The following is a copy of the Federal Sentencing Guidelines. This section covers the willful violation of migrant and seasonal agricultural workers.

§2H4.2. Willful Violations of the Migrant and Seasonal Agricultural Worker Protection Act

(a)Base Offense Level: 6

(b)Specific Offense Characteristics

(1)If the offense involved (A) serious bodily injury, increase by 4 levels; or (B) bodily injury, increase by 2 levels.

(2)If the defendant committed any part of the instant offense subsequent to sustaining a civil or administrative adjudication for similar misconduct, increase by 2 levels.

Commentary

Statutory Provisions: 29 U.S.C. § 1851.

Application Notes:

1.Definitions.—For purposes of subsection (b)(1), "bodily injury" and "serious bodily injury" have the meaning given those terms in Application Note 1 of the Commentary to §1B1.1 (Application Instructions).:

2.Application of Subsection (b)(2).—Section 1851 of title 29, United States Code, covers a wide range of conduct. Accordingly, the enhancement in subsection (b)(2) applies only if the instant offense is similar to previous misconduct that resulted in a civil or administrative adjudication
under the provisions of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. § 1801 et. seq.).

Historical Note: Effective May 1, 2001 (see Appendix C, amendment 612). Amended effective November 1, 2001 (see Appendix C, amendment 627); November 1, 2010 (see Appendix C, amendment 746).

(EFFECTIVE November 1, 2010)

United States Sentencing Commission