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Aaron Swartz’s potential prison sentence in context

16 Jan 2013

A lot of reports about Aaron’s criminal case have centered around reports that the maximum sentence for his alleged crimes was 50 years (in the superceding indictment). It’s also been reported that the prosecutor was actually going to seek 7 years if he went to trial, and that he would likely get close to that because the judge in the case was known to be a harsh sentencer.

I wanted to compare that possible sentence—84 months—with other sentences. The last year that statistics are available for is 2011. Many federal offenses weren’t tried at all in the District of Massachusetts that year, so I looked at national medians (Table 7).

84 months would be more than the median sentences for these offenses:

Offense Length of imprisonment
Manslaughter 39 months
Assault 30 months
Robbery 65 months
Arson 60 months
Drug trafficking 60 months
Forgery/counterfeiting 18 months
Racketeering/extortion 60 months
Arson 60 months
Firearms 60 months

A sentence of 84 months would have been less than or equal to the median for these offenses:

Offense Length of imprisonment
Murder 210 months
Kidnapping/hostage taking 188 months
Sexual abuse 108 months
Child pornography 84 months

There you have it. According to the government, Aaron’s crimes justified a punishment as severe as that typical for child pornography, and less than murder, kidnapping or sexual abuse, but more severe than for arson, drug trafficking, manslaughter and firearms offenses.

Update: Tim Lee says the judge might have sentenced him to 10 years, or 120 months.