Starting level and typical ranges
These ranges use the starting level alone, before any adjustments, 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 |
|---|---|---|---|---|---|
| Selling or buying a child for production of sexually explicit material, the starting point | 38 | 235–293 months | 168–210 months | n/a | 235–293 months |
The 2-level zero-point reduction is not available for this kind of offense (§4C1.1).
Important details
- A conviction under 18 U.S.C. §2251A carries a mandatory minimum sentence of 30 years in prison.
Frequently asked questions
What is the base offense level for selling or buying children for exploitation?
The guideline for selling or buying children for exploitation is §2G2.3 of the federal Sentencing Guidelines. Its starting level is 38, before any adjustments.
What is the guideline range for selling or buying children for exploitation with no criminal history points and a guilty plea?
Using the starting level alone, a person with no criminal history points who pleads guilty scores 168–210 months (14 years to 17 years, 6 months). But a conviction under 18 U.S.C. §2251A carries a 30-year mandatory minimum. That is higher than this range, so the guideline sentence becomes 360 months (30 years). Adjustments such as role in the offense or obstruction can change the level, and the judge can sentence outside the range, but not below a mandatory minimum that applies.
Is probation possible for selling or buying children for exploitation?
Not under the guidelines. Even at the starting level with a guilty plea the range is in Zone D, where the minimum must be served in prison. A judge may vary below the range, but not below a mandatory minimum that applies.
Is the calculator accurate for selling or buying children for exploitation?
It follows §2G2.3 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
- 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
- Criminal Sexual AbuseCommitted or attempted criminal sexual abuseVerified
- Sexual Abuse of a Minor (Statutory Rape)Committed a sexual act with a minor aged 12 to 15, or attempted toVerified
- Sexual Abuse of a Ward or Person in CustodyCommitted a sexual act with a person held in official custodyVerified
- Abusive Sexual ContactHad abusive sexual contact with someone, or attempted toVerified