[FedCom] IMPORTANT BAD NEWS - Homeland Security bill includes HR3482
Harry Marnell
[email protected]
Fri, 15 Nov 2002 15:36:36 -0800
Everyone seems to agree about the harshness of the potential sentences, but
there is some possible mitigation up at the top, in Section 101 (b) (2)
< I've snipped some stuff here...>:
(b) REQUIREMENTS- In carrying out this section, the Sentencing Commission
shall--
(2) consider the following factors and the extent to which the guidelines
may or may not account for them--
(A) the potential and actual loss resulting from the offense; yadda
yadda
(C) whether the offense was committed for purposes of commercial
advantage or private financial benefit;
(D) whether the defendant acted with malicious intent to cause harm in
committing the offense;
(G) whether the violation was intended to or had the effect of
significantly interfering with or disrupting a critical infrastructure; and
(H) whether the violation was intended to or had the effect of creating
a threat to public health or safety, or injury to any person;
etc etc Still a chillingly dreadful way to run a "free" country.
Harry