reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-2 - Part 2 Included Felonies (777.11...777.19) › Section 777.16z - MCL 750.535(2) to 750.535b; Felonies to Which Chapter Applicable.

777.16z MCL 750.535(2) to 750.535b; felonies to which chapter applicable.
Sec. 16z.
This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.
Category
Class
Description
Stat Max
750.535(2)
Property
D
Receiving or concealing stolen property having a value of $20,000 or more or with prior convictions
10
750.535(3)
Property
E
Receiving or concealing stolen property having a value of $1,000 to $20,000 or with prior convictions
5
750.535(7)
Property
E
Receiving or concealing stolen motor vehicle
5
750.535(8)
Property
D
Receiving or concealing stolen motor vehicle — second or subsequent offense
10
750.535a(2)
Pub ord
D
Operating a chop shop
10
750.535a(3)
Pub ord
D
Operating a chop shop, subsequent violation
10
750.535b
Pub saf
E
Stolen firearms or ammunition
10
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 1999, Act 186, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 279, Eff. Oct. 1, 2000 ;-- Am. 2002, Act 122, Eff. Apr. 22, 2002 ;-- Am. 2002, Act 271, Imd. Eff. May 9, 2002 ;-- Am. 2004, Act 2, Imd. Eff. Feb. 12, 2004 ;-- Am. 2004, Act 157, Imd. Eff. June 16, 2004 ;-- Am. 2006, Act 62, Eff. June 1, 2006 ;-- Am. 2006, Act 655, Imd. Eff. Jan. 9, 2007 ;-- Am. 2007, Act 20, Imd. Eff. June 19, 2007 ;-- Am. 2014, Act 222, Eff. Mar. 31, 2015
Compiler's Notes:
Enacting section 1 of Act 20 of 2007 provides:"Enacting section 1. The citation correction in section 16z of chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.16z, changing the reference of 750.520b(2) to 750.535(2), applies retroactively to January 9, 2007."
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-2 - Part 2 Included Felonies (777.11...777.19) › Section 777.16aa - MCL 750.539c to 750.540g(1)(d); Felonies to Which Chapter Applicable.

777.16aa MCL 750.539c to 750.540g(1)(d); felonies to which chapter applicable.
Sec. 16aa.
This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.
Category
Class
Description
Stat Max
750.539c
Pub ord
H
Eavesdropping
2
750.539d(3)(a)(i)
Pub ord
H
Installing, placing, or using eavesdropping device
2
750.539d(3)(a)(ii)
Pub ord
E
Installing, placing, or using eavesdropping device — subsequent offense
5
750.539d(3)(b)
Pub ord
E
Distributing, disseminating, or transmitting recording or image obtained by eavesdropping
5
750.539e
Pub ord
H
Divulging or using information obtained by eavesdropping
2
750.539f
Pub ord
H
Manufacture or possession of eavesdropping device
2
750.539j(2)(a)(i)
Pub ord
H
Lewd surveillance or capturing lewd image
2
750.539j(2)(a)(ii)
Pub ord
E
Lewd surveillance or capturing lewd image — subsequent offense
5
750.539j(2)(b)
Pub ord
E
Distributing, disseminating, or transmitting visual image obtained by surveillance
5
750.539k(5)(a)
Property
E
Illegally recording personal identifying information from financial transaction device transaction
5
750.539k(5)(b)
Property
D
Illegally recording personal identifying information from financial transaction device transaction — second offense
10
750.539k(5)(c)
Property
C
Illegally recording personal identifying information from financial transaction device transaction — third or subsequent offense
15
750.540(5)(a)
Pub ord
H
Damaging, destroying, using, or obstructing use of electronic medium of communication
2
750.540(5)(b)
Person
F
Damaging, destroying, using, or obstructing use of electronic medium of communication resulting in injury or death
4
750.540c(4)
Property
F
Telecommunication violation
4
750.540f(2)
Property
E
Knowingly publishing a communications access device with prior convictions
5
750.540g(1)(c)
Property
E
Diverting telecommunication services having a value of $1,000 to $20,000 or with prior convictions
5
750.540g(1)(d)
Property
D
Diverting telecommunication services having a value of $20,000 or more or with prior convictions
10
History:
Add. 2007, Act 20, Imd. Eff. June 19, 2007 ;-- Am. 2013, Act 214, Eff. Apr. 1, 2014
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-2 - Part 2 Included Felonies (777.11...777.19) › Section 777.16bb - MCL 750.543f to 750.553; Felonies to Which Chapter Applicable.

777.16bb MCL 750.543f to 750.553; felonies to which chapter applicable.
Sec. 16bb.
This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.
Category
Class
Description
Stat Max
750.543f
Person
A
Terrorism without causing death
Life
750.543h(3)(a)
Pub ord
B
Hindering prosecution of terrorism — certain terrorist acts
20
750.543h(3)(b)
Pub ord
A
Hindering prosecution of terrorism — act of terrorism
Life
750.543k
Pub saf
B
Soliciting or providing material support for terrorism or terrorist acts
20
750.543m
Pub ord
B
Threat or false report of terrorism
20
750.543p
Pub saf
B
Use of internet or telecommunications to commit certain terrorist acts
20
750.543r
Pub saf
B
Possession of vulnerable target information with intent to commit certain terrorist acts
20
750.545
Pub ord
E
Misprision of treason
5
750.552b
Property
F
Trespassing on correctional facility property
4
750.552c
Pub saf
F
Trespass upon key facility
4
750.553
Property
G
Squatting, second or subsequent offense
2
History:
Add. 2007, Act 20, Imd. Eff. June 19, 2007 ;-- Am. 2014, Act 225, Eff. Sept. 24, 2014
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-2 - Part 2 Included Felonies (777.11...777.19) › Section 777.17 - Applicability of Chapter to Certain Felonies; Chapters 751 to 830.

777.17 Applicability of chapter to certain felonies; chapters 751 to 830.
Sec. 17.
This chapter applies to the following felonies enumerated in chapters 751 to 830 of the Michigan Compiled Laws as set forth in sections 17a to 17g of this chapter.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 1999, Act 67, Eff. Aug. 1, 1999 ;-- Am. 2000, Act 178, Eff. Sept. 18, 2000 ;-- Am. 2000, Act 279, Eff. Oct. 1, 2000 ;-- Am. 2000, Act 300, Eff. Jan. 1, 2001 ;-- Am. 2001, Act 136, Eff. Feb. 1, 2002 ;-- Am. 2002, Act 28, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-2 - Part 2 Included Felonies (777.11...777.19) › Section 777.17b - Applicability of Chapter to Certain Felonies; MCL 752.272a(2)(c) to 752.543.

777.17b Applicability of chapter to certain felonies; MCL 752.272a(2)(c) to 752.543.
Sec. 17b.
This chapter applies to the following felonies enumerated in chapter 752 of the Michigan Compiled Laws:
M.C.L.
Category
Class
Description
Stat Max
752.272a(2)(c)
Pub saf
F
Sale or distribution of nitrous oxide device — 2 or more prior convictions
4
752.365(3)
Pub ord
G
Obscenity — subsequent offense
2
752.541
Pub saf
D
Riot
10
752.542
Pub saf
D
Incitement to riot
10
752.542a
Pub saf
D
Riot in state correctional facilities
10
752.543
Pub saf
G
Unlawful assembly
5
History:
Add. 2002, Act 28, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-2 - Part 2 Included Felonies (777.11...777.19) › Section 777.17c - Applicability of Chapter to Certain Felonies; MCL 752.797(1)(c) to 752.797(3)(f); Determination.

777.17c Applicability of chapter to certain felonies; MCL 752.797(1)(c) to 752.797(3)(f); determination.
Sec. 17c.
(1) This chapter applies to the following felonies enumerated in chapter 752 of the Michigan Compiled Laws:
M.C.L.
Category
Class
Description
Stat Max
752.797(1)(c)
Property
E
Computer fraud — 2 prior convictions or value of $1,000 to $20,000
5
752.797(1)(d)
Property
D
Computer fraud — 3 or more prior convictions or value of $20,000 or more
10
752.797(2)(a)
Property
E
Unlawfully accessing computer, computer system, or computer program
5
752.797(2)(b)
Property
D
Unlawfully accessing computer, computer system, or computer program, with prior conviction
10
752.797(3)(b)
Variable
G
Using computer to commit crime punishable by a maximum term of imprisonment of more than 1 year but less than 2 years
2
752.797(3)(c)
Variable
F
Using computer to commit crime punishable by a maximum term of imprisonment of at least 2 years but less than 4 years
4
752.797(3)(d)
Variable
D
Using computer to commit crime punishable by a maximum term of imprisonment of at least 4 years but less than 10 years
7
752.797(3)(e)
Variable
D
Using computer to commit crime punishable by a maximum term of imprisonment of at least 10 years but less than 20 years
10
752.797(3)(f)
Variable
B
Using computer to commit crime punishable by a maximum term of imprisonment of at least 20 years or for life
20
(2) For a violation of section 797(3) of 1979 PA 53, MCL 752.797, determine the offense category, offense variable level, and prior record variable level based on the underlying offense.
History:
Add. 2002, Act 28, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-2 - Part 2 Included Felonies (777.11...777.19) › Section 777.17d - Applicability of Chapter to Certain Felonies; MCL 752.802 to 752.1084.

777.17d Applicability of chapter to certain felonies; MCL 752.802 to 752.1084.
Sec. 17d.
This chapter applies to the following felonies enumerated in chapter 752 of the Michigan Compiled Laws:
M.C.L.
Category
Class
Description
Stat Max
752.802
Property
H
Manufacture or sale of slugs for use in vending machines
5
752.811
Property
H
Breaking and entering a coin operated device
3
752.861
Person
G
Careless discharge of firearm causing injury or death
2
752.881
Person
G
Reckless use of bow and arrow resulting in injury or death
2
752.1003
Property
F
False claim, statement, or representation to obtain health care benefits
4
752.1004
Property
F
Soliciting, paying, or receiving kickback or receiving referral fee for health care payment
4
752.1005
Property
H
Conspiring to commit health care fraud
10
752.1006
Property
D
Health care fraud — subsequent offense
20
752.1054(2)
Property
G
Copying audio or video recordings for gain
5
752.1084
Property
E
Organized retail crime act violation
5
History:
Add. 2002, Act 28, Eff. Apr. 1, 2002 ;-- Am. 2012, Act 456, Eff. Mar. 31, 2013 ;-- Am. 2013, Act 124, Imd. Eff. Oct. 1, 2013
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-2 - Part 2 Included Felonies (777.11...777.19) › Section 777.17f - Applicability of Chapter to Certain Felonies; MCL 764.1e to 791.236(17).

777.17f Applicability of chapter to certain felonies; MCL 764.1e to 791.236(17).
Sec. 17f.
This chapter applies to the following felonies enumerated in chapters 760 to 799 of the Michigan Compiled Laws:
M.C.L.
Category
Class
Description
Stat Max
764.1e
Pub trst
C
Peace officer making false statement in a complaint
15
767.4a
Pub trst
F
Disclosing or possessing grand jury information
4
767A.9(1)(a)
Pub trst
C
Perjury committed in prosecutor's investigative hearing
15
767A.9(1)(b)
Pub trst
B
Perjury committed in prosecutor's investigative hearing regarding a crime punishable by imprisonment for life or by imprisonment for life or any term of years
Life
771.3f
Pub ord
G
Tampering with or removing electronic monitoring device
2
791.236(17)
Pub ord
F
Failure to provide correct notice of proposed domicile by sex offender
4
History:
Add. 2002, Act 28, Eff. Apr. 1, 2002 ;-- Am. 2006, Act 404, Eff. Dec. 1, 2006 ;-- Am. 2012, Act 611, Eff. Mar. 1, 2013
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-2 - Part 2 Included Felonies (777.11...777.19) › Section 777.17g - Applicability of Chapter to Certain Felonies; MCL 800.281(1) to 801.263(2).

777.17g Applicability of chapter to certain felonies; MCL 800.281(1) to 801.263(2).
Sec. 17g.
This chapter applies to the following felonies enumerated in chapters 800 to 830 of the Michigan Compiled Laws:
M.C.L.
Category
Class
Description
Stat Max
800.281(1)
Pub saf
H
Furnishing prisoner with contraband
5
800.281(2)
Pub saf
H
Furnishing prisoner with contraband outside
5
800.281(3)
Pub saf
H
Bringing contraband into prisons
5
800.281(4)
Pub saf
E
Prisoner possessing contraband
5
800.283(1)
Pub saf
E
Furnishing weapon to prisoner in prison
5
800.283(2)
Pub saf
E
Prisons — knowledge of a weapon in a correctional facility
5
800.283(3)
Pub saf
E
Bringing weapon into prison
5
800.283(4)
Pub saf
E
Prisoner possessing weapon
5
800.283a
Pub saf
E
Furnishing cell phone to prisoner
5
801.262(1)(a)
Pub saf
E
Bringing weapon into jail
5
801.262(1)(b)
Pub saf
E
Furnishing weapon to prisoner in jail
5
801.262(2)
Pub saf
E
Prisoner in jail possessing weapon
5
801.262a
Pub saf
E
Furnishing cell phone or other wireless device to prisoner in jail
5
801.263(1)
Pub saf
H
Furnishing contraband to prisoner in jail
5
801.263(2)
Pub saf
H
Prisoner in jail possessing contraband
5
History:
Add. 2002, Act 28, Eff. Apr. 1, 2002 ;-- Am. 2006, Act 541, Imd. Eff. Dec. 29, 2006 ;-- Am. 2013, Act 124, Imd. Eff. Oct. 1, 2013
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-2 - Part 2 Included Felonies (777.11...777.19) › Section 777.18 - MCL 333.7410 to 750.367a; Felonies to Which Chapter Applicable.

777.18 MCL 333.7410 to 750.367a; felonies to which chapter applicable.
Sec. 18.
This chapter applies to the following felonies:
M.C.L.
Category
Description
Stat Max
333.7410
CS
Controlled substance offense or offense involving GBL on or near school property or library
Variable
333.7413(1) or (2)
Pub trst
Subsequent controlled substance violations
Variable
333.7416(1)(a)
CS
Recruiting or inducing a minor to commit a controlled substance felony
Variable
750.157a(a)
Pub saf
Conspiracy
Variable
750.157c
Person
Inducing minor to commit a felony
Variable
750.188
Pub ord
Voluntarily suffering prisoner to escape
Variable
750.237a
Pub saf
Felony committed in a weapon-free school zone
Variable
750.367a
Property
Larceny of rationed goods
Variable
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2000, Act 279, Eff. Oct. 1, 2000 ;-- Am. 2000, Act 304, Eff. Jan. 1, 2001 ;-- Am. 2006, Act 553, Eff. Mar. 30, 2007 ;-- Am. 2017, Act 267, Eff. Mar. 28, 2018
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-2 - Part 2 Included Felonies (777.11...777.19) › Section 777.19 - Attempt to Commit Offense; Applicability of Chapter.

777.19 Attempt to commit offense; applicability of chapter.
Sec. 19.
(1) This chapter applies to an attempt to commit an offense enumerated in this part if the attempted violation is a felony. This chapter does not apply to an attempt to commit a class H offense enumerated in this part.
(2) For an attempt to commit an offense enumerated in this part, the offense category is the same as the attempted offense.
(3) For an attempt to commit an offense enumerated in this part, the offense class is as follows:
(a) Class E if the attempted offense is in class A, B, C, or D.
(b) Class H if the attempted offense is in class E, F, or G.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2000, Act 279, Eff. Oct. 1, 2000
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-3 - Part 3 Scoring Instructions for Sentencing Guidelines (777.21...777.22) › Section 777.22 - Offense Variables; Scoring.

777.22 Offense variables; scoring.
Sec. 22.
(1) For all crimes against a person, score offense variables 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 19, and 20. Score offense variables 5 and 6 for homicide, attempted homicide, conspiracy or solicitation to commit a homicide, or assault with intent to commit murder. Score offense variable 16 under this subsection for a violation or attempted violation of section 110a of the Michigan penal code, 1931 PA 328, MCL 750.110a. Score offense variables 17 and 18 if the offense or attempted offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive.
(2) For all crimes against property, score offense variables 1, 2, 3, 4, 9, 10, 12, 13, 14, 16, 19, and 20.
(3) For all crimes involving a controlled substance, score offense variables 1, 2, 3, 12, 13, 14, 15, 19, and 20.
(4) For all crimes against public order and all crimes against public trust, score offense variables 1, 3, 4, 9, 10, 12, 13, 14, 16, 19, and 20.
(5) For all crimes against public safety, score offense variables 1, 3, 4, 9, 10, 12, 13, 14, 16, 19, and 20. Score offense variable 18 if the offense or attempted offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2000, Act 279, Eff. Oct. 1, 2000 ;-- Am. 2002, Act 143, Eff. Apr. 22, 2002 ;-- Am. 2003, Act 134, Eff. Sept. 30, 2003
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a) › Section 777.31 - Aggravated Use of Weapon; Definitions.

777.31 Aggravated use of weapon; definitions.
Sec. 31.
(1) Offense variable 1 is aggravated use of a weapon. Score offense variable 1 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) A firearm was discharged at or toward a human being or a victim was cut or stabbed with a knife or other cutting or stabbing weapon..................
25 points
(b) The victim was subjected or exposed to a harmful biological substance, harmful biological device, harmful chemical substance, harmful chemical device, harmful radioactive material, harmful radioactive device, incendiary device, or explosive device......
20 points
(c) A firearm was pointed at or toward a victim or the victim had a reasonable apprehension of an immediate battery when threatened with a knife or other cutting or stabbing weapon.......
15 points
(d) The victim was touched by any other type of weapon......
10 points
(e) A weapon was displayed or implied.......................
5 points
(f) No aggravated use of a weapon occurred..................
0 points
(2) All of the following apply to scoring offense variable 1:
(a) Count each person who was placed in danger of injury or loss of life as a victim.
(b) In multiple offender cases, if 1 offender is assessed points for the presence or use of a weapon, all offenders shall be assessed the same number of points.
(c) Score 5 points if an offender used an object to suggest the presence of a weapon.
(d) Score 5 points if an offender used a chemical irritant, chemical irritant device, smoke device, or imitation harmful substance or device.
(e) Do not score 5 points if the conviction offense is a violation of section 82 or 529 of the Michigan penal code, 1931 PA 328, MCL 750.82 and 750.529.
(3) As used in this section:
(a) "Chemical irritant", "chemical irritant device", "harmful biological substance", "harmful biological device", "harmful chemical substance", "harmful chemical device", "harmful radioactive material", "harmful radioactive device", and "imitation harmful substance or device" mean those terms as defined in section 200h of the Michigan penal code, 1931 PA 328, MCL 750.200h.
(b) "Incendiary device" includes gasoline or any other flammable substance, a blowtorch, fire bomb, Molotov cocktail, or other similar device.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 1999, Act 227, Imd. Eff. Dec. 28, 1999 ;-- Am. 2001, Act 136, Imd. Eff. Oct. 23, 2001 ;-- Am. 2002, Act 137, Eff. Apr. 22, 2002
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a) › Section 777.32 - Lethal Potential of Weapon Possessed or Used.

777.32 Lethal potential of weapon possessed or used.
Sec. 32.
(1) Offense variable 2 is lethal potential of the weapon possessed or used. Score offense variable 2 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) The offender possessed or used a harmful biological substance, harmful biological device, harmful chemical substance, harmful chemical device, harmful radioactive material, or harmful radioactive device...........................
15 points
(b) The offender possessed or used an incendiary device, an explosive device, or a fully automatic weapon.................
15 points
(c) The offender possessed or used a short-barreled rifle or a short-barreled shotgun.........
10 points
(d) The offender possessed or used a pistol, rifle, shotgun, or knife or other cutting or stabbing weapon..................
5 points
(e) The offender possessed or used any other potentially lethal weapon....................
1 point
(f) The offender possessed or used no weapon................
0 points
(2) In multiple offender cases, if 1 offender is assessed points for possessing a weapon, all offenders shall be assessed the same number of points.
(3) As used in this section:
(a) "Harmful biological substance", "harmful biological device", "harmful chemical substance", "harmful chemical device", "harmful radioactive material", and "harmful radioactive device" mean those terms as defined in section 200h of the Michigan penal code, 1931 PA 328, MCL 750.200h.
(b) "Fully automatic weapon" means a firearm employing gas pressure or force of recoil or other means to eject an empty cartridge from the firearm after a shot, and to load and fire the next cartridge from the magazine, without renewed pressure on the trigger for each successive shot.
(c) "Pistol", "rifle", or "shotgun" includes a revolver, semi-automatic pistol, rifle, shotgun, combination rifle and shotgun, or other firearm manufactured in or after 1898 that fires fixed ammunition, but does not include a fully automatic weapon or short-barreled shotgun or short-barreled rifle.
(d) "Incendiary device" includes gasoline or any other flammable substance, a blowtorch, fire bomb, Molotov cocktail, or other similar device.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2001, Act 136, Imd. Eff. Oct. 23, 2001
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a) › Section 777.34 - Psychological Injury to Victim.

777.34 Psychological injury to victim.
Sec. 34.
(1) Offense variable 4 is psychological injury to a victim. Score offense variable 4 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) Serious psychological injury requiring professional treatment occurred to a victim...........................
10 points
(b) For a conviction under section 50b of the Michigan penal code, 1931 PA 328, MCL 750.50b, serious psychological injury requiring professional treatment occurred to the owner of a companion animal.................
5 points
(c) No serious psychological injury requiring professional treatment occurred to a victim...........................
0 points
(2) Score 10 points if the serious psychological injury may require professional treatment. In making this determination, the fact that treatment has not been sought is not conclusive.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2018, Act 652, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a) › Section 777.35 - Psychological Injury to Member of Victim's Family.

777.35 Psychological injury to member of victim's family.
Sec. 35.
(1) Offense variable 5 is psychological injury to a member of a victim's family. Score offense variable 5 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) Serious psychological injury requiring professional treatment occurred to a victim's family...........................
15 points
(b) No serious psychological injury requiring professional treatment occurred to a victim's family...........................
0 points
(2) Score 15 points if the serious psychological injury to the victim's family may require professional treatment. In making this determination, the fact that treatment has not been sought is not conclusive.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2000, Act 279, Eff. Oct. 1, 2000
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a) › Section 777.36 - Intent to Kill or Injure Another Individual.

777.36 Intent to kill or injure another individual.
Sec. 36.
(1) Offense variable 6 is the offender's intent to kill or injure another individual. Score offense variable 6 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) The offender had premeditated intent to kill or the killing was committed while committing or attempting to commit arson, criminal sexual conduct in the first or third degree, child abuse in the first degree, a major controlled substance offense, robbery, breaking and entering of a dwelling, home invasion in the first or second degree, larceny of any kind, extortion, or kidnapping or the killing was the murder of a peace officer or a corrections officer
50 points
(b) The offender had unpremeditated intent to kill, the intent to do great bodily harm, or created a very high risk of death or great bodily harm knowing that death or great bodily harm was the probable result
25 points
(c) The offender had intent to injure or the killing was committed in an extreme emotional state caused by an adequate provocation and before a reasonable amount of time elapsed for the offender to calm or there was gross negligence amounting to an unreasonable disregard for life
10 points
(d) The offender had no intent to kill or injure
0 points
(2) All of the following apply to scoring offense variable 6.
(a) The sentencing judge shall score this variable consistent with a jury verdict unless the judge has information that was not presented to the jury.
(b) Score 10 points if a killing is intentional within the definition of second degree murder or voluntary manslaughter, but the death occurred in a combative situation or in response to victimization of the offender by the decedent.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a) › Section 777.37 - Offense Variable 7; Aggravated Physical Abuse; “Sadism” Defined.

777.37 Offense variable 7; aggravated physical abuse; “sadism” defined.
Sec. 37.
(1) Offense variable 7 is aggravated physical abuse. Score offense variable 7 by determining which of the following apply and by assigning the number of points attributable to the 1 that has the highest number of points:
(a) A victim was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a victim suffered during the offense..........................
50 points
(b) No victim was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a victim suffered during the offense..........................
0 points
(2) Count each person who was placed in danger of injury or loss of life as a victim.
(3) As used in this section, "sadism" means conduct that subjects a victim to extreme or prolonged pain or humiliation and is inflicted to produce suffering or for the offender's gratification.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2002, Act 137, Eff. Apr. 22, 2002 ;-- Am. 2015, Act 137, Eff. Jan. 5, 2016
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a) › Section 777.38 - Victim Asportation or Captivity.

777.38 Victim asportation or captivity.
Sec. 38.
(1) Offense variable 8 is victim asportation or captivity. Score offense variable 8 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) A victim was asported to another place of greater danger or to a situation of greater danger or was held captive beyond the time necessary to commit the offense..........................
15 points
(b) No victim was asported or held captive..................
0 points
(2) All of the following apply to scoring offense variable 8:
(a) Count each person who was placed in danger of injury or loss of life as a victim.
(b) Score 0 points if the sentencing offense is kidnapping.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a) › Section 777.39 - Offense Variable 9; Number of Victims; Scoring.

777.39 Offense variable 9; number of victims; scoring.
Sec. 39.
(1) Offense variable 9 is number of victims. Score offense variable 9 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) Multiple deaths occurred.........................
100 points
(b) There were 10 or more victims who were placed in danger of physical injury or death, or 20 or more victims who were placed in danger of property loss.............................
25 points
(c) There were 2 to 9 victims who were placed in danger of physical injury or death, or 4 to 19 victims who were placed in danger of property loss..........
10 points
(d) There were fewer than 2 victims who were placed in danger of physical injury or death, or fewer than 4 victims who were placed in danger of property loss.............................
0 points
(2) All of the following apply to scoring offense variable 9:
(a) Count each person who was placed in danger of physical injury or loss of life or property as a victim.
(b) Score 100 points only in homicide cases.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2006, Act 548, Eff. Mar. 30, 2007
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a) › Section 777.40 - Exploitation of Vulnerable Victim.

777.40 Exploitation of vulnerable victim.
Sec. 40.
(1) Offense variable 10 is exploitation of a vulnerable victim. Score offense variable 10 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) Predatory conduct was involved.........................
15 points
(b) The offender exploited a victim's physical disability, mental disability, youth or agedness, or a domestic relationship, or the offender abused his or her authority status...........................
10 points
(c) The offender exploited a victim by his or her difference in size or strength, or both, or exploited a victim who was intoxicated, under the influence of drugs, asleep, or unconscious......................
5 points
(d) The offender did not exploit a victim's vulnerability....................
0 points
(2) The mere existence of 1 or more factors described in subsection (1) does not automatically equate with victim vulnerability.
(3) As used in this section:
(a) "Predatory conduct" means preoffense conduct directed at a victim, or a law enforcement officer posing as a potential victim, for the primary purpose of victimization.
(b) "Exploit" means to manipulate a victim for selfish or unethical purposes. Exploit also means to violate section 50b of the Michigan penal code, 1931 PA 328, MCL 750.50b, for the purpose of manipulating a victim for selfish or unethical purposes.
(c) "Vulnerability" means the readily apparent susceptibility of a victim to injury, physical restraint, persuasion, or temptation.
(d) "Abuse of authority status" means a victim was exploited out of fear or deference to an authority figure, including, but not limited to, a parent, physician, or teacher.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2014, Act 350, Imd. Eff. Oct. 17, 2014 ;-- Am. 2018, Act 652, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a) › Section 777.41 - Criminal Sexual Penetration.

777.41 Criminal sexual penetration.
Sec. 41.
(1) Offense variable 11 is criminal sexual penetration. Score offense variable 11 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) Two or more criminal sexual penetrations occurred
50 points
(b) One criminal sexual penetration occurred
25 points
(c) No criminal sexual penetration occurred
0 points
(2) All of the following apply to scoring offense variable 11:
(a) Score all sexual penetrations of the victim by the offender arising out of the sentencing offense.
(b) Multiple sexual penetrations of the victim by the offender extending beyond the sentencing offense may be scored in offense variables 12 or 13.
(c) Do not score points for the 1 penetration that forms the basis of a first- or third-degree criminal sexual conduct offense.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a) › Section 777.42 - Contemporaneous Felonious Criminal Acts.

777.42 Contemporaneous felonious criminal acts.
Sec. 42.
(1) Offense variable 12 is contemporaneous felonious criminal acts. Score offense variable 12 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) Three or more contemporaneous felonious criminal acts involving crimes against a person were committed
25 points
(b) Two contemporaneous felonious criminal acts involving crimes against a person were committed
10 points
(c) Three or more contemporaneous felonious criminal acts involving other crimes were committed
10 points
(d) One contemporaneous felonious criminal act involving a crime against a person was committed
5 points
(e) Two contemporaneous felonious criminal acts involving other crimes were committed
5 points
(f) One contemporaneous felonious criminal act involving any other crime was committed
1 point
(g) No contemporaneous felonious criminal acts were committed
0 points
(2) All of the following apply to scoring offense variable 12:
(a) A felonious criminal act is contemporaneous if both of the following circumstances exist:
(i) The act occurred within 24 hours of the sentencing offense.
(ii) The act has not and will not result in a separate conviction.
(b) A violation of section 227b of the Michigan penal code, 1931 PA 328, MCL 750.227b, should not be considered for scoring this variable.
(c) Do not score conduct scored in offense variable 11.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a) › Section 777.44 - Offender's Role.

777.44 Offender's role.
Sec. 44.
(1) Offense variable 14 is the offender's role. Score offense variable 14 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) The offender was a leader in a multiple offender situation........................
10 points
(b) The offender was not a leader in a multiple offender situation........................
0 points
(2) All of the following apply to scoring offense variable 14:
(a) The entire criminal transaction should be considered when scoring this variable.
(b) If 3 or more offenders were involved, more than 1 offender may be determined to have been a leader.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a) › Section 777.46 - Property Obtained, Damaged, Lost, or Destroyed.

777.46 Property obtained, damaged, lost, or destroyed.
Sec. 46.
(1) Offense variable 16 is property obtained, damaged, lost, or destroyed. Score offense variable 16 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) For a conviction under section 50 of the Michigan penal code, 1931 PA 328, MCL 750.50, the property was 25 or more animals..........................
25 points
(b) For a conviction under section 50 of the Michigan penal code, 1931 PA 328, MCL 750.50, the property was 10 or more animals but fewer than 25 animals..........................
10 points
(c) Wanton or malicious damage occurred beyond that necessary to commit the crime for which the offender is not charged and will not be charged..........
10 points
(d) The property had a value of more than $20,000.00 or had significant historical, social, or sentimental value.............
10 points
(e) The property had a value of $1,000.00 or more but not more than $20,000.00..................
5 points
(f) The property had a value of $200.00 or more but not more than $1,000.00...................
1 point
(g) No property was obtained, damaged, lost, or destroyed or the property had a value of less than $200.00.......
0 points
(2) All of the following apply to scoring offense variable 16:
(a) In multiple offender or victim cases, the appropriate points may be determined by adding together the aggregate value of the property involved, including property involved in uncharged offenses or charges dismissed under a plea agreement.
(b) In cases in which the property was obtained unlawfully, 28 lost to the lawful owner, or destroyed, use the value of the property in scoring this variable. If the property was damaged, use the monetary amount appropriate to restore the property to pre-offense condition in scoring this variable.
(c) The amount of money or property involved in admitted but uncharged offenses or in charges that have been dismissed under a plea agreement may be considered.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 1999, Act 227, Imd. Eff. Dec. 28, 1999 ;-- Am. 2018, Act 652, Eff. Mar. 28, 2019
Compiler's Notes:
In subsection (2)(b), the reference to "unlawfully, 28 lost" evidently should read "unlawfully, lost."
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a) › Section 777.47 - Degree of Negligence Exhibited.

777.47 Degree of negligence exhibited.
Sec. 47.
(1) Offense variable 17 is degree of negligence exhibited. Score offense variable 17 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) The offender showed a wanton or reckless disregard for the life or property of another person...........................
10 points
(b) The offender failed to show the degree of care that a person of ordinary prudence in a similar situation would have shown............................
5 points
(c) The offender was not negligent........................
0 points
(2) Do not score 10 points if points are given in offense variable 6.
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a) › Section 777.49 - Security Threat to Penal Institution or Court or Interference With Administration of Justice or Emergency Services.

777.49 Security threat to penal institution or court or interference with administration of justice or emergency services.
Sec. 49.
Offense variable 19 is threat to the security of a penal institution or court or interference with the administration of justice or the rendering of emergency services. Score offense variable 19 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) The offender by his or her conduct threatened the security of a penal institution or court.........................
25 points
(b) The offender used force or the threat of force against another person or the property of another person to interfere with, attempt to interfere with, or that results in the interference with the administration of justice or the rendering of emergency services...............
15 points
(c) The offender otherwise interfered with or attempted to interfere with the administration of justice, or directly or indirectly violated a personal protection order.................
10 points
(d) The offender did not threaten the security of a penal institution or court or interfere with or attempt to interfere with the administration of justice or the rendering of emergency services by force or threat of force............................
0 points
History:
Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2001, Act 136, Imd. Eff. Oct. 23, 2001 ;-- Am. 2002, Act 137, Eff. Apr. 22, 2002 ;-- Am. 2018, Act 652, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69) › 175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a) › Section 777.49a - Terrorism; Definitions.

777.49a Terrorism; definitions.
Sec. 49a.
(1) Offense variable 20 is terrorism. Score offense variable 20 by determining which of the following applies and by assigning the number of points attributable to the one that has the highest number of points:
(a) The offender committed an act of terrorism by using or threatening to use a harmful biological substance, harmful biological device, harmful chemical substance, harmful chemical device, harmful radioactive material, harmful radioactive device, incendiary device, or explosive device......
100 points
(b)The offender committed an act of terrorism without using or threatening to use a harmful biological substance, harmful biological device, harmful chemical substance, harmful chemical device, harmful radioactive material, harmful radioactive device, incendiary device, or explosive device......
50 points
(c) The offender supported an act of terrorism, a terrorist, or a terrorist organization......
25 points
(d) The offender did not commit an act of terrorism or support an act of terrorism, a terrorist, or a terrorist organization.....................
0 points
(2) As used in this section:
(a) "Act of terrorism" and "terrorist" mean those terms as defined in section 543b of the Michigan penal code, 1931 PA 328, MCL 750.543b.
(b) "Harmful biological substance", "harmful biological device", "harmful chemical substance", "harmful chemical device", "harmful radioactive material", and "harmful radioactive device" mean those terms as defined in section 200h of the Michigan penal code, 1931 PA 328, MCL 750.200h.
(c) "Incendiary device" includes gasoline or any other flammable substance, a blowtorch, fire bomb, Molotov cocktail, or other similar device.
(d) "Terrorist organization" means that term as defined in section 543c of the Michigan penal code, 1931 PA 328, MCL 750.543c.
History:
Add. 2002, Act 137, Eff. Apr. 22, 2002