Public Safety

Threat to Public Health and Safety, Injury to Person

Note: This information about Threat to Public Health and Safety, Injury to Person is based on an United States Sentencing Commission report to the Congress on penalties for cyber security offenses. In this case, the content of this section deals with the implementation of the Homeland Security Act Directive in relation to Threat to Public Health and Safety, Injury to Person. The guidelines address those relatively rare but significant cases in which a computer offense creates a threat to public health or safety, or injury to a person. Section 2B1. 1(b)(11) provides a two level increase, with a minimum offense level of 14, for an offense that involved “the conscious or reckless risk of death or serious bodily injury. ” In addition, Application Note 17(A)(ii) (to be redesignated Application Note 18(A)(ii)) provides that an upward departure may be warranted if an offense caused or risked substantial non-monetary harm, including physical harm. The proposed amendment has further addressed the issue of bodily harm by expanding the upward departure provision to account for computer cases that result in death. It now provides that “[a]n upward departure would be warranted, for example, in an 18 U. S. C. § 1030 offense involving damage to a protected computer, if, as a result of that offense, death resulted. ” §2B1. 1 comment. (n. 18(A)(ii)). Finally, cases involving threats to public health and safety or injury may be related to attacks on the critical infrastructure or terrorism. The significant enhancements applicable to such offenses, see §2B1. 1(b)(13)(A)(iii) and §3A1. 4, account for such threats.