Disqualifying Offenses

A list of offenses that would disqualify offenders from earning time credits.

Under the First Step Act (FSA), an inmate is ineligible to receive time credits if they are serving a sentence for a conviction under certain provisions of law. We provide those items below in a user-friendly table for quick reference. However, when making a determination of time-credit eligibility the official source (FSA Law, Section 101, Subsection 3632(d)(4)(D) Ineligible Prisoners) should always be referenced.

U.S. Code; Title 8: Aliens and Nationality

Chapter Section Violation Summary
Chapter 12 Section 1326 Section 276(a) of the Immigration and Nationality Act (8 U.S.C. 1326), relating to the reentry of a removed alien, but only if the alien is described in paragraph (1) or (2) of subsection (b) of that section.
Chapter 12 Section 1327 Section 277 of the Immigration and Nationality Act (8 U.S.C. 1327), relating to aiding or assisting certain aliens to enter the United States.
Chapter 12 Section 1328 Section 278 of the Immigration and Nationality Act (8 U.S.C. 1328), relating to the importation of an alien into the United States for an immoral purpose.

U.S. Code; Title 18: Crimes and Criminal Procedure

Chapter Section Violation Summary
Chapter 2 Section 32 Relating to destruction of aircraft or aircraft facilities.
Chapter 2 Section 33 Relating to destruction of motor vehicles or motor vehicle facilities.
Chapter 2 Section 36 Relating to drive-by shootings.
Chapter 5 Section 81 Relating to arson within special maritime and territorial jurisdiction.
Chapter 7 Section 111(b) Relating to assaulting, resisting, or impeding certain officers or employees using a deadly or dangerous weapon or inflicting bodily injury.
Chapter 7 Section 113(a) Paragraph (1), (7), or (8) - Relating to assault with intent to commit murder, assault resulting in substantial bodily injury to a spouse or intimate partner, a dating partner, or an individual who has not attained the age of 16 years, or assault of a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate.
Chapter 7 Section 115 Relating to influencing, impeding, or retaliating against a Federal official by injuring a family member, except for a threat made in violation of that section.
Chapter 7 Section 116 Relating to female genital mutilation.
Chapter 7 Section 117 Relating to domestic assault by a habitual offender.
Chapter 10 All sections Any section of chapter 10 relating to biological weapons.
Chapter 11B All sections Any section of chapter 11B, relating to chemical weapons.
Chapter 18 Section 351 Relating to Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault.
Chapter 26 Section 521 Relating to criminal street gangs.
Chapter 35 Section 751 Relating to prisoners in custody of an institution or officer.
Chapter 37 Section 793 Relating to gathering, transmitting, or losing defense information.
Chapter 37 Section 794 Relating to gathering or delivering defense information to aid a foreign government.
Chapter 39 Most sections Any section of chapter 39, relating to explosives and other dangerous articles, except for section 836 (relating to the transportation of fireworks into a State prohibiting sale or use).
Chapter 40 Section 842(p) Relating to distribution of information relating to explosives, destructive devices, and weapons of mass destruction, but only if the conviction involved a weapon of mass destruction (as defined in section 2332a(c)).
Chapter 40 Section 844 Subsection (f)(3), (h), or (i), relating to the use of fire or an explosive.
Chapter 41 Section 871 Relating to threats against the President and successors to the Presidency.
Chapter 41 Section 879 Relating to threats against former Presidents and certain other persons.
Chapter 44 Section 924(c) Relating to unlawful possession.
Chapter 47 Section 1030(a)(1) Relating to fraud and related activity in connection with computers.
Chapter 50A Section 1091 Relating to genocide.
Chapter 51 Most Sections Any section of chapter 51, relating to homicide, except for:
  • Section 1112 (relating to manslaughter),
  • Section 1113 (relating to attempt to commit murder or manslaughter, but only if the conviction was for an attempt to commit manslaughter),
  • Section 1115 (relating to misconduct or neglect of ship officers), or
  • Section 1122 (relating to protection against the human immunodeficiency virus).
Chapter 55 All sections Any section of chapter 55, relating to kidnapping.
Chapter 77 All sections Any offense under chapter 77, relating to peonage, slavery, and trafficking in persons, except for sections 1593 through 1596.
Chapter 84 Section 1751 Relating to Presidential and Presidential staff assassination, kidnapping, and assault.
Chapter 87 Section 1791 Relating to providing or possessing contraband in prison.
Chapter 87 Section 1792 Relating to mutiny and riots.
Chapter 90A Section 1841(a)(2)(C) Relating to intentionally killing or attempting to kill an unborn child.
Chapter 97 Section 1992 Relating to terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air.
Chapter 97 Section 1992 Relating to terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air.
Chapter 103 Section 2113(e) Relating to bank robbery resulting in death.
Chapter 103 Section 2118(c) Relating to robberies and burglaries involving controlled substances resulting in assault, putting in jeopardy the life of any person by the use of a dangerous weapon or device, or death.
Chapter 103 Section 2119 Relating to taking a motor vehicle (commonly referred to as 'carjacking').
Chapter 105 Most sections Any section of chapter 105, relating to sabotage, except for section 2152.
Chapter 109A All sections Any section of chapter 109A, relating to sexual abuse.
Chapter 109B Section 2250 Relating to failure to register as a sex offender.
Chapter 110 Section 2251 Relating to the sexual exploitation of children.
Chapter 110 Section 2251A Relating to the selling or buying of children.
Chapter 110 Section 2252 Relating to certain activities relating to material involving the sexual exploitation of minors.
Chapter 110 Section 2252A Relating to certain activities involving material constituting or containing child pornography.
Chapter 110 Section 2260 Relating to the production of sexually explicit depictions of a minor for importation into the United States.
Chapter 111 Section 2283 Relating to the transportation of explosive, biological, chemical, or radioactive or nuclear materials.
Chapter 111 Section 2284 Relating to the transportation of terrorists.
Chapter 111A Section 2291 Relating to the destruction of a vessel or maritime facility, but only if the conduct that led to the conviction involved a substantial risk of death or serious bodily injury.
Chapter 113B All sections Any section of chapter 113B, relating to terrorism.
Chapter 113C Section 2340A Relating to torture.
Chapter 115 Section 2381 Relating to treason.
Chapter 118 Section 2442 Relating to the recruitment or use of child soldiers.
Chapter 227 Section 3559(c)(2)(F) An offense described in section 3559(c)(2)(F), for which the offender:
  • was sentenced to a term of imprisonment of more than 1 year,
  • has a previous conviction, for which the offender served a term of imprisonment of more than 1 year, and
  • committed a Federal or State offense, by whatever designation and wherever committed, consisting of:
    • murder (as described in section 1111),
    • voluntary manslaughter (as described in section 1112),
    • assault with intent to commit murder (as described in section 113(a)),
    • aggravated sexual abuse and sexual abuse (as described in sections 2241 and 2242),
    • abusive sexual contact (as described in sections 2244(a)(1) and (a)(2)),
    • kidnapping (as described in chapter 55),
    • carjacking (as described in section 2119),
    • arson (as described in section 844(f)(3), (h), or (i)),
    • or terrorism (as described in chapter 113B).

U.S. Code; Title 21: Food and Drugs

Chapter Section Violation Summary
Chapter 13 Multiple Sections

Subparagraph (A)(i) or (B)(i) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1)(A) or (2)(A) of section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, dispense, or knowingly importing or exporting, a mixture or substance containing a detectable amount of heroin if the sentencing court finds that the offender was an organizer, leader, manager, or supervisor of others in the offense, as determined under the guidelines promulgated by the United States Sentencing Commission.

Subparagraph (A)(vi) or (B)(vi) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1)(F) or (2)(F) of section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, or any analogue thereof.

Subparagraph (A)(viii) or (B)(viii) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1)(H) or (2)(H) of section 1010(b) the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, or knowingly importing or exporting, a mixture of substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, if the sentencing court finds that the offender was an organizer, leader, manager, or supervisor of others in the offense, as determined under the guidelines promulgated by the United States Sentencing Commission.

Subparagraph (A) or (B) of section 401(b)( of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1)(H) or (2)(H) of section 1010(b) the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, or knowingly importing or exporting, a mixture of substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, if the sentencing court finds that the offender was an organizer, leader, manager, or supervisor of others in the offense, as determined under the guidelines promulgated by the United States Sentencing Commission.

Subparagraph (A) or (B) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1) or (2) of section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, a controlled substance, or knowingly importing or exporting a controlled substance, if the sentencing court finds that—"(I) the offense involved a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, or any analogue thereof; and "(II) the offender was an organizer, leader, manager, or supervisor of others in the offense, as determined under the guidelines promulgated by the United States Sentencing Commission.

Chapter 21 Section 841 Section 401(a) of the Controlled Substances Act (21 U.S.C. 841), relating to manufacturing or distributing a controlled substance in the case of a conviction for an offense described in subparagraph (A), (B), or (C) of subsection (b)(1) of that section for which death or serious bodily injury resulted from the use of such substance.

U.S. Code; Title 42: The Public Health and Welfare

Chapter Section Violation Summary
Chapter 23 Section 2077(b) Section 57(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)), relating to the engagement or participation in the development or production of special nuclear material.
Chapter 23 Section 2122 Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122), relating to prohibitions governing atomic weapons.
Chapter 23 Section 2131 Section 101 of the Atomic Energy Act of 1954 (42 U.S.C. 2131), relating to the atomic energy license requirement.
Chapter 23 Section 2274, 2275 Section 224 or 225 of the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275), relating to the communication or receipt of restricted data.
Chapter 23 Section 2284 Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), relating to the sabotage of nuclear facilities or fuel.

U.S. Code; Title 49: Transportation

Chapter Section Violation Summary
Chapter 601 Section 60123(b) Section 60123(b) of title 49, relating to damaging or destroying a pipeline facility, but only if the conduct which led to the conviction involved a substantial risk of death or serious bodily injury.

U.S. Code; Title 50: War and National Defense

Chapter Section Violation Summary
Chapter 35 Section 1705 Section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705).
Chapter 56 Section 4611 Any section of the Export Administration Act of 1979 (50 U.S.C. 4611 et seq.)
Chapter 44 Section 3121 Section 601 of the National Security Act of 1947 (50 U.S.C. 3121), relating to the protection of identities of certain United States undercover intelligence officers, agents, informants, and sources.