reaching a high of 119 offenders in the 

last fiscal year.

When considering those three offense types 

carrying a mandatory minimum penalty—

distribution, receipt, and possession with prior sex 

conviction—the percentage of child pornography 

offenders convicted of an offense carrying a 

mandatory minimum penalty also generally 

increased, from 11.8 percent in fiscal year 2004 to 

a high of 61.2 percent in fiscal year 2014, before 

leveling off to 59.6 percent in fiscal 2016.

Figure 26. Percentage of Child Pornography Offenders Convicted of an Offense Carrying a Mandatory Minimum Penalty 

Fiscal Years 2004 - 2016

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

Child Pornography

SOURCE: U.S. Sentencing Commission, 2004 through 2016 Datafiles, USSCFY04 – USSCFY16.

Percent
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 36

How Severe Were Mandatory Minimum 

Penalties for Child Pornography Offenders?

Child pornography offenders were convicted of 

offenses carrying five, ten, and 15-year mandatory 

minimum penalties. As noted in Section 3, receipt 

and distribution offenses each carry a five-year 

mandatory minimum penalty (and a 20-year 

maximum penalty), which increases to 15 years 

(and a 40-year maximum) for offenders with 

a predicate sex offense.67 Possession offenses 

carry no mandatory minimum penalty and a 

maximum penalty of ten years (or 20 years if the 

offense involved a victim under 12 years old). If 

a defendant has a prior federal or state conviction 

for one or more enumerated sex offenses, however, 

the penalty range for possession increases to a 

mandatory minimum term of ten years and a 

maximum term of 20 years of imprisonment. 

As reflected in Figure 27, the majority of 

offenders convicted of a child pornography offense 

carrying a mandatory minimum penalty faced a 

minimum penalty of five years (79.1%, n=737). 

This group constituted those offenders charged 

with either receipt or distribution with no prior sex 

offenses. The next largest portion (13.2%, n=123) 

faced a ten-year mandatory minimum penalty, 

which comprised those convicted of possession 

with a prior sex offense, followed by offenders 

who faced a penalty of 15 years for those convicted 

of distribution or receipt with such a prior (7.7%, 

n=72).

Five Years

79.1%

(N=737)

10 Years

13.2%

(N=123)

15 Years

7.7%

(N=72)

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 27. Length of Mandatory Minimum Penalties for Child Pornography Offenders

Fiscal Year 2016

[N=932]
 37

Section Four:

Data Analysis

Where Were Offenders Convicted of Child 

Pornography Offenses?

As reflected in Figure 28, the Middle District 

of Florida had both the most offenders convicted of 

child pornography offenses (n=70), as well as the 

most offenders convicted of a child pornography 

offense carrying a mandatory minimum penalty 

(n=57). The Western District of Texas (n=55) and 

the Northern District of Texas (n=48) had the next 

highest number of child pornography offenders, 

while the Northern District of Ohio (n=41) had the 

next most convicted of a child pornography offense 

carrying a mandatory minimum penalty.

Further geographic variation is seen when 

separately analyzing each of the three subtypes of 

child pornography. 

Figure 28. Geographic Distribution of Child Pornography Offenders

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Number of Child Pornography

Cases in Each District

Number of Child Pornography Offenders 

Convicted Under a Statute Carrying a Mandatory Minimum Penalty 

in Each District
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 38

The Eastern District of Texas (n=38) had the 

most offenders convicted of possession of child 

pornography, followed by the Western District 

of Texas (n=29), the Eastern District of Missouri 

(n=30), the Southern District of California 

(n=22) and the Northen District of Texas (n=22). 

Connecticut, Guam, the Northern District of New 

York, Delaware, the Western District of Virginia, 

and the Middle District of Alabama had no such 

cases. 68

The Middle District of Florida (n=11) was the 

only district with more than ten offenders convicted 

of receipt of child pornography. Forty-four districts 

had no receipt cases. 

The Middle District of Florida (n=43) had the 

most offenders convicted of distribution of child 

pornography, followed by the Northern District of 

Ohio (n=37). Eleven districts had no such cases.

Offender Demographics

Race, Gender, and Citizenship

Consistent with the Commission’s past 

analyses, White male offenders continued to make 

up the overwhelming majority of child pornography 

offenders in fiscal year 2016. 

White offenders constituted over 80 

percent of offenders convicted of any child 

pornography offense (80.9%), those convicted of 

a child pornography offense carrying a mandatory 

minimum penalty (83.0%), and those subject to that 

penalty at sentencing (83.2%). 

White offenders comprised larger portions 

of offenders convicted of receipt (86.3%) and 

distribution (81.9%) offenses, than they did of 

offenders convicted of possession offenses (77.9%), 

while the opposite was true for Hispanic offenders 

(7.5%, 12.6%, and 15.4%, respectively).69

Figure 29. Possession of Child Pornography Offenders

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 30. Receipt of Child Pornography Offenders

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 31. Distribution of Child Pornography Offenders

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
 39

Section Four:

Data Analysis

Figure 32. Race of Child Pornography Offenders 

Fiscal Year 2016

White

83.2%

White

83.0%

White

80.9%

Black

4.1%

Black

4.2%

Black

3.8%

Hispanic

11.3%

Hispanic

11.3%

Hispanic

12.9%

Other

1.4%

Other

1.5%

Other

2.4%

White Black Hispanic Other

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

All Child Pornography Offenders

Convicted of an Offense Carrying a Mandatory Minimum Penalty

Subject to Mandatory Minimum Penalty at Sentencing

White

81.9%

White

86.3%

White

77.9%

Black

3.8%

Black

5.4%

Black

3.2%

Hispanic

12.6%

Hispanic

7.5%

Hispanic

15.4%

Other

1.7%

Other

0.8%

Other

3.6%

White Black Hispanic Other

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Possession

Receipt

Distribution

Figure 33. Race of Child Pornography Offenders by Type of Offense 

Fiscal Year 2016
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 40

mandatory minimum penalty was 42, five years 

older than the average age of federal offenders 

and federal offenders convicted of a mandatory 

minimum overall (37). Nearly half of all child 

pornography offenders were age 41 or older, with 

26.8 percent older than 50 (n=419) and 21.2 percent 

ages 41 to 50 (n=332). Less than ten percent of child 

pornography offenders were 25 or younger, with 

the remaining offenders fairly evenly distributed 

throughout age brackets 26 to 30, 31 to 35, and 36 

to 40. The same relationship exists for offenders 

who were convicted of a child pornography offense 

carrying a mandatory minimum penalty. Offenders 

older than 50 were most prevalent (27.9%, n=260), 

followed by those ages 41 to 50 (21.6%, n=201).

In fiscal year 2016, nearly all child pornography 

offenders were male (99.7%), as were those 

offenders convicted of a child pornography offense 

carrying a mandatory minimum penalty (99.8%).70 

Nearly all child pornography offenders were 

United States citizens (96.2%), as were as those 

convicted of a child pornography offense carrying a 

mandatory minimum sentence (96.2%).

Age

In fiscal year 2016, the average age of all child 

pornography offenders and child pornography 

offenders convicted of an offense carrying a 

Table 6. Gender and Citizenship of Child Pornography Offenders

Fiscal Year 2016

All Child 

Pornography 

Offenders

Convicted of an Offense 

Carrying a Mandatory 

Minimum Penalty

Subject to Mandatory 

Minimum Penalty

Total Number of Offenders 1,565 932 911

Male 99.7% 99.8% 99.9%

Female 0.3% 0.2% 0.1%

U.S. Citizen 96.2% 96.2% 96.2%

Non-U.S. Citizen 3.8% 3.8% 3.8%

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 34. Age of Child Pornography Offenders

Fiscal Year 2016

1.2%

(N=19)

8.0%

(N=125)

14.4%

(N=226)

15.4%

(N=241)

13.0%

(N=203)

21.2%

(N=332)

26.8%

(N=419)

Younger than 21

21-25

26-30

31-35

36-40

41-50

Older than 50

0.0% 10.0% 20.0% 30.0% 40.0% 50.0%

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

All Child Pornography Offenders 

Convicted of a Child Pornography Offense 

Carrying a Mandatory Minimum 

0.5%

(N=5)

6.9%

(N=64)

12.9%

(N=120)

15.7%

(N=146)

14.6%

(N=136)

21.6%

(N=201)

27.9%

(N=260)

Younger than 21

21-25

26-30

31-35

36-40

41-50

Older than 50

0.0% 10.0% 20.0% 30.0% 40.0% 50.0%
 41

Section Four:

Data Analysis

Criminal History

The majority of all child pornography 

offenders (78.3%) and offenders convicted of a 

child pornography offense carrying a mandatory 

minimum penalty (70.2%) were in Criminal 

History Category I. The remaining offenders were 

distributed fairly evenly throughout criminal history 

categories. Compared to all child pornography 

offenders, a smaller percentage of offenders 

convicted of child pornography offenses carrying 

a mandatory minimum penalty were in Criminal 

History Category I, with slightly larger percentages 

in each of the higher categories.

The proportion of offenders in Criminal History 

Category I is considerably larger for offenders 

convicted of a child pornography offense carrying a 

mandatory minimum penalty than it is for offenders 

convicted of any offense carrying a mandatory 

minimum penalty (70.2% compared to 45.7%).71 

Plea and Trial Rates

In fiscal year 2016, child pornography 

offenders proceeded to trial at a similar rate to the 

rate for all offenders (2.6% compared to 2.7% of 

all offenders).72 The Commission also analyzed 

the trial rates for child pornography offenders by 

offense type. Offenders convicted of a distribution 

offense were most likely to proceed to trial (4.1%), 

followed by offenders convicted of a receipt offense 

(3.3%). Child pornography offenders convicted of 

an offense carrying a mandatory minimum penalty 

proceeded to trial at a lower rate than offenders 

convicted of any offense carrying a mandatory 

minimum penalty (5.2%).73 Offenders convicted of 

possession offenses were even less likely to proceed 

to trial (1.2%). 

Child pornography offenders proceeded to 

trial at a lower rate (3.9%) in fiscal year 2016 than 

they had at the time of the Commission’s 2011 

Mandatory Minimum Report (6.4%).74

Table 7. Criminal History of Child Pornography Offenders

Fiscal Year 2016

All 

Child Pornography 

Offenders

Convicted of an Offense 

Carrying a Mandatory 

Minimum Penalty

Subject to Mandatory 

Minimum Penalty

Total Number of Offenders 1,565 932 911

CRIMINAL HISTORY CATEGORY

I 78.3% 70.2% 70.6%

II 9.1% 12.0% 12.0%

III 7.5% 10.4% 10.2%

IV 2.6% 3.9% 3.7%

V 1.4% 2.0% 2.0%

VI 1.2% 1.5% 1.5%

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 35. Trial Rate of Child Pornography Offenders 

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

3.9%

(N=36)

2.6%

(N=41)

Convicted of a Child Pornogrpahy Offense Carrying a

Mandatory Minimum

All Child Pornography Offenders
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 42

Relief from Mandatory Minimum Penalties

A very small percentage (2.3%) of child 

pornography offenders were relieved of the 

mandatory minimum penalty at sentencing pursuant 

to 18 U.S.C. § 3553(e) for rendering substantial 

assistance to the government. Child pornography 

offenders were relieved of the mandatory minimum 

penalty at a substantially lower rate than offenders 

convicted of any offense carrying a mandatory 

minimum penalty (38.7%).75

There was little difference in relief rates based 

on the type of offense. Possession offenders who 

faced a mandatory minimum penalty as a result of 

a prior conviction for an enumerated sex offense 

received relief at the highest rate (3.4%), followed 

by distribution offenders (2.5%). No receipt 

offenders received relief.

Figure 36. Plea and Trial Rate of Child Pornography Offenders by the Type of Offense

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

97.4% 98.8% 96.8% 95.9%

2.6% 1.2% 3.3% 4.1%

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

All Offenders Possession Receipt Distribution

Plea Trial

Relieved of 

Mandatory Minimum 

Penalty

2.3%

(N=21)

No Relief

97.7%

(N=911)

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 37. Child Pornography Offenders Relieved of 

Mandatory Minimum Penalty

Fiscal Year 2016
 43

Section Four:

Data Analysis

In fiscal year 2016, Other Race offenders 

were the most likely to be relieved of a mandatory 

minimum penalty at sentencing (7.1%), followed 

by Black offenders (5.1%). These groups, 

however, comprised relatively small portions of 

child pornography offenders generally and those 

convicted of a child pornography offense carrying 

a mandatory minimum penalty. White offenders, 

who comprised the largest portions of both groups, 

respectively (80.9% and 83.0%), received relief in 

2.1 percent of cases. 

Figure 38. Child Pornography Offenders Convicted of an Offense Carrying a Mandatory Minimum Penalty Who Were 

Relieved of the Penalty by Type of Pornography Offense

Fiscal Year 2016

• Possession offenders (no prior sex offense) are not subject to mandatory minimum penalties at sentencing. These statistics reflect the rate for all possession of child pornography offenders.

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

96.6% 100.0% 97.5%

3.4% 0.0% 2.5%

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

Possession - Prior Sex Offense Receipt Distribution

Subject to Mandatory Minimum Penalty Substantial Assistance

Figure 39. Child Pornography Offenders Convicted of an Offense Carrying a Mandatory Minimum Penalty 

Who Were Relieved of the Penalty by Race of Offender

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

97.9% 94.9% 98.1%

92.9%

2.1% 5.1% 1.9%

7.1%

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

White Black Hispanic Other

Subject to Mandatory Minimum Penalty Substantial Assistance
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 44

Sentencing of Child Pornography 

Offenders 

Average Sentence Length

The Commission compared the average 

sentence length for all child pornography offenders 

and for child pornography offenders based on 

offense type. For those offenders convicted of a 

child pornography offense carrying a mandatory 

minimum penalty, the Commission also compared 

the average sentence lengths for those relieved of 

and subject to the mandatory minimum penalty. 

As reflected in Figure 40, the average sentence 

length for all child pornography offenders was 101 

months in fiscal year 2016. Offenders convicted 

of distribution offenses had the longest average 

sentence (140 months), followed by receipt 

offenders (93 months), and possession offenders 

(67 months).

Among all child pornography offenders, the 

average sentence lengths for White, Black, and 

Hispanic offenders were all within three months of 

one another (with a low of 100 months for Black 

offenders and a high of 103 months for Hispanic 

offenders). While the average sentence length 

was shorter for Other Race offenders (91 months), 

only 37 Other Race were offenders included in this 

analysis. 

Average sentence lengths varied by 

demographic group for the different offense types. 

For possession offenses, Black offenders had the 

longest average sentence (76 months), followed 

by White offenders (69 months). This relationship 

was reversed for receipt offenses (95 months for 

White offenders compared to 81 months for Black 

offenders). Hispanic offenders had a shorter average 

sentence for both offense types, as did Other Race 

possession offenders.76 For distribution offenses, 

Black offenders had the shortest average sentence 

(129 months), followed by White offenders (138 

months). Hispanic offenders had the longest 

average sentence (156 months), closely followed 

by Other Race offenders (153 months). Hispanic 

and Other Race offenders, however, comprised 

very small portions of offenders convicted of 

distribution offenses, only 12.6 and 1.7 percent of 

offenders, respectively. For offenders convicted 

Figure 40. Average Sentence Length for All Child Pornography Offenders and by Type of Child Pornography Offense

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

140 mos.

93 mos.

67 mos.

101 mos.

Distribution of Child Pornography

(N=690)

Receipt of Child Pornography

(N=123)

Possession of Child Pornography

(N=752)

All Child Pornography (N=1,565)
 45

Section Four:

Data Analysis

of a possession offense (with a prior sex offense 

conviction), Hispanic offenders had the longest 

average sentence length (146 months), followed by 

Black offenders (140 months), and White offenders 

(135 months).77 

Male possession offenders (68 months) had a 

longer average sentence than female possession 

offenders (33 months). There were no female 

receipt or distribution offenders.

United States citizen receipt offenders (94 

months) had a longer average sentence than NonUnited States citizen receipt offenders (65 months), 

while the opposite was true for distribution 

offenders (139 months compared to 153 months). 

The average sentence lengths were more similar for 

possession offenses—67 months for United States 

citizens and 58 months for Non-United States 

citizens.

Figure 41. Average Sentence Length for Child Pornography Offenders by Type of Pornography Offense and Race

Fiscal Year 2016

102

69

95

138

100

76 81

129

103

60

79

156

91

61

153

0

50

100

150

200

All Child Pornography

Offenders

Possession of Child

Pornography

Receipt of Child Pornography Distribution of Child

Pornography

White Black Hispanic Other

NA

Months

Table 8. Average Sentence Length for Child Pornography Offenders by Gender and Citizenship Status

Fiscal Year 2016

All Child 

Pornography 

Offenders

Possession of Child 

Pornography

Receipt of Child 

Pornography

Distribution of Child 

Pornography

AVERAGE SENTENCE (Months)

Male 102 68 93 140

Female 77 33 NA NA

U.S. Citizen 101 67 94 139

Non-U.S. Citizen 106 58 65 153

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 46

Sentencing of Possession Offenses

Not surprisingly, the average sentence length 

for offenders convicted of possession offenses 

(without a prior sex offense), which do not carry 

a mandatory minimum penalty, was substantially 

shorter (55 months) than for those possession 

offenders who faced a ten-year mandatory minimum 

penalty because of a prior sex offense conviction 

(136 months). 

As shown in Figure 43, offenders convicted 

of a possession offense (with a prior sex offense 

conviction) and relieved of the mandatory minimum 

penalty had an average sentence of 100 months, 37 

months shorter than for those subject to that penalty 

(137 months). Relief had a noticeable impact on 

sentence length for the few offenders who received 

it. However, because so few offenders received 

relief, there is little difference in the overall average 

sentence length and the average sentence length for 

those offenders who remained subject to the penalty. 

The average sentence for offenders convicted of a 

possession offense without a mandatory minimum 

penalty was also shorter than the average sentence 

for offenders convicted of a possession offense 

(with a prior sex offense) who were relieved of the 

mandatory minimum penalty (55 months compared 

to 100 months). 

Figure 42. Average Sentence Length for Possession of Child Pornography Offenders

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

136 mos.

55 mos.

Possession - Prior Sex

Offense (N=119)

Possession - No Mandatory

Minimum (N=633)

137 mos.

100 mos.

136 mos.

Figure 43. Impact of Relief on Average Sentence Length of Child Pornography Offenders Convicted of an 

Offense Carrying a Mandatory Minimum Penalty

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Relieved of Mandatory Minimum Penalty

Convicted of an Offense Carrying a Mandatory Minimum Penalty

Subject to Mandatory Minimum Penalty at Sentencing
 47

Section Four:

Data Analysis

Although there was a noticeable impact on 

sentence length for those offenders relieved of 

the possession mandatory minimum penalty, few 

offenders received relief. As a result, the average 

sentence length for offenders who remained subject 

to the mandatory minimum penalty by demographic 

group mirrors the average sentence lengths for 

offenders convicted of those offenses. 

Sentencing of Receipt & Distribution Offenses

Offenders convicted of a distribution offense 

had an average sentence nearly four years longer 

than offenders convicted of receipt offenses (140 

months compared to 93 months). Those distribution 

offenders relieved of the mandatory minimum 

penalty had an average sentence length of 122 

months, 18 months shorter than for those subject 

to the penalty (140 months). No receipt offenders 

received relief from the mandatory minimum 

penalty. 

Table 9. Average Sentence Length for Possession of Child Pornography 

Offenders Carrying a Mandatory Minimum Penalty by Race

Fiscal Year 2016

Convicted of an Offense Carrying 

a Mandatory Minimum Penalty

Subject to 

Mandatory Minimum Penalty

AVERAGE SENTENCE (Months)

Possession of Child Pornography

White 135 137

Black 140 140

Hispanic 146 146

Other NA NA

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 44. Impact of Relief on Average Sentence Length of Child Pornography Offenders Convicted of an Offense 

Carrying a Mandatory Minimum Penalty

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

93

140

122

93

140

0

50

100

150

Receipt Distribution

Convicted of a MM Penalty Relieved of MM Penalty Subject to MM Penalty at Sentencing

months
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 48

Again, as with possession offenses, due to the 

small number of offenders relieved of the mandatory 

minimum penalty, the average sentence length for 

offenders who remained subject to the mandatory 

minimum penalty by demographic group mirrors 

the average sentence lengths for offenders convicted 

of those offenses. 

Charging Decisions Continue to Impact 

Sentence Length for Possession and Receipt 

Offenders

As noted above, past Commission analysis 

has demonstrated that there is little difference in 

the underlying conduct of offenders charged with 

possession offenses, compared to the conduct 

of offenders charged with receipt offenses.78 

However, as demonstrated in Figure 45, whether 

Table 10. Average Sentence Length for Receipt and Distribution of Child 

Pornography Offenders by Race

Fiscal Year 2016

Convicted of an Offense Carrying 

a Mandatory Minimum Penalty

Subject to 

Mandatory Minimum Penalty

AVERAGE SENTENCE (Months)

Receipt of Child Pornography

White 95 95

Black 81 81

Hispanic 79 79

Other NA NA

Distribution of Child Pornography

White 138 138

Black 129 133

Hispanic 156 157

Other 153 156

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 45. Average Sentence Length for Possession and Receipt of Child Pornography Offenders

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

85 mos.

55 mos.

Receipt of Child

Pornography - No Prior Sex

Offense (N=113)

Possession of Child

Pornography - No Prior Sex

Offense (N=633) In the 2011 Mandatory Minimum Report 

and the 2012 Child Pornography Report, 

the Commission found that “there appears to 

be little difference in the offense seriousness 

between typical receipt cases and typical 

possession cases.”
 49

Section Four:

Data Analysis

the defendant is charged with possession or receipt 

has a substantial effect on the sentence length. 

The Commission compared the average sentence 

for offenders convicted of a possession offense 

(without a prior sex offense conviction), who did 

not face any mandatory minimum penalty, with 

the average sentence for offenders convicted of a 

receipt offense, who faced a five-year mandatory 

minimum penalty. Receipt offenders with a prior sex 

offense conviction, who faced a 15-year mandatory 

minimum, were excluded from this analysis. The 

average sentence for the receipt offenders (without 

a prior sex offense conviction) was two and a half 

years longer (85 months) than the average sentence 

length for possession offenders without a prior sex 

offense conviction (55 months). 

Sentences Relative to the Guideline Range

Consistent with the Commission’s past 

analysis of sentencing for child pornography 

offenses, in fiscal year 2016, most child pornography 

offenders were sentenced below the guideline range 

as a result of either a non-government sponsored 

departure or variance (48.8%) or a government 

sponsored departure or variance other than 

substantial assistance (20.8%). In fiscal year 2016, 

only 26.8 percent of all child pornography offenders 

were sentenced within the guideline range, 

compared to 46.6 percent of offenders overall and 

41.4 percent of offenders convicted of an offense 

carrying any mandatory minimum penalty.79

More than half of both receipt (51.2%) and 

distribution (53.2%) offenders received a nongovernment sponsored below range sentence. This 

is higher than the rate for possession offenders 

(44.3%). Possession offenders, however, received 

a government sponsored departure or variance 

other than substantial assistance at the highest 

rate (23.9%). Child pornography offenders, 

regardless of offense type, were sentenced within 

the guideline range at a rate lower than all offenders 

and all offenders convicted of any offense carrying 

a mandatory minimum penalty (46.6% and 41.4%, 

respectively).80

Table 11. Sentence Relative to the Guideline Range for Child Pornography Offenders by Type of Pornography Offense

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

All Child Pornography 

Offenders 

Possession of 

Child Pornography

Receipt of 

Child Pornography

Distribution of 

Child Pornography

Total (# of offenders) 1,565 752 123 690

SENTENCE RELATIVE TO THE GUIDELINE RANGE

Within Range 26.8% 28.3% 27.6% 24.9%

Above Range 1.9% 2.1% 4.9% 1.2%

Substantial Assistance §5K1.1 1.7% 1.3% 0.0% 2.5%

Other Government Sponsored (no §5K1.1) 20.8% 23.9% 16.3% 18.3%

Non-Government Sponsored Below Range 48.8% 44.3% 51.2% 53.2%
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 50

SOURCE: U.S. Sentencing Commission 2004 through 2016 Datafiles, USSCFY2004-USSCFY2016.

0

60

120

180

240

Guideline Minimum

Possession (No Mandatory Minimum)

Guideline Minimum

Possession with Prior Sex Offense (10-Year MM)

Sentence

Possession (No Mandatory Minimum)

Sentence

Possession with Prior Sex Offense (10-Year MM)

Figure 47. Average Guideline Minimum and Sentence for Possession of Child Pornography Offenses

Fiscal Years 2004 - 2016

Months

Figure 46. Average Guideline Minimum and Sentence for Child Pornography Offenders

Fiscal Years 2004 - 2016

Months

SOURCE: U.S. Sentencing Commission 2004 through 2016 Datafiles, USSCFY2004-USSCFY2016.

0

60

120

180

240

Guideline Minimum Sentence Months
 51

Section Four:

Data Analysis

1 There were no receipt cases in fiscal year 2004. 

SOURCE: U.S. Sentencing Commission 2005 through 2016 Datafiles, USSCFY2005-USSCFY2016.

0

60

120

180

240

Guideline Minimum Sentence

Figure 48. Average Guideline Minimum and Sentence for Receipt of Child Pornography Offenses

Fiscal Years 2005 - 20161

Months

The average guideline minimum for child 

pornography offenders has increased from an 

average of 50 months in fiscal year 2004 to 139 

months in fiscal year 2016. While the average 

sentence increased substantially between fiscal 

years 2004 and 2008 (from 53 months to 92 

months), it has remained relatively stable since, 

increasing less dramatically to 101 months in fiscal 

year 2016. 

Similarly, for those possession offenders not 

facing a mandatory minimum penalty, the average 

sentence and the average guideline minimum 

increased at a similar rate between fiscal years 2004 

and 2007. From 2008 on, however, the guideline 

minimum sentence continued to steadily increase 

while the average sentence decreased and then 

remained relatively stable. In fiscal year 2016, 

the average sentence imposed was 55 months, 33 

months less than the average guideline minimum 

sentence (88 months). 

In contrast, for possession offenders facing a 

mandatory minimum as the result of a prior sex 

offense, the average sentence and the guideline 

minimum sentence were never more than ten 

months apart. In fiscal year 2016, the average 

guideline minimum sentence (141 months) was 

five months longer than the average sentence (136 

months). 

As seen in Figure 48, the average guideline 

minimum for offenders convicted of receipt of child 

pornography has remained relatively stable, from 

an average of 128 months in fiscal year 2005 to 111 

months in fiscal year 2016. While also relatively 

stable and close to the guideline minimum, the 

average sentence decreased from 121 months in 

fiscal year 2005 to 93 months in fiscal year 2016.
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 52

A different trend emerges, however, when 

considering distribution offenses. As reflected 

in Figure 49, the average guideline minimum has 

diverged further from the average sentence imposed. 

The average guideline minimum for offenders 

convicted of distribution of child pornography 

increased from an average of 66 months in fiscal 

year 2004 to 191 months in fiscal year 2016. The 

average sentence also increased, from 70 months 

in fiscal year 2004 to 143 months in 2008. It has 

been relatively stable since, reaching a high of 145 

months in fiscal year 2012, and decreasing to 140 

months in fiscal year 2016. 

Child Pornography Offenders in the 

Federal Prison Population

The number of federal offenders convicted 

of child pornography offenses is a small but 

increasing portion of the federal prison population. 

Child pornography offenders accounted for 5.1 

percent (n=8,508) of the federal prison population 

as of September 30, 2016. Of child pornography 

offenders in prison, the majority (74.1%, n=6,303) 

were convicted of a child pornography offense 

carrying a mandatory minimum penalty, while 25.9 

percent (n=2,203) were convicted of an offense not 

carrying a mandatory minimum penalty.81 

The number of child pornography offenders in 

federal prison has steadily increased since fiscal 

year 2004, from 1,259 offenders to a high of 8,508 

in fiscal year 2016. The number of offenders 

convicted of a child pornography offense carrying 

a mandatory minimum penalty in the federal prison 

population has increased at a similar rate, from 118 

to 6,303 during the same time period.

SOURCE: U.S. Sentencing Commission 2004 through 2016 Datafiles, USSCFY2004-USSCFY2016.

0

60

120

180

240

Guideline Minimum Sentence

Figure 49. Average Guideline Minimum and Sentence for Distribution of Child Pornography Offenses

Fiscal Years 2004 - 2016

Months
 53

Section Four:

Data Analysis

Child 

Pornography

5.1%

(N=8,508) All Other 

Offenders

94.9%

(N=158,263)

Not Convicted 

Under a MM 

Penalty

25.9%

(N=2,203)

Convicted Under 

a MM Penalty

74.1%

(N=6,303)

BOP Population 

as of September 30, 2016

1 The mandatory minimum status of two offenders could not be determined from sentencing documentation.

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafile, USSCBOP. 

Child Pornography Offenders in BOP Population1

as of September 30, 2016

Figure 50. Child Pornography Offenders in Federal Prison

At the End of Fiscal Year 2016

0

1,000

2,000

3,000

4,000

5,000

6,000

7,000

8,000

9,000

Child Pornography Offenders Child Pornography Offenders Convicted of a MM

Figure 51. Number of Child Pornography Offenders in Federal Prison

At the End Fiscal Years 2004 - 2016

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafile, USSCBOP. 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 54
5 Conclusion
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 56

Conclusion

Since the Commission’s 2011 Mandatory 

Minimum Report, offenders convicted of a sex 

offense continued to represent a small portion of 

the federal caseload overall and of cases involving 

a mandatory minimum penalty. However, the 

number of offenders convicted of a sex offense 

generally, and the percentage convicted of a sex 

offense carrying a mandatory minimum penalty, 

both increased since the Commission’s last 

report. Sex offenses increased from 3.2 percent 

(n=2,317) to 4.2 percent (n=2,633) of the federal 

caseload between fiscal years 2010 and 2016. The 

percentage of sexual abuse offenders and child 

pornography offenders convicted of an offense 

carrying a mandatory minimum penalty each also 

increased over the same time period (from 52.6% 

to 63.2%, and from 50.2% to 59.6%, respectively).

At the time that it published the 2011 Mandatory 

Minimum Report, the Commission concluded that 

further study was needed before it could offer 

specific recommendations with respect to sex 

offenses. However, it noted that a preliminary 

review suggested that “the mandatory minimum 

penalties for certain child pornography offenses and 

the resulting guidelines sentencing ranges may be 

excessively severe and as a result are being applied 

inconsistently.”82 

The Commission specifically focused on the 

mandatory minimum penalties for receipt of child 

pornography. It determined that there was little 

difference in the offense seriousness between typical 

receipt cases, which require a five-year mandatory 

minimum penalty, and typical possession cases, 

which require none. In its 2012 Report to the 

Congress: Federal Child Pornography Offenses,

83 

the Commission again concluded that the majority 

of offenders convicted of possession offenses as 

the most serious offense of conviction engaged 

in knowing receipt or distribution conduct. It 

thus expressed concern regarding “unwarranted 

sentencing disparities resulting from inconsistent 

application of the mandatory minimum penalty 

for receipt offenses” and recommended that 

“Congress align the statutory penalties for receipt 

and possession.”84

The Commission’s concern regarding 

mandatory minimum penalties for receipt offenses 

continued to be supported by fiscal year 2016 

data. In fiscal year 2016, the mandatory minimum 

penalty for receipt was inconsistently applied. 

Only 7.9 percent of offenders were charged with 

receipt, compared to 40.4 percent of offenders who 

were charged with possession (and had no prior sex 

offense). And, even though the conduct involved 

in the offenses is not meaningfully distinguishable, 

the sentencing differences were substantial. 

Receipt offenders (without a prior sex offense) were 

sentenced to terms two and a half years longer than 

offenders convicted of possession (without a prior 

sex offense) (85 months compared to 55 months).
Endnotes
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 58

1 U.S. Sentencing Comm’n, Overview of Mandatory Minimum Penalties in the Federal Criminal 

Justice System (July 2017) [hereinafter 2017 Overview Publication], available at https://www.ussc.gov/sites/

default/files/pdf/research-and-publications/research-publications/2017/20170711_Mand-Min.pdf.

2 U.S. Sentencing Comm’n, Mandatory Minimum Penalties for Drug Offenses in the Federal 

Criminal Justice System (Oct. 2017), available at https://www.ussc.gov/sites/default/files/pdf/researchand-publications/research-publications/2017/20171025_Drug-Mand-Min.pdf; U.S. Sentencing Comm’n, 

Mandatory Minimum Penalties for Firearms Offenses in the Federal Criminal Justice System (Mar. 2018) 

[hereinafter 2018 Firearms Publication], available at https://www.ussc.gov/sites/default/files/pdf/research-andpublications/research-publications/2018/20180315_Firearms-Mand-Min.pdf; Application and Impact of 21 

U.S.C. § 851: Enhanced Penalties for Federal Drug Trafficking Offenders (July 2018), available at https://

www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2018/20180712_851-

Mand-Min.pdf; U.S. Sentencing Comm’n, Mandatory Minimum Penalties for Identity Theft Offenders 

in the Federal Criminal Justice System (Sept. 2018), available at https://www.ussc.gov/sites/default/files/

pdf/research-and-publications/research-publications/2018/20180924_ID-Theft-Mand-Min.pdf.

3 U.S. Sentencing Comm’n, 2011 Report to the Congress: Mandatory Minimum Penalties in 

the Federal Criminal Justice System [hereinafter 2011 Mandatory Minimum Report], available at https://

www.ussc.gov/research/congressional-reports/2011-report-congress-mandatory-minimum-penalties-federalcriminal-justice-system.

4 A similar bifurcation of federal sex offenses appears in the Commission’s Sourcebook of Federal 

Sentencing Statistics. See U.S. Sentencing Comm’n, 2016 Sourcebook of Federal Sentencing Statistics 

[hereinafter 2016 Sourcebook] S-14 (Table 3); see also id. at 167–69 (definitions of “sexual abuse” and “child 

pornography” as “primary offense categories”).

5 A similar bifurcation of federal sex offenses appears in the Commission’s Sourcebook of Federal 

Sentencing Statistics. See supra note 4.

6 Offenses involving a failure to register under the Sex Offender Registration and Notification Act are 

sentenced under United States Sentencing Commission, Guidelines Manual, §2A3.5 (Failure to Register as a 

Sex Offender) and §2A3.6 (Aggravated Offenses Relating to Registration as a Sex Offender). 

7 Such obscenity offenses are sentenced under USSG §§2G3.1 (Importing, Mailing, or Transporting 

Obscene Matter; Transferring Obscene Matter to a Minor; Misleading Domain Names) and 2G3.2 (Obscene 

Telephone Communications for a Commercial Purpose; Broadcasting Obscene Material).

8 See, e.g., 18 U.S.C. §§ 1591 (sex trafficking of children or by fraud, force, or coercion), 2251 & 2251A 

(offenses related to production of child pornography).
 59

Endnotes

9 Advertising for the exchange of completed child pornography in violation of section 2251(d)(1)(A) 

also is subject to a 15- year mandatory minimum penalty, but it is punished under USSG §2G2.2 (Trafficking 

in Material Involving the Sexual Exploitation of a Minor; Receiving, Transporting, Shipping, Soliciting, or 

Advertising Material Involving the Sexual Exploitation of a Minor; Possessing Material Involving the Sexual 

Exploitation of a Minor with Intent to Traffic; Possessing Material Involving the Sexual Exploitation of 

a Minor) rather than USSG §2G2.1. See USSG App. A. Conversely, advertising that seeks “participation” 

in the production of child pornography, in violation of section 2251(d)(1)(B), which also is subject to a 15-

year mandatory minimum penalty, is governed by USSG §2G2.1 (Sexually Exploiting a Minor by Production 

of Sexually Explicit Visual or Printed Material; Custodian Permitting Minor to Engage in Sexually Explicit 

Conduct; Advertisement for Minors to Engage in Production). See USSG App. A. The latter is deemed a “sexual 

abuse” offense for purposes of this chapter, while the former is deemed a “child pornography” offense.

If a defendant has a prior federal or state conviction for one of the enumerated sex offenses, the penalty range for 

production or advertising increases to a mandatory minimum term of 25 years and a maximum term of 50 years 

of imprisonment. If a defendant has a prior federal or state conviction for two or more enumerated sex offenses, 

the penalty range for production increases to a mandatory minimum term of 35 years and a maximum term of 

life imprisonment. See 18 U.S.C. §§ 2251(e) & 2260(c)(1).

10 Section 3559(e) is a rarely used statute. Only one offender was sentenced to life imprisonment under 

that statute in fiscal year 2016, the same number as in fiscal year 2010.

11 See, e.g., 18 U.S.C. § 2242 (providing for a fine and/or term of imprisonment of “any term of years 

or for life” for sexual abuse of an adult victim); 18 U.S.C. § 2422(a) (providing for a term of imprisonment of 

“not more than 20 years” for causing an adult to travel in interstate or foreign commerce in order to engage 

in prostitution or other illegal sexual activity). But see 18 U.S.C. § 1591(b)(1) (15-year mandatory minimum 

penalty for sex trafficking by force, fraud, or coercion for victim of any age).

12 The relevant provisions are USSG §§2A3.1 (Criminal Sexual Abuse; Attempt to Commit Criminal 

Sexual Abuse), 2A3.2 (Criminal Sexual Abuse of a Minor Under the Age of Sixteen Years (Statutory Rape) or 

Attempt to Commit Such Acts), 2A3.3 (Criminal Sexual Abuse of a Ward or Attempt to Commit Such Acts), 

2A3.4 (Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact), 2G1.1 (Promoting a Commercial 

Sex Act or Prohibited Sexual Conduct with an Individual Other than a Minor), 2G1.3 (Promoting a Commercial 

Sex Act or Prohibited Sexual Conduct with a Minor; Transportation of Minors to Engage in a Commercial Sex 

Act or Prohibited Sexual Conduct; Travel to Engage in Commercial Sex Act or Prohibited Sexual Conduct with 

a Minor; Sex Trafficking of Children; Use of Interstate Facilities to Transport Information about a Minor), and 

2G2.1 (Sexually Exploiting a Minor by Production of Sexually Explicit Visual or Printed Material; Custodian 

Permitting Minor to Engage in Sexually Explicit Conduct; Advertisement for Minors to Engage in Production).

13 See 18 U.S.C. § 2256(8) (defining “child pornography” as “any visual depiction” of a minor “engaging 

in sexually explicit conduct”). “Sexually explicit conduct” encompasses various sexual conduct, including sexual 

intercourse, oral and anal sex, masturbation, bestiality, and the “lascivious exhibition of the genitals or pubic 

area.” 18 U.S.C. § 2256(2). Federal statutes outlawing obscenity—primarily 18 U.S.C. §§ 1462, 1466, and 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 60

1466A—also prohibit certain acts related to photographic and non-photographic visual representations of minors 

engaged in “sexually explicit conduct.” Such offenses, if they involve the obscene depiction of minors rather 

than adults, are subject to the guidelines’ child pornography provisions rather than the obscenity provisions. See, 

e.g., USSG §2G3.1(c).

14 Sections 2252 and 2252A use not only the term “distribute” but also the term “sell,” thus, broadly 

encompassing any type of transmission of child pornography to another, both electronic and non-electronic 

distribution and both commercial or non-commercial distribution. See, e.g., 18 U.S.C. §§ 2252(a)(2), (a)(3) 

& 2252A(a)(2), (a)(4)(B). In addition, §§ 2252, 2252A and 2260(b) each prohibit the possession of child 

pornography with the intent to distribute it (in different circumstances). See 18 U.S.C. §§ 2252(a)(3)(B), 

2252A(a)(4)(B), & 2260(b). The sentencing guideline provisions related to child pornography use the terms 

“trafficking” and “distribution” interchangeably. See, e.g., USSC §2G2.2(b)(1). This report will use the term 

“distribute” to refer to all types of distribution (as well as possession with the intent to distribute). Cf. 21 U.S.C. 

§ 841(a)(2) (treating distribution of drugs and possession with intent to distribute drugs as equivalents).

15 See 18 U.S.C. §§ 2251(e), 2252(b), 2252A(b), and 2260(c). Section 2252 concerns child pornography 

depicting an actual minor, while section 2252A also captures child pornography depicting a computer-generated 

image “indistinguishable from that of” an actual minor “engaging in sexually explicit conduct” or modified “to 

appear that an identifiable minor is engaging in sexually explicit conduct.” 18 U.S.C. §§ 2252A and 2256(8)(B) 

& (C).

16 See United States v. Holston, 343 F.3d 83, 85–86 (2d Cir. 2003); see also United States v. Williams, 

553 U.S. 285, 296 (2008) (“[I]n much Internet file sharing of child pornography each participant makes his files 

available for free to other participants.”).

17 See, e.g., United States v. Meyers, 355 F.3d 1040, 1042 (7th Cir. 2004).

18 See, e.g., United States v. Ehle, 640 F.3d 689, 698 (6th Cir. 2011).

19 See USSG App. A (referring violations of 18 U.S.C. § 1466A to USSG §2G2.2).

20 18 U.S.C. §§ 2252(b)(1), 2252A(b)(1), 2260(c)(2).

21 18 U.S.C. §§ 2252(b)(1), 2252A(b)(1), 2260(c)(2).

22 18 U.S.C. §§ 2252(b)(2) & 2252A(b)(2).

23 18 U.S.C. §§ 2252(b)(2) & 2252A(b)(2). Such enumerated sex offenses include prior convictions 

for sex trafficking of children, obscenity offenses, sexual abuse of adults or children, and child pornography 

offenses. See 18 U.S.C. § 2252(b)(2).
 61

Endnotes

24 18 U.S.C. § 1466A(a)(2) (providing that violations of this subsection are subject to the penalties at 18 

U.S.C. § 2252A(b)(1)).

25 18 U.S.C. § 1466A(b)(2) (providing that violations of this subsection are subject to the penalties at 18 

U.S.C. § 2252A(b)(2)).

26 18 U.S.C. § 1466A(a)(2) & (b)(2) (providing that violations of these subsections are subject to the 

penalties at 18 U.S.C. § 2252A(b)(1) and (b)(2)).

27 Certain other guidelines contain cross-references to §2G2.2 if relevant conduct in the case included 

possession, transportation, receipt, or distribution of child pornography, including §2G3.1(c) (Importing, Mailing, 

or Transporting Obscene Matter; Transferring Obscene Matter to a Minor; Misleading Domain Names). The 

four offenders sentenced in fiscal year 2016 who cross-referenced from §2G3.1 to §2G2.2 were not included in 

the analyses in this publication.

28 See 2011 Mandatory Minimum Report, supra note 3, at 300 (quoting U.S. Sentencing Comm’n, The 

History of the Child Pornography Guidelines, at 6 (2009). 

29 Id.

30 See 18 U.S.C. § 3553(e) (“Upon motion of the Government, the court shall have the authority to impose 

a sentence below a level established by statute as a minimum sentence so as to reflect a defendant’s substantial 

assistance in the investigation or prosecution of another person who has committed an offense. Such sentence 

shall be imposed in accordance with the guidelines and policy statements issued by the Sentencing Commission 

pursuant to section 994 of title 28, United States Code.”). 

31 See USSG §5K1.1. 

32 See Melendez v. United States, 518 U.S. 120 (1996).

33 2011 Mandatory Minimum Report, supra note 3, at 365–67.

34 Id. at 365.

35 Id.

36 Id. at 366.
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 62

37 U.S. Sentencing Comm’n, Report to the Congress: Federal Child Pornography Offenses

(2012) [hereinafter 2012 Child Pornography Report], available at https://www.ussc.gov/sites/default/files/

pdf/news/congressional-testimony-and-reports/sex-offense-topics/201212-federal-child-pornography-offenses/

Full_Report_to_Congress.pdf.

38 Id. at 147–48.

39 Id. at 147-48, 329. 

40 In fiscal year 2016, the Commission’s datafile included 67,742 cases and, of those cases, the Commission 

received complete guideline application information and sufficient documentation for analysis in the 62,251 

cases considered for this publication. See 2017 Overview Publication, supra note 1, at 28. The methodology 

used in this publication, with respect to records collection and data analysis, is described in detail in the 2017 

Overview Publication, supra note 1, at 28.

41 Id. at 29.

42 2011 Mandatory Minimum Report, supra note 3, at 300.

43 These 1,148 offenders were either convicted of a sexual abuse offense carrying a mandatory minimum 

penalty or were sentenced under a sentencing guideline referenced to sexual abuse offenses. The latter are 

defined as offenders convicted of offenses whose primary guidelines were §§2A3.1, 2A3.2, 2A3.3, 2A3.4, 

2G1.1, 2G1.3, and 2G2.1. Eighty offenders were convicted of production and distribution of child pornography. 

These 80 offenders are included in both the sexual abuse and the child pornography analysis.

44 The Commission used 2004 as the earliest point for the analysis in the publication because statutory 

penalties and relevant guidelines were significantly increased by the Prosecutorial Remedies and Other Tools to 

end the Exploitation of Children Today (“PROTECT”) Act of 2003, Pub. L. No. 108–21, 117 Stat. 650 (2003). 

In the PROTECT Act, Congress directly amended the guidelines by increasing the number of sentencing 

enhancements in the child pornography sentencing guidelines and by limiting sentencing judges’ ability to depart 

below the then mandatory guideline ranges in child pornography cases. The PROTECT Act also created a new 

five-year statutory mandatory minimum penalty for receipt, transportation, and distribution offenses, raised the 

statutory mandatory minimum penalty for production offenses (from ten to 15 years), and raised the statutory 

maximum penalties for all production and non-production offenses. See 2012 Child Pornography Report, 

supra note 37, at 3–6 (discussing impact of the PROTECT Act).

45 Eighty of these offenders were convicted of production and distribution of child pornography. These 

80 offenders are included in both the sexual abuse and the child pornography analysis.

46 Offenders may be convicted under more than one statute. Thus, the total percentage represented in 

Table 1 is greater than 100 percent.
 63

Endnotes

47 The primary sentencing guideline for offenders convicted of a sexual abuse offense carrying a 

mandatory minimum penalty was §2G2.2 (Distribution of Child Pornography) for 80 offenders, §2A1.1 (First 

Degree Murder) for one offender, and §2A4.1 (Kidnapping) for one offender. These offenders are not included 

in Table 2 but are included in all other analysis. 

Additionally, three offenders had a primary guideline of §2G2.6 (Child Exploitation Enterprises). These cases 

are not necessarily sexual abuse in nature and are not included in the analysis for this report. All three of these 

offenders were convicted of a statute carrying a mandatory minimum penalty.

48 A complete distribution by circuit and district is provided in Appendix A.

49 2017 Overview Publication, supra note 1, at 37.

50 See 2011 Mandatory Minimum Report, supra note 3, at 302.

51 Id.

52 18 U.S.C. § 13 (Laws of States adopted for areas within Federal jurisdiction) (“Whoever within or 

upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, or on, 

above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, 

Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made 

punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction 

of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the 

time of such act or omission, shall be guilty of a like offense and subject to a like punishment.”); 18 U.S.C. § 1152 

(Laws governing) (Except as otherwise expressly provided by law, the general laws of the United States as to the 

punishment of offenses committed in any place within the sole and exclusive jurisdiction of the United States, 

except the District of Columbia, shall extend to the Indian country.).

53 Female offenders were most commonly sentenced under §2G1.3 (49.5%), followed by §2G2.1 (23.7%). 

For offenses carrying a mandatory minimum penalty, female offenders were mostly sentenced under §2G2.1 

(50.0%).

54 See 2017 Overview Publication, supra note 1, at 38 & Table 3.

55 U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

56 See id.

57 2017 Overview Publication, supra note 1, at 39.
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 64

58 2011 Mandatory Minimum Report, supra note 3, at 308.

59 The “Other Race (Non-Native American)” category includes offenders of Asian and other origin. For 

sexual abuse offenders in fiscal year 2016, the “Other Race” category consists of 2.0% Asian (n=23) and 0.3% 

other origin (n=3).

60 U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

61 2011 Mandatory Minimum Report, supra note 3, at 309.

62 See 2017 Overview Publication, supra note 1, at 46.

63 2011 Mandatory Minimum Report, supra note 3, at 312.

64 The mandatory minimum status of ten offenders could not be determined from the sentencing 

documentation.

65 For purposes of this publication child pornography offenders were defined as those convicted of offenses 

whose primary sentencing guideline was §§2G2.2 or 2G2.4. While some cases are still sentenced under §2G2.4, 

even following its deletion from the Guidelines Manual in 2004, no cases were sentenced under this guideline in 

fiscal year 2016. 

These offenses were then further categorized by offense type as follows: offenders with a Base Offense Level 

of 18 and no mandatory minimum penalty were classified as “possession (no prior)” offenders; offenders with 

a Base Offense Level of 18 and a mandatory minimum penalty of ten years were classified as “possession 

(prior sex offense)” offenders; offenders with a Base Offense Level of 22 who received the 2-level downward 

adjustment under §2G2.2(b)(1) were classified as “receipt” offenders; and offenders with a Base Offense Level 

of 22 who did not receive the downward adjustment were classified as “distribution” offenders. 

66 Fifty offenders’ primary guideline was cross-referenced from §2G2.2 to §2G2.1 (Production of Child 

Pornography), and four offenders were cross-referenced from §2G3.1 (Transferring Obscene Matter to a Minor) 

to §2G2.2. An additional two offenders were sentenced under the 1997 Guidelines Manual, which had lower 

penalties for these offenses than the current manual. These 56 offenders are excluded from this analysis.

Eighty offenders were sentenced for distribution of child pornography but were also convicted of a sexual abuse 

statute. These offenders are included in this analysis as well as the sexual abuse analysis. 

67 See infra Section 3 for a more detailed description of the federal child pornography statutes and 

penalties.
 65

Endnotes

68 A complete distribution by circuit and district is provided at Appendix B.

69 The “Other Race” category includes offenders of Asian, Native American, and other origin. For child 

pornography offenders in fiscal year 2016, the “Other Race” category consists of 1.3% Asian (n=21), 0.8% 

Native American (n=13), and 0.2% other origin (n=3).

70 There were only five female child pornography offenders (0.3%); two of the five were convicted of a 

child pornography offense carrying a mandatory minimum penalty.

71 See 2017 Overview Publication, supra note 1, at 38 & Table 3.

72 See 2018 Firearms Publication, supra note 2, at 27.

73 See id.

74 2011 Mandatory Minimum Report, supra note 3, at 305.

75 See 2017 Overview Publication, supra note 1, at 39 & Fig. 9.

76 There were no Other Race receipt offenders. See infra Fig. 41.

77 There were only two Other Race possession (prior sex offense) offenders.

78 See infra at 14-15.

79 See 2017 Overview Publication, supra note 1, at 46 & Table 5.

80 See id.

81 The mandatory minimum status of two offenders could not be determined from the sentencing 

documentation. 

82 2011 Mandatory Minimum Report, supra note 3, at 365.

83 2012 Child Pornography Report, supra note 37.

84 2011 Mandatory Minimum Report, supra note 3, at 329.
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 66
Appendix A
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 68

CIRCUIT

District Number Percent Number Percent Number Percent

TOTAL 1,148 100.0 726 100.0 667 100.0

D.C. CIRCUIT 9 0.8 4 0.6 3 0.5

District of Columbia 9 0.8 4 0.6 3 0.5

FIRST CIRCUIT 35 3.1 21 2.9 21 3.2

Maine 6 0.5 3 0.4 3 0.5

Massachusetts 7 0.6 6 0.8 6 0.9

New Hampshire 7 0.6 2 0.3 2 0.3

Puerto Rico 9 0.8 8 1.1 8 1.2

Rhode Island 6 0.5 2 0.3 2 0.3

SECOND CIRCUIT 73 6.4 55 7.6 49 7.4

Connecticut 6 0.5 5 0.7 3 0.5

New York

 Eastern 17 1.5 14 1.9 13 2.0

 Northern 12 1.1 12 1.7 12 1.8

 Southern 8 0.7 5 0.7 5 0.8

 Western 26 2.3 17 2.3 14 2.1

Vermont 4 0.4 2 0.3 2 0.3

THIRD CIRCUIT 38 3.3 35 4.8 34 5.1

Delaware 0 0.0 0 0.0 0 0.0

New Jersey 9 0.8 8 1.1 8 1.2

Pennsylvania

 Eastern 17 1.5 17 2.3 16 2.4

 Middle 7 0.6 6 0.8 6 0.9

 Western 5 0.4 4 0.6 4 0.6

Virgin Islands 0 0.0 0 0.0 0 0.0

FOURTH CIRCUIT 97 8.5 59 8.1 55 8.3

Maryland 13 1.1 9 1.2 7 1.1

North Carolina

 Eastern 9 0.8 4 0.6 4 0.6

 Middle 4 0.4 2 0.3 1 0.2

 Western 8 0.7 6 0.8 6 0.9

South Carolina 10 0.9 1 0.1 1 0.2

Virginia

 Eastern 40 3.5 30 4.1 29 4.4

 Western 6 0.5 3 0.4 3 0.5

West Virginia

 Northern 5 0.4 2 0.3 2 0.3

 Southern 2 0.2 2 0.3 2 0.3

Appendix A continued

Appendix A. Mandatory Minimum Status for Sexual Abuse Offenders in Each Circuit 

and District1

Fiscal Year 2016

Sexual Abuse 

Offenders

Convicted of an 

Offense Carrying a 

Mandatory Minimum 

Penalty

Subject to Mandatory 

Minimum Penalty at 

Sentencing
 69

Appendix

CIRCUIT

District Number Percent Number Percent Number Percent

FIFTH CIRCUIT 140 12.2 92 12.7 87 13.0

Louisiana

 Eastern 13 1.1 7 1.0 5 0.8

 Middle 1 0.1 0 0.0 0 0.0

 Western 5 0.4 4 0.6 3 0.5

Mississippi

 Northern 1 0.1 1 0.1 1 0.2

 Southern 2 0.2 1 0.1 1 0.2

Texas

 Eastern 12 1.1 8 1.1 8 1.2

 Northern 32 2.8 24 3.3 23 3.5

 Southern 50 4.4 31 4.3 30 4.5

 Western 24 2.1 16 2.2 16 2.4

SIXTH CIRCUIT 126 11.0 105 14.5 98 14.7

Kentucky

 Eastern 14 1.2 13 1.8 13 2.0

 Western 14 1.2 11 1.5 10 1.5

Michigan

 Eastern 29 2.5 26 3.6 23 3.5

 Western 13 1.1 9 1.2 8 1.2

Ohio

 Northern 23 2.0 20 2.8 20 3.0

 Southern 12 1.1 7 1.0 7 1.1

Tennessee

 Eastern 14 1.2 13 1.8 11 1.7

 Middle 2 0.2 2 0.3 2 0.3

 Western 5 0.4 4 0.6 4 0.6

SEVENTH CIRCUIT 53 4.6 46 6.3 40 6.0

Illinois

 Central 9 0.8 9 1.2 7 1.1

 Northern 4 0.4 3 0.4 3 0.5

 Southern 8 0.7 7 1.0 7 1.1

Indiana

 Northern 7 0.6 6 0.8 6 0.9

 Southern 16 1.4 16 2.2 14 2.1

Wisconsin

 Eastern 6 0.5 3 0.4 1 0.2

 Western 3 0.3 2 0.3 2 0.3

EIGHTH CIRCUIT 174 15.2 97 13.4 91 13.6

Arkansas

 Eastern 8 0.7 7 1.0 7 1.1

 Western 19 1.7 17 2.3 15 2.3

Iowa

 Northern 0 0.0 0 0.0 0 0.0

 Southern 11 1.0 8 1.1 8 1.2

Minnesota 23 2.0 14 1.9 14 2.1

Missouri

 Eastern 9 0.8 5 0.7 5 0.8

 Western 26 2.3 21 2.9 20 3.0

Nebraska 10 0.9 5 0.7 5 0.8

North Dakota 33 2.9 14 1.9 11 1.7

South Dakota 35 3.1 6 0.8 6 0.9

Sexual Abuse 

Offenders

Convicted of an 

Offense Carrying a 

Mandatory Minimum 

Penalty

Subject to a 

Mandatory Minimum 

Penalty at Sentencing
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 70

CIRCUIT

District Number Percent Number Percent Number Percent

NINTH CIRCUIT 201 17.5 78 10.7 64 9.6

Alaska 3 0.3 3 0.4 3 0.5

Arizona 53 4.6 5 0.7 5 0.8

California

 Central 11 1.0 6 0.8 3 0.5

 Eastern 11 1.0 10 1.4 10 1.5

 Northern 10 0.9 5 0.7 3 0.5

 Southern 40 3.5 14 1.9 10 1.5

Guam 0 0.0 0 0.0 0 0.0

Hawaii 2 0.2 1 0.1 1 0.2

Idaho 3 0.3 1 0.1 1 0.2

Montana 14 1.2 2 0.3 2 0.3

Nevada 10 0.9 4 0.6 3 0.5

Northern Mariana Islands 1 0.1 1 0.1 1 0.2

Oregon 11 1.0 8 1.1 5 0.8

Washington

 Eastern 14 1.2 8 1.1 7 1.1

 Western 18 1.6 10 1.4 10 1.5

TENTH CIRCUIT 67 5.8 35 4.8 34 5.1

Colorado 11 1.0 7 1.0 7 1.1

Kansas 8 0.7 6 0.8 6 0.9

New Mexico 16 1.4 3 0.4 3 0.5

Oklahoma

 Eastern 0 0.0 0 0.0 0 0.0

 Northern 8 0.7 6 0.8 5 0.8

 Western 6 0.5 2 0.3 2 0.3

Utah 10 0.9 7 1.0 7 1.1

Wyoming 8 0.7 4 0.6 4 0.6

ELEVENTH CIRCUIT 135 11.8 99 13.6 91 13.6

Alabama

 Middle 3 0.3 0 0.0 0 0.0

 Northern 8 0.7 6 0.8 6 0.9

 Southern 3 0.3 1 0.1 1 0.2

Florida

 Middle 40 3.5 38 5.2 34 5.1

 Northern 22 1.9 14 1.9 13 2.0

 Southern 27 2.4 23 3.2 22 3.3

Georgia

 Middle 12 1.1 3 0.4 3 0.5

 Northern 14 1.2 12 1.7 10 1.5

 Southern 6 0.5 2 0.3 2 0.3

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16. 

1 Of the 67,742 cases sentenced in fiscal year 2016, the Commission received complete guideline information in 61,958 cases. The Commission 

did not receive complete guideline information for another 287 cases in which the only statute of conviction was 18 U.S.C. § 924(c) and 111 

cases in which an offender was sentenced under 18 U.S.C. § 1028A and the guidelines were not applied, but these cases are included in the 

analysis. Of the remaining 63,357 cases, 105 were excluded due to missing statutory information.

Sexual Abuse 

Offenders

Convicted of an 

Offense Carrying a 

Mandatory Minimum 

Subject to a 

Mandatory Minimum 

Penalty at Sentencing
Appendix B
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 72

CIRCUIT

District Number Percent Number Percent Number Percent

TOTAL 1,565 100.0 932 100.0 911 100.0

D.C. CIRCUIT 6 0.4 1 0.1 0 0.0

District of Columbia 6 0.4 1 0.1 0 0.0

FIRST CIRCUIT 59 3.8 18 1.9 18 2.0

Maine 11 0.7 5 0.5 5 0.6

Massachusetts 17 1.1 10 1.1 10 1.1

New Hampshire 12 0.8 0 0.0 0 0.0

Puerto Rico 18 1.2 3 0.3 3 0.3

Rhode Island 1 0.1 0 0.0 0 0.0

SECOND CIRCUIT 71 4.5 36 3.9 35 3.8

Connecticut 1 0.1 1 0.1 0 0.0

New York

 Eastern 23 1.5 11 1.2 11 1.2

 Northern 13 0.8 13 1.4 13 1.4

 Southern 15 1.0 6 0.6 6 0.7

 Western 16 1.0 5 0.5 5 0.6

Vermont 3 0.2 0 0.0 0 0.0

THIRD CIRCUIT 72 4.6 36 3.9 35 3.8

Delaware 2 0.1 2 0.2 2 0.2

New Jersey 14 0.9 7 0.8 7 0.8

Pennsylvania

 Eastern 31 2.0 15 1.6 15 1.7

 Middle 5 0.3 3 0.3 2 0.2

 Western 19 1.2 9 1.0 9 1.0

Virgin Islands 1 0.1 0 0.0 0 0.0

FOURTH CIRCUIT 148 9.5 99 10.6 99 10.9

Maryland 21 1.3 19 2.0 19 2.1

North Carolina

 Eastern 24 1.5 23 2.5 23 2.5

 Middle 17 1.1 10 1.1 10 1.1

 Western 22 1.4 15 1.6 15 1.7

South Carolina 13 0.8 4 0.4 4 0.4

Virginia

 Eastern 35 2.2 22 2.4 22 2.4

 Western 4 0.3 4 0.4 4 0.4

West Virginia

 Northern 6 0.4 2 0.2 2 0.2

 Southern 6 0.4 0 0.0 0 0.0

Appendix B. Mandatory Minimum Status for Child Pornography Offenders in Each 

Circuit and District1

Fiscal Year 2016

Child Pornography 

Offenders

Convicted of an 

Offense Carrying a 

Mandatory Minimum 

Penalty

Subject to Mandatory 

Minimum Penalty at 

Sentencing
 73

Appendix

CIRCUIT

District Number Percent Number Percent Number Percent

FIFTH CIRCUIT 225 14.4 116 12.5 112 12.3

Louisiana

 Eastern 10 0.6 8 0.9 8 0.9

 Middle 6 0.4 5 0.5 5 0.6

 Western 7 0.5 4 0.4 4 0.4

Mississippi

 Northern 8 0.5 3 0.3 3 0.3

 Southern 4 0.3 1 0.1 1 0.1

Texas

 Eastern 44 2.8 7 0.8 6 0.7

 Northern 48 3.1 33 3.5 32 3.5

 Southern 43 2.8 27 2.9 27 3.0

 Western 55 3.5 28 3.0 26 2.9

SIXTH CIRCUIT 177 11.3 137 14.7 135 14.8

Kentucky

 Eastern 18 1.2 18 1.9 18 2.0

 Western 12 0.8 10 1.1 9 1.0

Michigan

 Eastern 40 2.6 31 3.3 31 3.4

 Western 11 0.7 11 1.2 11 1.2

Ohio

 Northern 43 2.8 41 4.4 41 4.5

 Southern 17 1.1 6 0.6 6 0.7

Tennessee

 Eastern 24 1.5 13 1.4 12 1.3

 Middle 5 0.3 2 0.2 2 0.2

 Western 7 0.5 5 0.5 5 0.6

SEVENTH CIRCUIT 78 5.0 54 5.8 51 5.6

Illinois

 Central 21 1.3 18 1.9 16 1.8

 Northern 3 0.2 2 0.2 2 0.2

 Southern 12 0.8 6 0.6 6 0.7

Indiana

 Northern 6 0.4 4 0.4 4 0.4

 Southern 20 1.3 14 1.5 13 1.4

Wisconsin

 Eastern 7 0.5 5 0.5 5 0.6

 Western 9 0.6 5 0.5 5 0.6

EIGHTH CIRCUIT 232 14.8 146 15.7 145 15.9

Arkansas

 Eastern 10 0.6 2 0.2 2 0.2

 Western 16 1.0 8 0.9 8 0.9

Iowa

 Northern 11 0.7 7 0.8 7 0.8

 Southern 23 1.5 12 1.3 12 1.3

Minnesota 32 2.0 31 3.3 31 3.4

Missouri

 Eastern 46 2.9 22 2.4 22 2.4

 Western 40 2.6 31 3.3 30 3.3

Nebraska 29 1.9 16 1.7 16 1.8

North Dakota 20 1.3 14 1.5 14 1.5

South Dakota 5 0.3 3 0.3 3 0.3

Child Pornography 

Offenders

Convicted of an 

Offense Carrying a 

Mandatory Minimum 

Penalty

Subject to a 

Mandatory Minimum 

Penalty at Sentencing
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Sex Offenses (2019)

 74

CIRCUIT

District Number Percent Number Percent Number Percent

NINTH CIRCUIT 237 15.1 125 13.4 118 13.0

Alaska 10 0.6 5 0.5 3 0.3

Arizona 19 1.2 3 0.3 2 0.2

California

 Central 26 1.7 10 1.1 9 1.0

 Eastern 23 1.5 17 1.8 15 1.7

 Northern 13 0.8 4 0.4 4 0.4

 Southern 38 2.4 17 1.8 17 1.9

Guam 0 0.0 0 0.0 0 0.0

Hawaii 4 0.3 1 0.1 1 0.1

Idaho 5 0.3 3 0.3 2 0.2

Montana 10 0.6 4 0.4 4 0.4

Nevada 28 1.8 18 1.9 18 2.0

Northern Mariana Islands 1 0.1 0 0.0 0 0.0

Oregon 22 1.4 14 1.5 14 1.5

Washington

 Eastern 15 1.0 12 1.3 12 1.3

 Western 23 1.5 17 1.8 17 1.9

TENTH CIRCUIT 81 5.2 41 4.4 41 4.5

Colorado 4 0.3 2 0.2 2 0.2

Kansas 14 0.9 11 1.2 11 1.2

New Mexico 8 0.5 5 0.5 5 0.6

Oklahoma

 Eastern 2 0.1 0 0.0 0 0.0

 Northern 7 0.5 2 0.2 2 0.2

 Western 8 0.5 3 0.3 3 0.3

Utah 27 1.7 16 1.7 16 1.8

Wyoming 11 0.7 2 0.2 2 0.2

ELEVENTH CIRCUIT 179 11.4 123 13.2 122 13.4

Alabama

 Middle 4 0.3 4 0.4 4 0.4

 Northern 14 0.9 11 1.2 11 1.2

 Southern 3 0.2 2 0.2 2 0.2

Florida

 Middle 70 4.5 57 6.1 56 6.2

 Northern 9 0.6 9 1.0 9 1.0

 Southern 46 2.9 31 3.3 31 3.4

Georgia

 Middle 7 0.5 1 0.1 1 0.1

 Northern 19 1.2 8 0.9 8 0.9

 Southern 7 0.5 0 0.0 0 0.0

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16. 

1 Of the 67,742 cases sentenced in fiscal year 2016, the Commission received complete guideline information in 61,958 cases. The Commission 

did not receive complete guideline information for another 287 cases in which the only statute of conviction was 18 U.S.C. § 924(c) and 111 

cases in which an offender was sentenced under 18 U.S.C. § 1028A and the guidelines were not applied, but these cases are included in the 

analysis. Of the remaining 63,357 cases, 105 were excluded due to missing statutory information.

Child Pornography 

Offenders

Convicted of an 

Offense Carrying a 

Mandatory Minimum 

Subject to a 

Mandatory Minimum 

Penalty at Sentencing