Starting level and typical ranges
These ranges use the starting level alone, before any of the facts listed below, for someone with no criminal record unless the column says otherwise. Most real cases add levels.
| Starting point | Level | Trial | Guilty plea | Plea + zero-point | Category IV, plea |
|---|---|---|---|---|---|
| Any other covered charge (not §1591(b)(1)) | 14 | 15–21 months | 10–16 months | n/a | 21–27 months |
| Convicted of sex trafficking under 18 U.S.C. §1591(b)(1) | 34 | 151–188 months | 108–135 months | n/a | 151–188 months |
The 2-level zero-point reduction is not available for this kind of offense (§4C1.1).
What changes the sentence
Each of these facts moves the offense level under §2G1.1. Adjustments that apply to every offense, such as role in the offense, obstruction, a guilty plea and criminal history, come after these.
| Fact | Effect | Rule |
|---|---|---|
| Did the offense involve fraud or coercion, or is the conviction under 18 U.S.C. §2421A(b)(2): Yes, the offense involved fraud or coercion | +4 | §2G1.1(b)(1) |
| Did the offense involve fraud or coercion, or is the conviction under 18 U.S.C. §2421A(b)(2): Yes, the conviction is under 18 U.S.C. §2421A(b)(2) | +4 | §2G1.1(b)(1) |
Important details
- Sex trafficking by force, fraud or coercion under 18 U.S.C. §1591 carries a mandatory minimum of 15 years in prison. The calculator applies this minimum to the result (where it asks which conviction, only when the matching one is selected), but not longer terms that depend on prior convictions or on a death. When a minimum is higher than the guideline range, the statute controls, unless the government files a motion for substantial assistance (18 U.S.C. §3553(e)).
- If the offense involved engaging in, or causing another person to engage in, a sexual act brought about by force, threats of death, serious bodily injury or kidnapping, making the victim unconscious or giving the victim a drug or intoxicant by force or without the victim's knowledge or permission so that the victim's ability to understand or control conduct was substantially impaired, or a sexual act brought about by other threats or fear, or a sexual act with a victim who could not understand the nature of the act or was physically unable to decline or to communicate unwillingness, the criminal sexual abuse guideline (§2A3.1) applies instead (§2G1.1(c)(1)).
- If there was more than one victim, each victim is treated as a separate count of conviction, which can raise the final level (§2G1.1(d)(1)).
- A person can count as a victim whether or not the person consented. An undercover officer can count as a victim.
- If the victim was a minor, §2G1.3 applies instead of this guideline.
Frequently asked questions
What is the base offense level for promoting commercial sex (adult)?
The guideline for promoting commercial sex (adult) is §2G1.1 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 14 to level 34. The table on this page lists each starting point.
What is the guideline range for promoting commercial sex (adult) with no criminal history points and a guilty plea?
Using the first starting point in the table on this page (level 14) alone, a person with no criminal history points who pleads guilty scores 10–16 months (10 months to 1 year, 4 months). Sex trafficking under 18 U.S.C. §1591(b)(1) carries a 15-year mandatory minimum, which controls when it is higher than the range. The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range, but not below a mandatory minimum that applies.
Is probation possible for promoting commercial sex (adult)?
Only in part. At the first starting point in the table with a guilty plea the range is in Zone C: at least half of the minimum must be served in prison, and the rest can be home detention or community confinement.
Is the calculator accurate for promoting commercial sex (adult)?
It follows §2G1.1 of the Guidelines Manual effective November 1, 2025. It passed 5 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.
Related offenses
- Sex Trafficking or Enticement of a MinorEnticed, transported or trafficked a minor for illegal sexual conductVerified
- Production of Child Sexual Abuse MaterialUsed a minor to produce sexually explicit materialVerified
- Possession, Receipt or Distribution of Child Sexual Abuse MaterialHad, received or distributed material sexually exploiting a minorVerified
- Selling or Buying Children for ExploitationSold or bought a child for use in producing sexually explicit materialVerified
- Sexually Explicit Material RecordkeepingBroke record or labeling rules for sexually explicit materialVerified
- Child Exploitation EnterpriseTook part in a child exploitation enterpriseVerified
- Obscenity OffensesMailed, imported, transported or sold obscene materialVerified
- Obscene Phone Services and BroadcastsRan a commercial obscene phone service or broadcast obscene materialVerified