Nuclear, Biological and Chemical Weapons Sentence Calculator

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
Which best describes the offense: None of the other descriptions fit	28	78–97 months	57–71 months	46–57 months	84–105 months
Which best describes the offense: Done with intent to injure the United States, or to aid a foreign nation or a foreign terrorist organization	42	360 months to life	262–327 months	210–262 months	360 months to life
Which best describes the offense: Convicted under 18 U.S.C. §175b	22	41–51 months	30–37 months	24–30 months	46–57 months
Which best describes the offense: Convicted under 18 U.S.C. §175(b)	20	33–41 months	24–30 months	18–24 months	37–46 months
Which best describes the offense: Only a threat, with no conduct showing intent or ability to carry it out	20	33–41 months	24–30 months	18–24 months	37–46 months

What changes the sentence

Each of these facts moves the offense level under §2M6.1. 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, or threaten the use of, an especially dangerous listed material: Yes	+2	§2M6.1(b)(1)
Was any victim hurt: Serious bodily injury	+2	§2M6.1(b)(2)
Was any victim hurt: Between serious and permanent or life-threatening injury	+3	§2M6.1(b)(2)
Was any victim hurt: A victim died, or had permanent or life-threatening injury	+4	§2M6.1(b)(2)
Did the offense cause major disruption or a costly response: Yes	+4	§2M6.1(b)(3)

Important details

If someone died, the murder guidelines apply instead if they give a higher level: first-degree murder if the death was caused intentionally or knowingly, otherwise second-degree murder (§2M6.1(c)(1)).
If the offense amounted to attempted murder, the attempted murder guideline applies if it gives a higher level (§2M6.1(c)(2)).
If a single count involved the death or the permanent, life-threatening or serious bodily injury of more than one victim, or the attempted murder of more than one victim, the multiple-count rules apply as if each victim had a separate count. This holds even when a cross reference above sets the level (§2M6.1(d)(1) and note 3).
The calculator does not apply mandatory minimum sentences set by statute for this offense. If the statute of conviction requires one and it is higher than the range shown, the minimum controls; check the statute or ask a lawyer.
Calculator limits: Special instruction treating each victim as a separate count (§2M6.1(d)(1)).

Frequently asked questions

What is the base offense level for nuclear, biological and chemical weapons offenses?

The guideline for nuclear, biological and chemical weapons offenses is §2M6.1 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 20 to level 42. The table on this page lists each starting point.

What is the guideline range for nuclear, biological and chemical weapons offenses with no criminal history points and a guilty plea?

Using the first starting point in the table on this page (level 28) alone, a person with no criminal history points who pleads guilty scores 46–57 months (3 years, 10 months to 4 years, 9 months), including the 2-level zero-point reduction. The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range.

Is probation possible for nuclear, biological and chemical weapons offenses?

Not under the guidelines. Even at the first starting point in the table with a guilty plea and the zero-point reduction the range is in Zone D, where the minimum must be served in prison, though a judge may vary below it.

Is the calculator accurate for nuclear, biological and chemical weapons offenses?

It follows §2M6.1 of the Guidelines Manual effective November 1, 2025. It passed 6 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.