Sentencing Guidelines Manual

STATE OF MICHIGAN

Prepared by the Michigan Judicial Institute

May 2021

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This sentencing guidelines manual has been prepared as an

aid for those who use the guidelines enacted by the Michigan

Legislature. The manual is intended to reflect with complete

accuracy the substance of the law. However, in the event

that the manual fails to comport exactly with the law,

remember that the statute is the controlling authority.

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COVID-19:SpecialProcedures

In response to the public health emergency, the Michigan Supreme Court has

issued (and continues to issue) administrative orders affecting trial court

procedures. MJI has endeavored to summarize and synthesize these orders to

assist courts in adapting to the new requirements and limitations. Please visit our

COVID-19: Procedures Affected webpage for more information (http://

mjieducation.mi.gov/covid-19). This page will remain live and updated as long as

the public health emergency exists.

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GeneralInformationandInstructions for

UsingtheStatutorySentencingGuidelines

SPECIAL NOTE:

In 2015, the Michigan Supreme Court rendered the

previously-mandatory sentencing guidelines advisory only.

People v Lockridge, 498 Mich 358 (2015).

Applying United States Supreme Court precedent, the

Court held that Michigan’s mandatory sentencing

guidelines are violative of the Sixth Amendment. To remedy

this constitutional violation, the Lockridge Court severed

MCL 769.34(2) to the extent that it makes the calculated

guidelines minimum sentence range mandatory;

additionally, the Court struck down the requirement of MCL

769.34(3) that the court articulate a substantial and

compelling reason to depart from the guidelines range.

Subsequently, MCL 769.34 was amended to omit the

substantial and compelling language and to explicitly

provide for reasonable departures. See 2020 PA 395,

effective March 24, 2021. A sentencing court may now

exercise its discretion to depart from the guidelines range

without articulating substantial and compelling reasons for

doing so, and a departure sentence will be reviewed on

appeal for reasonableness.

However, sentencing courts are still required to determine

the applicable guidelines range and take it into account

when imposing a sentence. Accordingly, the guidelines-

scoring content of this manual remains applicable, with the

caveat that the calculated guidelines range is advisory

rather than binding.

Additional references to Lockridge are included throughout

this manual where relevant. For a comprehensive

discussion of Lockridge, see the Michigan Judicial

GeneralInformationandInstructions

Institute’s Criminal Proceedings Benchbook, Vol. 2,

Chapter 1.

In general, the statutory sentencing guidelines apply only to felony offenses

for which the penalty prescribed is an indeterminate sentence, and the

sentencing court retains discretion in imposing an offender’s sentence. That

is, the guidelines are not applicable to offenses for which the applicable

statute establishes a mandatory determinate penalty or a mandatory penalty

of life imprisonment for conviction of the offense. MCL 769.34(5).

Specifically, the statutory sentencing guidelines apply to felony offenses

listed in MCL 777.11 to 777.19 that were committed on or after January 1,

1999. MCL 769.34(2). The statutory sections listing the felony offenses to

which the guidelines apply contain brief descriptions of the felonies listed

there “for assistance only.” MCL 777.6; MCL 777.11 to 777.19. The

language contained in the statute defining the felony offense itself governs

application of the sentencing guidelines. MCL 777.6. The statutory

sentencing guidelines in effect on the date the offense was committed

govern the calculation of an offender’s minimum sentence. MCL 769.34(2).

When an offender is convicted of multiple offenses, a sentencing information

report (SIR) should be completed for the sentencing offense that has the

highest crime class. If there are multiple offenses that are in the highest

crime class, all of those offenses must be scored. In instances where the

sentences imposed will be served consecutively, an SIR should be

completed for every crime that will be served consecutively.

STEPI.ScorethePriorRecordVariables

A. All seven prior record variables (PRVs) should be scored for all offenses.

MCL 777.21(1)(b). PRVs 1 through 6 refer only to an offender’s prior

convictions. Concurrent and subsequent convictions should be scored in

PRV 7, but not in PRVs 1 through 6.

B. Each PRV consists of several statements to which a specific number of

points are assigned. The statements appearing in each PRV quantify the

specific sentencing characteristic addressed by that PRV. Determine

which one or more of the statements addressed by the PRV apply to the

offender and assign the point value indicated by the applicable statement

with the highest number of points. Where no points are appropriate for a

particular PRV, a score of zero (0) should be indicated. The total number

of points assessed for all seven PRVs is the offender’s “PRV level” and

corresponds to the horizontal axis of the appropriate sentencing grid.

C. Whether a prior felony conviction or corresponding adjudication is of “high”

or “low” severity is determined by reference to the crime class of the prior

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GeneralInformationandInstructions

conviction or corresponding adjudication. An offense’s crime class may be

identified by consulting the offense lists contained in this manual. All

guidelines offenses are listed in order of their MCL number (or

alphabetically by offense description) and each offense’s crime class is

noted. Prior convictions classified in M2 (second-degree murder) or in

classes A through D are “high severity” prior convictions; felonies in

classes E through H are “low severity” prior convictions. In addition, prior

convictions or adjudications punishable by a maximum term of

imprisonment of 10 years or more and not listed in any crime class may

qualify as prior high severity felony convictions; prior convictions or

adjudications punishable by a maximum term of imprisonment of less than

10 years and not listed in any crime class may qualify as prior low severity

felony convictions.

D. In scoring PRVs 1 to 5, do not use any conviction or juvenile adjudication

that precedes a period of 10 or more years between the discharge date

from a conviction or juvenile adjudication and the commission date of the

next offense resulting in a conviction or juvenile adjudication. MCL 777.50.

“Discharge date” means the date an individual is discharged from the

jurisdiction of the court or the department of corrections.

Apply the “10-year gap rule” by determining the length of time between the

discharge date of the offender’s conviction or juvenile adjudication

immediately preceding the commission date of the sentencing offense. If the

time span is 10 years or more, that conviction or juvenile adjudication–and

any convictions or adjudications that occurred earlier–must not be counted

when scoring the offender’s PRVs. If the time span between the commission

date of the offender’s sentencing offense and the discharge date of the

offender’s most recent conviction or adjudication is less than 10 years, that

prior conviction or adjudication must be counted in scoring the offender’s

PRVs.

If the offender’s most recent conviction or adjudication must be counted in

scoring his or her PRVs, and if the offender has additional prior convictions

or juvenile adjudications, determine the length of time between the

commission date of the prior conviction or adjudication first scored and the

discharge date of the next earlier conviction or adjudication. If the time span

equals or exceeds 10 years, that conviction or adjudication may not be

counted. If the time span is less than 10 years, that conviction or adjudication

may be counted in scoring the offender’s PRVs. Use the process described

above until a time span equal to or greater than 10 years separates the

discharge date of an earlier conviction or adjudication from the commission

date of the next conviction or adjudication or until no previous convictions or

adjudications remain.

If a discharge date is not available, determine the date by adding the amount

of time the defendant was placed on probation or the length of the minimum

term of incarceration to the date the defendant was convicted (not the date

the defendant was sentenced) and use that date as the discharge date.

GeneralInformationandInstructions

STEPII.ScoretheOffenseVariables

A. The crime group of the sentencing offense determines which offense

variables (OVs) must be scored. The offenses to which the guidelines

apply are sorted into six crime groups (MCL 777.5(a)-(f)):

• Crimes against a person (“Person”)

• Crimes against property (“Property”)

• Crimes involving a controlled substance (“CS”)

• Crimes against public order (“Pub ord”)

• Crimes against public safety (“Pub saf”)

• Crimes against public trust (“Pub trst”)

The applicable crime group may be identified by consulting the offense lists

contained in this manual. All guidelines offenses are listed in order of their

MCL number and in alphabetical order based on offense descriptions. Along

with the MCL numbers are the crime group and crime class designations for

each offense and the statutory maximum penalty for conviction of the

offense.

B. Each OV consists of several statements to which a specific number of

points are assigned. The statements appearing in each OV quantify the

specific sentencing characteristic addressed by that OV. Determine which

one or more of the statements addressed by the OV apply to the offender

and assign the point value indicated by the applicable statement with the

highest number of points. Where no points are appropriate for a particular

OV, a score of zero (0) should be indicated. The total number of points

assessed for all OVs is the offender’s “OV level” and corresponds to the

vertical axis of the appropriate sentencing grid.

C. For all crimes against a person, score OVs 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13,

14, 19, and 20. MCL 777.22(1). Score OVs 5 and 6 for homicide, attempted

homicide, conspiracy or solicitation to commit a homicide, or assault with

intent to commit murder. MCL 777.22(1). Score OV 16 for a violation or

attempted violation of MCL 750.110a (home invasion). MCL 777.22(1).

Score OVs 17 and 18 if the offense or attempted offense involves the

operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive.

MCL 777.22(1).

D. For all crimes against property, score OVs 1, 2, 3, 4, 9, 10, 12, 13, 14, 16,

19, and 20. MCL 777.22(2).

E. For all crimes involving a controlled substance, score OVs 1, 2, 3, 12, 13,

14, 15, 19, and 20. MCL 777.22(3).

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GeneralInformationandInstructions

F. For all crimes against public order, score OVs 1, 3, 4, 9, 10, 12, 13, 14, 16,

19, and 20. MCL 777.22(4).

G. For all crimes against public safety, score OVs 1, 3, 4, 9, 10, 12, 13, 14, 16,

19, and 20. MCL 777.22(5). Score OV 18 if the offense or attempted

offense involves the operation of a vehicle, vessel, ORV, snowmobile,

aircraft, or locomotive. MCL 777.22(5).

H. For all crimes against public trust, score OVs 1, 3, 4, 9, 10, 12, 13, 14, 16,

19, and 20. MCL 777.22(4).

I. Guidelines offenses in MCL 777.18 require the commission of an

underlying offense. In those cases, score OVs for both the crime group of

the underlying offense and for the crime group of the offense as it is listed

under MCL 777.18. MCL 777.21(4)(a).

STEPIII.IdentifytheCrimeClassandProperSentenc‐

ingGrid

A. Substantive Offenses

Within each crime group, all offenses to which the guidelines apply are

further categorized by the seriousness of the offense. This gradation of

offense seriousness is indicated by the offense’s crime class. An offense’s

crime class is designated by the letters “A” through “H” and “M2” (second-

degree murder). M2 and A represent the most serious felony offenses, while

the letters B through H represent the remaining guidelines offenses in

decreasing order of their seriousness. An offense’s crime class roughly

corresponds to a maximum term of imprisonment for all offenses in that

same crime class:

M2 / Class A offenses Imprisonment for life or any term of

years

Class B offenses Imprisonment for up to 20 years

Class C offenses Imprisonment for up to 15 years

Class D offenses Imprisonment for up to 10 years

Class E offenses Imprisonment for up to 5 years

Class F offenses Imprisonment for up to 4 years

Class G offenses Imprisonment for up to 2 years

Class H offenses Jail or other intermediate sanction

GeneralInformationandInstructions

In most cases, using the statutory maximum to divide the guidelines offenses

into discrete crime classes resulted in categories of offenses that shared the

same statutory maximum penalty. There are offenses that do not adhere to

the standard, however. There is no legislative authority for the division of

felonies into crime classes, and, therefore, there is no prohibition against

assigning an offense to a crime class that is inconsistent with the statutory

maximum penalty for that offense. Rather, the statutory maximum as it

appears in the statutory language defining the offense governs the upper

limit of punishment possible for conviction of that offense.

For example, MCL 409.122(3) is a crime against a person designated as a

class D felony. MCL 777.14b. According to the chart above, class D felonies

are crimes for which a maximum sentence of 10 years of imprisonment may

be appropriate. However, the maximum term of imprisonment authorized for

conviction of MCL 409.122(3) is 20 years. Although the crime class

designation will in most cases correspond to the maximum sentences listed

in the chart above, the offense just discussed exemplifies the directive of

MCL 777.6: the express language of the statute defining the offense itself

governs application of the sentencing guidelines.

B. Attempted Offenses

The sentencing guidelines apply to attempted crimes if the crime attempted

is a felony offense. MCL 777.19(1). An attempt to commit an offense falls

within the same crime group (person, property, CS, pub ord, pub saf, pub

trst) as the offense attempted. MCL 777.19(2). The attempt’s crime class is

determined by the class of the offense attempted:

Attempted offenses in classes A, B, C, or D: the attempt is a

class E offense. MCL 777.19(3)(a).

Attempted offenses in classes E, F, or G: the attempt is a

class H offense. MCL 777.19(3)(b).

Attempted offenses in class H: the guidelines do not apply to

an attempt to commit a class H offense. Attempted “H” offenses

are to be sentenced to intermediate sanctions as defined in

MCL 769.31(b).

C. Offenses Designated as “SPEC” with “Variable” Statutory Maximums

Special scoring instructions apply to offenses listed in MCL 777.18 (e.g.,

conspiracy, allowing a prisoner to escape, inducing a minor to commit a

felony, etc.). Offenses in MCL 777.18 are guidelines offenses predicated on

the offender’s commission of an underlying offense. Each offense is given a

crime group designation for purposes of MCL 777.18 and that crime group

designation may differ from the crime group designation of the offense on

which the MCL 777.18 conviction is based. In such cases, OVs for both

crime group designations must be scored.

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GeneralInformationandInstructions

For example, MCL 777.18 includes an offense identified as MCL 750.157c.

MCL 750.157c prohibits an individual from recruiting or inducing a minor to

commit a felony and under MCL 777.18, MCL 750.157c is designated as a

crime against a person. This crime group designation under MCL 777.18 –

“person” – remains the same no matter what offense forms the basis for

charging the offender with violating MCL 750.157c. Suppose an offender is

convicted under MCL 750.157c of inducing a minor to commit third-degree

arson. Third-degree arson, MCL 750.74, is a class D crime against property

for which the statutory maximum penalty is 10 years of imprisonment. MCL

777.16c. The crime designation of the underlying offense (third-degree

arson) differs from the crime group of the offense under MCL 777.18

(inducing a minor, MCL 750.157c). A violation of MCL 750.157c is a crime

against a person, whereas a violation of MCL 750.74 is a crime against

property. When the crime group under MCL 777.18 differs from the crime

group of the underlying offense, score OVs appropriate to the crime group of

the underlying offense and OVs appropriate to the crime group designation

under MCL 777.18. MCL 777.21(4)(a). In the example just discussed, score

OVs for crimes against a person and crimes against property.

The crime class for a guidelines offense under MCL 777.18 is determined by

the crime class of the underlying offense(s). MCL 777.18 offenses are

identified on the crime lists included with this manual as having a crime class

of “SPEC.” When there is only one underlying felony offense for an offense

under MCL 777.18, use that felony’s crime class. When there is more than

one underlying felony offense, use the crime class of the felony offense with

the highest crime class designation. When none of the underlying offenses is

a felony offense, use crime class G. MCL 777.21(4)(b). Because the

penalties authorized by statute for conviction of the underlying offenses vary

from offense to offense, the statutory maximum penalty for “SPEC” offenses

is indicated as “Variable.”

D. Habitual Offender Sentencing

The nine sentencing grids in MCL 777.61 to 777.69 represent the proper

sentence ranges for offenders not being sentenced as habitual offenders. No

separate grids reflecting the recommended sentence ranges for habitual

offenders exist in the statutory provisions governing felony sentencing.

However, statutory authority exists for determining the upper limit of a

habitual offender’s recommended minimum sentence by adding a specific

percentage of the range calculated for first-time offenders to the upper limit in

the cells of the existing sentencing grids. MCL 777.21(3)(a)-(c). The

sentencing grids published in this manual are comprehensive grids and

include the minimum sentence ranges recommended under the guidelines

for all offenders – both first-time and habitual.

The appropriate sentence ranges for habitual offenders are calculated as

follows:

GeneralInformationandInstructions

Second Habitual Offender (HO2) – increase the upper limit of

the appropriate cell by 25%.

Third Habitual Offender (HO3) – increase the upper limit of

the appropriate cell by 50%.

Fourth Habitual Offender (HO4) – increase the upper limit of

the appropriate cell by 100%.

StepIV.DeterminetheRecommendedMinimumSen‐

tenceRange

A. Using the Sentencing Grids

Sentencing grids for all offenses to which the guidelines apply are located in

MCL 777.61 to 777.69. There are nine different grids, one each for crimes in

classes A, B, C, D, E, F, G, and H, and one for second-degree murder (M2).

Each sentencing grid is divided into “cells” corresponding to the number of

offense variable (OV) levels and prior record variable (PRV) levels applicable

to the crime class represented in the grid. An offender’s recommended

minimum sentence range is indicated by the numeric range in the cell

located at the intersection of the offender’s “OV level” (vertical axis) and

“PRV level” (horizontal axis) on the appropriate sentencing grid. MCL

777.21(1)(c). The recommended minimum sentence in each cell is

expressed by a range of numbers (in months) or life imprisonment (“L”).

Specific cells in some sentencing grids are differentiated from other cells by

their classification as prison cells, straddle cells, and intermediate sanction

cells.

1. Prison cells are those cells for which the minimum sentence

recommended exceeds one year of imprisonment. Prison cells are

those cells that are unmarked in the sentencing grids, i.e., not

shaded (as are straddle cells) and not asterisked (as are

intermediate sanction cells). When an offender’s OV and PRV

levels place him or her in a prison cell, a minimum sentence within

the range indicated in the cell is an appropriate sentence.

Under MCL 769.12(1)(a), a mandatory minimum sentence of 25 years’ imprisonment must be

imposed if a fourth habitual offender has been convicted of three or more prior felonies or felony

attempts, including at least one “[l]isted prior felony” as defined in MCL 769.12(6)(a), and the

offender is convicted of committing or conspiring to commit a subsequent “[s]erious crime” as

defined in MCL 769.12(6)(c).

These commonly-used terms are not, however, expressly used in statutes governing application

of the sentencing guidelines.

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GeneralInformationandInstructions

2. Straddle cells are those cells in which the lower limit of the

recommended range is one year or less and the upper limit of the

recommended range is more than 18 months. MCL 769.34(4)(c).

Straddle cells appear shaded in the sentencing grids. When an

offender’s OV and PRV levels place him or her in a straddle cell, a

minimum sentence within the range indicated in the cell OR an

intermediate sanction (with or without a jail term of not more than

12 months) is an appropriate sentence. Id.

3. Intermediate sanction cells are those cells in which the upper

limit recommended by the guidelines is 18 months or less. MCL

769.34(4)(a). These cells are marked with an asterisk in the

sentencing grids. When an offender’s OV and PRV levels place

him or her in an intermediate sanction cell, an intermediate

sanction is required “unless the court states on the record

reasonable grounds to sentence the individual to incarceration in a

county jail for not more than 12 months or to the jurisdiction of the

department of corrections for any sentence over 12 months.” Id.

B. Additional Sentencing Considerations

1. Where the guidelines range will violate a statutorily mandated

minimum sentence, the sentencing judge must sentence the

offender to the minimum sentence mandated by statute. This is

not a departure. MCL 769.34(2)(a).

2. The minimum sentence may not in any case (including a

departure) exceed two-thirds of the statutory maximum sentence.

MCL 769.34(2)(b).

3. Where the recommended minimum sentence under the guidelines

falls in an intermediate sanction cell, an intermediate sanction

must be imposed “unless the court states on the record

reasonable grounds to sentence the individual to incarceration[.]”

MCL 769.34(4)(a). Where the recommended minimum sentence

under the guidelines falls in a straddle cell, a minimum sentence

within the range or an intermediate sanction—with or without a

term of not more than 12 months in jail—must be imposed, absent

a departure. MCL 769.34(4)(c)(i)-(ii).

4. If a statute mandates a minimum sentence for an offense and the

statute authorizes the sentencing judge to impose a sentence that

is less than that minimum sentence, imposing a sentence that

exceeds the recommended sentence range but is less than the

mandatory minimum sentence is not a departure from the

guidelines. MCL 769.34(2)(a).

5. The calculated guidelines range is advisory only. A judge has

discretion to depart from the guidelines range without articulating

GeneralInformationandInstructions

substantial and compelling reasons to do so, but must justify the

sentence imposed in order to facilitate appellate review, and the

sentence imposed must be reasonable. MCL 769.34(3); People v

Lockridge, 498 Mich 358, 391-392 (2015).

STEPV.RequirementsforDepartingfromtheMini‐

mumRange

“A court may depart from the appropriate sentence range established under

the sentencing guidelines . . . if the departure is reasonable and the court

states on the record the reasons for departure.” MCL 769.34(3).

A departure sentence is reasonable if it fulfills the principle of proportionality

test that was in place under People v Milbourn, 435 Mich 630 (1990), and

reaffirmed in People v Babcock, 469 Mich 247, 263 (2003), and People v

Smith, 482 Mich 292, 304-305 (2008), for sentences imposed under the

former judicial sentencing guidelines. People v Steanhouse, 500 Mich 453,

473 (2017), aff’g in part and rev’g in part 313 Mich App 1 (2015). A departure

sentence is not presumptively unreasonable. Steanhouse, 500 Mich at 474-

475. The Court of Appeals in Steanhouse noted that the following principles

historically guided courts in fashioning a proportionate sentence:

• A sentence must take into account the nature of the offense

and the background of the offender, and it must be

proportionate to the seriousness of the circumstances

surrounding the offense and the offender.

• Departures are appropriate where the guidelines do not

adequately account for important factors legitimately

considered at sentencing, and where the recommended range

under the guidelines is disproportionate, in either direction, to

the seriousness of the crime.

• The extent of the departure may violate the principle of

proportionality.

• Relevant factors may include, among others, (1) the

seriousness of the offense; (2) factors not considered by the

guidelines, such as the relationship between the victim and the

aggressor, the defendant’s misconduct while in custody, the

defendant’s expressions of remorse, and the defendant’s

potential for rehabilitation; and (3) factors that were

inadequately considered by the guidelines in a particular case.

See Step V for additional discussion of departure sentences.

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GeneralInformationandInstructions

Steanhouse, 313 Mich App at 45-46, citing People v Houston, 448 Mich 312,

321, 323-324 (1995); Milbourn, 435 Mich at 636, 651, 656-657, 659-660.

If the judge imposes a minimum sentence that is longer or more severe than the

appropriate sentence range, the court must advise the defendant on the record

and in writing that he or she may appeal the sentence as provided by law on

grounds that it is longer or more severe than the appropriate sentence range.

MCL 769.34(7).

GeneralInformationandInstructions

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Definitions

This list is not meant to be exhaustive. Some prior record variables and offense variables

are subject to definitions and instructions unique to those variables.

Adjudication: An adjudication is a finding of responsibility in a juvenile matter. An

adjudication includes an adjudication set aside under MCL 712.18e or one that

has been expunged.

Aircraft: The term as defined in MCL 259.2. MCL 777.1(a).

Cell: The intersection of an offender’s OV level and PRV level in a sentencing

grid.

Conviction: A “conviction” is an adjudication of guilt in a criminal matter. A

conviction includes assignment to MCL 762.11 (Holmes Youthful Trainee Act) and

convictions set aside (expunged) under MCL 780.621—MCL 780.624.

Prior conviction: A conviction that was entered on the offender’s

criminal record before the commission date of the sentencing offense.

Concurrent conviction: A conviction arising from the same course of

conduct as the sentencing offense.

Subsequent conviction: A conviction that was entered on the offender’s

criminal record after the commission date of the sentencing offense and

is unrelated to the conduct from which the sentencing offense arose.

Crime group: All offenses to which the guidelines apply are categorized as

belonging to one of six particular crime groups. The crime groups are: crimes

against a person (person); crimes against property (property); crimes involving a

controlled substance (CS); crimes against public order (pub ord); crimes against

public safety (pub saf); and crimes against public trust (pub trst). MCL 777.5(a)-(f).

Crime class: All offenses to which the guidelines apply are classified as

belonging to one of nine crime classes depending on crime type and seriousness.

Definitions

The crime classes are second-degree murder (M2) and classes A, B, C, D, E, F,

G, and H.

Departure: A departure is defined by statute as a sentence imposed that is not

within the appropriate minimum sentence range established under the sentencing

guidelines. MCL 777.1(b); MCL 769.31(a).

The appropriate minimum sentence range will sometimes be outside the indicated

cell range. There are four statutorily correct or appropriate sentences outside of

specific cell ranges that are not departures. They are: 1) when a mandatory

minimum sentence is required, 2) when the cell exceeds the two-thirds limitation,

3) when a jail sentence is below a cell range in an intermediate sanction cell, and

4) when a jail sentence is below a cell range in a straddle cell.

Felony: A “felony” means a violation of a penal law of this state for which the

offender, upon conviction, may be punished by death or by imprisonment for more

than one year, or an offense expressly designated by law to be a felony.

Convictions under federal law or the law of states other than Michigan are to be

considered felony convictions if the offense was punishable by more than one

year of incarceration or, when the statutory penalty is not available, if the crime

was designated as a felony in the convicting jurisdiction at the time of the prior

conviction.

Grid: Each sentencing grid provides a recommended minimum sentence range

for combinations of the OV and PRV levels for each crime classification.

Guidelines minimum sentence range (guidelines range): The set of numbers

(in months or LIFE) in each grid cell, which the judge may use to determine the

offender’s minimum sentence (absent a departure or other statutorily required

sentence).

Homicide: Any crime in which the death of a human being is an element of that

crime. MCL 777.1(c).

Intermediate sanction: Any sanction, other than imprisonment in a county jail,

state prison, or state reformatory, which may lawfully be imposed. MCL 777.1(d);

MCL 769.31(b). Intermediate sanctions include, but are not limited to, one or more

of the following:

1) Inpatient or outpatient drug treatment or participation in a drug treatment

court.

2) Probation with any probation conditions required or authorized by law.

In People v Lockridge, 498 Mich 358, 364-365 (2015), the Michigan Supreme Court rendered the

previously-mandatory sentencing guidelines advisory only.

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Definitions

3) Residential probation.

4) Probation with special alternative incarceration.

5) Mental health treatment.

6) Mental health or substance abuse counseling.

7) Participation in a community corrections program.

8) Community service.

9) Payment of a fine.

10) House arrest.

11) Electronic monitoring.

Juvenile: A person over whom the Juvenile Division of the Probate Court or the

Family Division of the Circuit Court has or had jurisdiction at the time of

adjudication.

Misdemeanor: A “misdemeanor” means a violation of a penal law of this state

that is not a felony, or a violation of an order, rule, or regulation of a state agency

that is punishable by imprisonment or by a fine that is not a civil fine. Convictions

under federal law or the law of states other than Michigan are to be considered

misdemeanor convictions if the offense was punishable by one year or less of

incarceration or, when the statutory penalty is not available, if the crime was

designated as a misdemeanor in the convicting jurisdiction at the time of the prior

conviction.

Off road vehicle (ORV): The term as defined in MCL 324.81101. MCL 777.1(e).

Offense variables (OVs): The factors that are used to evaluate the seriousness

of the offense and to determine the offender’s OV score.

OV level: An offender’s OV score determines the offender’s OV level. Depending

on the specific sentencing grid, the OV levels are designated by roman numerals

from I to VI along the vertical axis of the grid. The OV level’s numeric designation

increases as the offender’s OV point total increases. The severity of the

corresponding penalty increases successively from OV levels I through VI.

OV score: The total number of points scored for all OVs applicable to the

sentencing offense.

Prior high severity felony conviction: A prior high severity felony conviction is:

(1) a conviction for a crime listed in class M2, A, B, C, or D or for a felony under

federal law or the law of another state that corresponds to a crime listed in class

M2, A, B, C, or D if the conviction was entered before the sentencing offense was

committed; (2) a conviction (entered before the sentencing offense was

Definitions

committed) for a felony punishable by a maximum term of imprisonment of 10

years or more that is not listed in class M2, A, B, C, D, E, F, G, or H; or (3) a

conviction (entered before the sentencing offense was committed) under federal

law or the law of another state for a felony punishable by a maximum term of

imprisonment of 10 years or more that does not correspond to a crime listed in

class M2, A, B, C, D, E, F, G, or H. MCL 777.51(2).

Prior high severity juvenile adjudication: A prior high severity juvenile

adjudication is: (1) a juvenile adjudication for conduct that would be a crime listed

in class M2, A, B, C, or D if committed by an adult or for conduct that would be a

felony under federal law or the law of another state that corresponds to a crime

listed in class M2, A, B, C, or D if committed by an adult if the order of disposition

was entered before the sentencing offense was committed; or (2) an adjudication

(entered before the sentencing offense was committed) for conduct that if

committed by an adult would be a felony punishable by a maximum term of

imprisonment of 10 years or more that is not listed in class M2, A, B, C, D, E, F, G,

or H; or (3) an adjudication (entered before the sentencing offense was

committed) for conduct that if committed by an adult would be a felony under

federal law or the law of another state punishable by a maximum term of

imprisonment of 10 years or more that does not correspond to a crime listed in

class M2, A, B, C, D, E, F, G, or H. MCL 777.53(2).

Prior low severity felony conviction: A prior low severity felony conviction is: (1)

a conviction for a crime listed in class E, F, G, or H or for a felony under federal

law or the law of another state that corresponds to a crime listed in class E, F, G,

or H if the conviction was entered before the sentencing offense was committed;

or (2) a conviction (entered before the sentencing offense was committed) for a

crime punishable by a maximum term of imprisonment of less than 10 years that

is not listed in class M2, A, B, C, D, E, F, G, or H; or (3) a conviction (entered

before the sentencing offense was committed) under federal law or the law of

another state for a crime punishable by a maximum term of imprisonment of less

than 10 years that does not correspond to a crime listed in class M2, A, B, C, D, E,

F, G, or H. MCL 777.52(2).

Prior low severity juvenile adjudication: A prior low severity juvenile

adjudication is: (1) an adjudication for conduct that would be a crime listed in class

E, F, G, or H if committed by an adult or for conduct that would be a felony under

federal law or the law of another state that corresponds to a crime listed in class

E, F, G, or H if committed by an adult if the order of disposition was entered before

the sentencing offense was committed; (2) an adjudication (entered before the

sentencing offense was committed) for conduct that if committed by an adult

would be a crime punishable by a maximum term of imprisonment of less than 10

years that is not listed in class M2, A, B, C, D, E, F, G, or H; or (3) an adjudication

(entered before the sentencing offense was committed) for conduct that if



Definitions

committed by an adult would be a crime under federal law or the law of another

state punishable by a maximum term of imprisonment of less than 10 years that

does not correspond to a crime listed in class M2, A, B, C, D, E, F, G, or H. MCL

777.54(2).

Prior misdemeanor conviction: A conviction for a misdemeanor under a law of

this state, a political subdivision of this state, another state, a political subdivision

of another state, or of the United States if the conviction was entered before the

sentencing offense was committed. MCL 777.55(3)(a).

Prior misdemeanor juvenile adjudication: A juvenile adjudication for conduct

that if committed by an adult would be a misdemeanor under a law of this state, a

political subdivision of this state, another state, a political subdivision of another

state, or of the United States if the order of disposition was entered before the

sentencing offense was committed. MCL 777.55(3)(b).

Prior record variables (PRVs): The factors used to evaluate the offender’s

criminal history and determine the offender’s PRV score.

PRV level: An offender’s PRV score determines the offender’s PRV level. An

offender’s PRV level is represented on the horizontal axis of each sentencing grid

and is designated by capital letters from A to F according to the offender’s PRV

point total. PRV level A represents the column with the least number of points and

PRV level F represents the column with the highest number of points. As with the

OV level values, the severity of penalty increases with an offender’s transit from

PRV level A up to PRV level F. The point values corresponding with PRV levels A

through F are the same for all nine sentencing grids so that an offender’s criminal

history is equally weighted no matter what the severity of the sentencing offense.

PRV score: The total number of points scored for all seven PRVs.

Snowmobile: The term as defined in MCL 324.82101. MCL 777.1(f).

Truth in sentencing (TIS): A designation of those felony offenses that are

subject to disciplinary time if committed on or after December 15, 1998. Persons

convicted of TIS offenses committed on or after December 15, 1998, do not earn

disciplinary credits and must serve at least the complete minimum sentence

imposed by the court in a secure facility before becoming eligible for parole, with

the exception of a few offenses for which there is Special Alternative Incarceration

eligibility. Prisoners subject to TIS will be assessed “disciplinary time” for

institutional misconduct, which is not added directly to the minimum sentence but

is submitted to the parole board for its consideration in granting or denying parole.

TIS is extended to all felony offenses committed on or after December 15, 2000.

Vehicle: The term as defined in MCL 257.79. MCL 777.1(g).

Definitions

Vessel: The term as defined in MCL 324.80104. MCL 777.1(h).

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PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

PRV 1

Prior High Severity Felony Convictions

MCL 777.51

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

3 or more prior high severity felony

convictions. MCL 777.51(1)(a).

A “prior high severity felony conviction” is a conviction for any

of the following crimes, if the conviction was entered before the

sentencing offense was committed*:

• a crime listed in class M2, A, B, C, or D (or a felony

under federal law or the law of another state that

corresponds to a crime listed in class M2, A, B, C, or

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of 10 years or more. MCL 777.51(2).

* The language “if the conviction was entered before the sentencing offense was committed” was added

by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

2 prior high severity felony convictions.

MCL 777.51(1)(b).

1 prior high severity felony conviction.

MCL 777.51(1)(c).

No prior high severity felony convictions.

MCL 777.51(1)(d).

PRV 2

Prior Low Severity Felony Convictions

MCL 777.52

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

4 or more prior low severity felony

convictions. MCL 777.52(1)(a).

A “prior low severity felony conviction” is a conviction for any

of the following crimes, if the conviction was entered before the

sentencing offense was committed*:

• a crime listed in class E, F, G, or H (or a felony under

federal law or the law of another state that

corresponds to a crime listed in class E, F, G, or H)

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of less than 10 years. MCL 777.52(2).

* The language “if the conviction was entered before the sentencing offense was committed” was added

by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

3 prior low severity felony convictions.

MCL 777.52(1)(b).

2 prior low severity felony convictions.

MCL 777.52(1)(c).

1 prior low severity felony conviction.

MCL 777.52(1)(d).

No prior low severity felony convictions.

MCL 777.52(1)(e).

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PRVs and OVs - Crimes Against a Person

PRV 3

Prior High Severity Juvenile Adjudications

MCL 777.53

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

3 or more prior high severity juvenile

adjudications. MCL 777.53(1)(a).

A “prior high severity juvenile adjudication” is an adjudication

for conduct that would be any of the following if committed by an

adult, if the order of disposition was entered before the sentencing

offense was committed*:

• a crime listed in class M2, A, B, C, or D (or a felony

under federal law or the law of another state that

corresponds to a crime listed in class M2, A, B, C, or

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of 10 years or more. MCL 777.53(2).

* The language “any of the following if committed by an adult, if the order of disposition was entered

before the sentencing offense was committed” was added by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

2 prior high severity juvenile

adjudications. MCL 777.53(1)(b).

1 prior high severity juvenile

adjudication. MCL 777.53(1)(c).

No prior high severity juvenile

adjudications. MCL 777.53(1)(d).

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PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

PRV 4

Prior Low Severity Juvenile Adjudications

MCL 777.54

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Shaded areas in the chart below represent point values that are not scored for current offenses.

Pts The offender has: Instructions

6 or more prior low severity juvenile

adjudications. MCL 777.54(1)(a).

A “prior low severity juvenile adjudication” is an adjudication

for conduct that would be any of the following if committed by an

adult, if the order of disposition was entered before the sentencing

offense was committed**:

• a crime listed in class E, F, G, or H (or a felony under

federal law or the law of another state that

corresponds to a crime listed in class E, F, G, or H)

• (for offenses committed on or after January 9,

2007***) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of less than 10 years. MCL 777.54(2).

* See 2000 PA 279, effective October 1, 2000.

** The language “any of the following if committed by an adult, if the order of disposition was entered

before the sentencing offense was committed” was added by 2006 PA 655, effective January 9, 2007.

*** See 2006 PA 655, effective January 9, 2007.

(Score only for offenses committed on

or after October 1, 2000*) 5 prior low

severity juvenile adjudications. MCL

777.54(1)(b).

(Score only for offenses committed on

or after October 1, 2000*) 3 or 4 prior

low severity juvenile adjudications. MCL

777.54(1)(c) (formerly MCL

777.54(1)(b)*).

(Score only for offenses committed

before October 1, 2000*) 4 or 5 prior

low severity juvenile adjudications.

Former MCL 777.54(1)(b).

(Score only for offenses committed on

or after October 1, 2000*) 2 prior low

severity juvenile adjudications. MCL

777.54(1)(d) (formerly MCL

777.54(1)(c)*).

(Score only for offenses committed

before October 1, 2000*) 2 or 3 prior

low severity juvenile adjudications.

Former MCL 777.54(1)(c).

1 prior low severity juvenile adjudication.

MCL 777.54(1)(e) (formerly MCL

777.54(1)(d)*).

No prior low severity juvenile

adjudications. MCL 777.54(1)(f)

(formerly MCL 777.54(1)(e)*).

PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

PRV 5

Prior Misdemeanor Convictions or Prior Misdemeanor Juvenile Adjudications

MCL 777.55

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

7 or more prior misdemeanor convictions

or prior misdemeanor juvenile

adjudications. MCL 777.55(1)(a).

A “prior misdemeanor conviction” is a conviction:

• for a misdemeanor offense under Michigan law or

the law of a political subdivision of Michigan, or

under the law of another state or a political

subdivision of another state, or under the law of the

United States,

• if the conviction was entered before the sentencing

offense was committed. MCL 777.55(3)(a).

A “prior misdemeanor juvenile adjudication” is a juvenile

adjudication:

• for conduct that, if committed by an adult, would be

a misdemeanor under Michigan law or the law of a

political subdivision of Michigan, or under the law of

another state or a political subdivision of another

state, or under the law of the United States,

• if the order of disposition for the juvenile

adjudication was entered before the sentencing

offense was committed. MCL 777.55(3)(b).

5 or 6 prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(b).

3 or 4 prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(c).

2 prior misdemeanor convictions or prior

misdemeanor juvenile adjudications.

MCL 777.55(1)(d).

1 prior misdemeanor conviction or prior

misdemeanor juvenile adjudication. MCL

777.55(1)(e).

No prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(f).

Special Instructions for PRV 5:

• A prior conviction used to enhance the sentencing offense to a felony may not be counted under PRV 5.

MCL 777.55(2)(a); MCL 777.55(2)(b).

• (For offenses committed on or after October 1, 2000*) Only the following may be counted as “a prior

misdemeanor conviction” or “a prior misdemeanor juvenile adjudication” for purposes of scoring PRV 5:

• a prior misdemeanor conviction or prior misdemeanor juvenile adjudication that is an offense against a

person or property, a controlled substance offense, or a weapon offense, MCL 777.55(2)(a),** and

• all prior misdemeanor convictions and prior misdemeanor juvenile adjudications for operating or

attempting to operate a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive while under the

influence of or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled

substance, MCL 777.55(2)(b).***

* See 2000 PA 279, effective October 1, 2000.

** For offenses committed prior to October 1, 2000, count a prior misdemeanor conviction or juvenile adjudication under former MCL 777.55(2)(a) “only if it is a crime against a person or property, a controlled

substance crime, or a weapon offense enumerated in . . . MCL 750.222 to [MCL] 750.239a.” See 2000 PA 279, effective October 1, 2000.

*** For offenses committed prior to October 1, 2000, count “all prior misdemeanor convictions and prior misdemeanor juvenile adjudications for operating a vehicle, vessel, aircraft, or locomotive while under the

influence of or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled substance.” Former MCL 777.55(2)(b). See 2000 PA 279, effective October 1, 2000.

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PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

PRV 6

Relationship to Criminal Justice System

MCL 777.56

Pts

Instructions

Offender is a prisoner of the department

of corrections or serving a sentence in jail

(including an individual who is an

escapee). MCL 777.56(1)(a); MCL

777.56(3)(b).

• PRV 6 assesses points based on an offender’s

relationship to the criminal justice system at the time the

sentencing offense was committed.*

• The appropriate point value under PRV 6 should be

assessed against an offender who is involved with the

criminal justice system in another state or the United

States. MCL 777.56(2).

• “Delayed sentence status” includes (but is not limited

to) assignment or deferral under MCL 333.7411

(deferral for certain controlled substance offenses),

MCL 600.1076(4) (deferral involving drug treatment

courts), MCL 750.350a (deferral under limited

circumstances for parental kidnapping), MCL 750.430

(deferral for impaired healthcare professionals), MCL

762.11—MCL 762.15 (assignment to youthful trainee

status), and MCL 769.4a (deferral under limited

circumstances for domestic assault). MCL

777.56(3)(a)(i)-(vi).**

* See People v Johnson (Angelo), 293 Mich App 79, 85 (2011); People v Endres, 269 Mich App 414, 422-

423 (2006).

** See 2004 PA 220, effective January 1, 2005 (inserting MCL 777.56(3)(a)(ii) (referring to deferral under

MCL 600.1076(4)) and MCL 777.56(3)(a)(iv) (referring to deferral under MCL 750.430) and redesignating

former MCL 777.56(3)(a)(ii)-(iv) accordingly).

Offender is incarcerated in jail awaiting

adjudication or sentencing on a

conviction or probation violation. MCL

777.56(1)(b).

Offender is on parole, probation, or

delayed sentence status or on bond

awaiting adjudication or sentencing for a

felony. MCL 777.56(1)(c).

Offender is on probation or delayed

sentence status or on bond awaiting

adjudication or sentencing for a

misdemeanor. MCL 777.56(1)(d).

Offender has no relationship to the

criminal justice system. MCL

777.56(1)(e).

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PRVs and OVs - Crimes Against a Person

PRV 7

Subsequent or Concurrent Felony Convictions

MCL 777.57

Pts The offender has:

Instructions

2 or more subsequent or concurrent

felony convictions. MCL 777.57(1)(a).

• The appropriate point value under PRV 7 should be

assessed if the offender was convicted of multiple felony

counts or was convicted of a felony after the sentencing

offense was committed. MCL 777.57(2)(a).

• A conviction for felony-firearm may not be counted

under PRV 7. MCL 777.57(2)(b).

• A concurrent felony conviction that will result in a

mandatory* consecutive sentence may not be counted

under PRV 7. MCL 777.57(2)(c).

• (For offenses committed on or after March 1,

2003**) A concurrent felony conviction that will result

in a consecutive sentence imposed under MCL

333.7401(3) may not be counted under PRV 7. MCL

777.57(2)(c).

* The word “mandatory” was added to MCL 777.57(2)(c) by 1999 PA 227, effective December 28, 1999.

** 2002 PA 666, effective March 1, 2003.

1 subsequent or concurrent felony

conviction. MCL 777.57(1)(b).

No subsequent or concurrent felony

convictions. MCL 777.57(1)(c).

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PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

OV 1

Aggravated Use of Weapon

MCL 777.31

OV 1 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

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. MCL 777.31(1)(a).

• Each person who was placed in danger of injury or

loss of life is counted as a victim for purposes of scoring

OV 1. MCL 777.31(2)(a).

• In multiple offender cases, if one offender is assigned

points for the presence or use of a weapon, all offenders

must be assigned the same number of points. MCL

777.31(2)(b).

• Score five points if an offender used an object to

suggest the presence of a weapon. MCL 777.31(2)(c).

• (For offenses committed on or after October 23,

2001**) Score five points if an offender used a chemical

irritant, a chemical irritant device, a smoke device, or an

imitation harmful substance or device. MCL

777.31(2)(d).

• Do not score five points if the conviction offense is a

violation of MCL 750.82 (felonious assault) or MCL

750.529 (armed robbery). MCL 777.31(2)(e).

• “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” are defined in MCL 750.200h.

MCL 777.31(3)(a).**

• “Incendiary device” includes gasoline or any other

flammable substance, a blowtorch, fire bomb, Molotov

cocktail, or other similar device. MCL 777.31(3)(b).**

* See 2002 PA 137, effective April 22, 2002, inserting MCL 777.31(1)(b) and relettering former MCL

777.31(1)(b)-(e) as MCL 777.31(1)(c)-(f).

** See 2001 PA 136, effective October 23, 2001, inserting MCL 777.31(2)(d), relettering former MCL

777.31(2)(d) as MCL 777.31(2)(e), and adding former MCL 777.31(3) (now MCL 777.31(3)(a)). See also

2002 PA 137, effective April 22, 2002, adding MCL 777.31(3)(b) and amending former MCL 777.31(3)

(redesignated MCL 777.31(3)(a)). Consult former versions of MCL 777.31 for crimes committed before

April 22, 2002.

(Score only for offenses committed on or

after April 22, 2002*) 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.

MCL 777.31(1)(b).

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. MCL 777.31(1)(c) (formerly MCL

777.31(1)(b)*).

The victim was touched by any other type of

weapon. MCL 777.31(1)(d) (formerly MCL

777.31(1)(c)*).

A weapon was displayed or implied. MCL

777.31(1)(e) (formerly MCL

777.31(1)(d)*).

No aggravated use of a weapon occurred.

MCL 777.31(1)(f) (formerly MCL

777.31(1)(e)*).

PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

OV 2

Lethal Potential of Weapon Possessed or Used*

MCL 777.32

OV 2 is scored for crimes against a person, crimes against property, and crimes involving a controlled substance. See MCL

777.22.

Pts Instructions

(Score only for offenses committed on or

after October 23, 2001*) 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.

MCL 777.32(1)(a).

• In multiple offender cases, if one offender is assessed

points for possessing a weapon, all offenders must be

assessed the same number of points. MCL 777.32(2).

• (For offenses committed on or after October 23,

2001*) “Harmful biological substance,” “harmful

biological device,” “harmful chemical substance,”

“harmful chemical device,” “harmful radioactive

material,” and “harmful radioactive device” are defined

in MCL 750.200h. MCL 777.32(3)(a).

• “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. MCL 777.32(3)(b) (formerly MCL

777.32(3)(a)*).

• “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. MCL 777.32(3)(c) (formerly MCL

777.32(3)(b)*).

• “Incendiary device” includes gasoline or any other

flammable substance, a blowtorch, fire bomb, Molotov

cocktail, or other similar device. MCL 777.32(3)(d)

(formerly MCL 777.32(3)(c)*).

* See 2001 PA 136, effective October 23, 2001, inserting MCL 777.32(1)(a) and MCL 777.32(3)(a); adding

“or used” to the introductory paragraph in MCL 777.32(1) and to all point-allocation subsections;

redesignating former MCL 777.32(1)(a)-(e) as MCL 777.32(1)(b)-(f); and redesignating former MCL

777.32(3)(a)-(c) as MCL 777.32(3)(b)-(d).

The offender possessed or used* an

incendiary device, an explosive device, or a

fully automatic weapon. MCL 777.32(1)(b).

The offender possessed or used* a short-

barreled rifle or a short-barreled shotgun.

MCL 777.32(1)(c).

The offender possessed or used* a pistol,

rifle, shotgun, or knife or other cutting or

stabbing weapon. MCL 777.32(1)(d).

The offender possessed or used* any other

potentially lethal weapon. MCL

777.32(1)(e).

The offender possessed or used* no weapon.

MCL 777.32(1)(f).

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PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

OV 3

Physical Injury to Victim

MCL 777.33

OV 3 is scored for all felony offenses. See MCL 777.22.

The shaded area in the chart below represents a point value that is not scored for current offenses.

Pts Instructions

100

A victim was killed. MCL 777.33(1)(a); see

also MCL 777.33(2)(b).

• In multiple offender cases, if one offender is assessed

points for death or physical injury, all offenders must be

assessed the same number of points. MCL 777.33(2)(a).

• Score 100 points if death results from the commission

of a crime and homicide is not the sentencing offense.

MCL 777.33(2)(b). Any crime in which the death of a

human being is an element of the crime is a “homicide.”

MCL 777.1(c).

• (For offenses committed on or after September 30,

2003*) Score 50 points if death results from the

commission of a crime and the offense or attempted

offense involves the operation of a vehicle, vessel, ORV,

snowmobile, aircraft, or locomotive and any of the

following apply:

• the offender was under the influence of or visibly

impaired by the use of alcoholic liquor, a controlled

substance, or a combination of alcoholic liquor and

a controlled substance, MCL 777.33(2)(c)(i);

• the offender had an alcohol content of 0.08 grams

or more (or, beginning October 1, 2021, 0.10

grams or more) per 100 milliliters of blood, per 210

liters of breath, or per 67 milliliters of urine, MCL

777.33(2)(c)(ii); or

• the offender’s body contained any amount of a

controlled substance listed in schedule 1 under

MCL 333.7212 or a rule promulgated under that

section, or a controlled substance described in MCL

333.7214(a)(iv), MCL 777.33(2)(c)(iii).

• Do not score five points if bodily injury is an element

of the sentencing offense. MCL 777.33(2)(d) (formerly

MCL 777.33(2)(c)**).

• “Requiring medical treatment” refers to the necessity

for treatment and not the victim’s success in obtaining

treatment. MCL 777.33(3).

* See 2003 PA 134, effective September 30, 2003. See also 2013 PA 24, effective May 9, 2013.

** See 2000 PA 279, effective October 1, 2000.

(Score only for offenses committed on or

after September 30, 2003*) A victim was

killed. MCL 777.33(1)(b); see also MCL

777.33(2)(c).

(Score only for offenses committed on or

after October 1, 2000,** and before

September 30, 2003*) A victim was killed,

where death results from the commission of

a crime and the elements of the offense or

attempted offense involve the operation of a

vehicle, vessel, ORV, snowmobile, aircraft,

or locomotive under the influence or while

impaired causing death. Former MCL

777.33(1)(b); former MCL 777.33(2)(c).

Life threatening or permanent incapacitating

injury occurred to a victim. MCL

777.33(1)(c) (formerly MCL

777.33(1)(b)**).

Bodily injury requiring medical treatment

occurred to a victim. MCL 777.33(1)(d)

(formerly MCL 777.33(1)(c)**).

Bodily injury not requiring medical

treatment occurred to a victim, where bodily

injury is not an element of the sentencing

offense. MCL 777.33(1)(e) (formerly MCL

777.33(1)(d)**); MCL 777.33(2)(d)

(formerly MCL 777.33(2)(c)**).

No physical injury occurred to a victim.

MCL 777.33(1)(f) (formerly MCL

777.33(1)(e)**).

PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

OV 4

Psychological Injury to Victim

MCL 777.34

OV 4 is scored for all felony offenses except crimes involving a controlled substance. See MCL 777.22.

Pts Instructions

Serious psychological injury requiring

professional treatment occurred to a victim.

MCL 777.34(1)(a).

Score ten points if the victim’s serious psychological injury may

require professional treatment. The fact that treatment has not

been sought is not conclusive. MCL 777.34(2).

* This statement was added to MCL 777.34(1) by 2018 PA 652, effective March 28, 2019.

For a conviction under MCL 750.50b,

serious psychological injury requiring

professional treatment occurred to the owner

of a companion animal. MCL 777.34(1)(b).*

No serious psychological injury requiring

professional treatment occurred to a victim.

MCL 777.34(1)(c).

OV 5

Psychological Injury to Member of Victim’s Family

MCL 777.35

OV 5 is scored only for crimes against a person. Score only if the sentencing offense is homicide, attempted homicide,

conspiracy or solicitation to commit a homicide, or, for offenses committed on or after October 1, 2000,* assault with

intent to commit murder. See MCL 777.22.

Pts Instructions

Serious psychological injury requiring

professional treatment occurred to a

victim’s* family. MCL 777.35(1)(a).

• Score 15 points if the serious psychological injury may

require professional treatment. The fact that treatment

has not been sought is not conclusive. MCL 777.35(2).

• Score OV 5 only if the sentencing offense is homicide,

attempted homicide, conspiracy or solicitation to

commit a homicide, or, for offenses committed on or

after October 1, 2000,* assault with intent to commit

murder. MCL 777.22(1). Any crime in which the death

of a human being is an element of the crime is a

“homicide.” MCL 777.1(c).

*See 2000 PA 279, effective October 1, 2000, amending MCL 777.22(1) to add assault with intent to

commit murder to the list of offenses to which OV 5 applies, and amending MCL 777.35(1)(a)-(b) to

replace the phrase “homicide victim’s” with the word “victim’s.”

No serious psychological injury requiring

professional treatment occurred to a

victim’s* family. MCL 777.35(1)(b).



PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

OV 6

Offender’s Intent to Kill or Injure Another Individual

MCL 777.36

OV 6 is scored only for crimes against a person. Score only if the sentencing offense is homicide, attempted homicide,

conspiracy or solicitation to commit a homicide, or, for offenses committed on or after October 1, 2000,* assault with

intent to commit murder. See MCL 777.22.

Pts Instructions

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. MCL

777.36(1)(a).

• Unless the sentencing court has information that was

not presented to the jury, an offender’s OV 6 score must

be consistent with a jury verdict. MCL 777.36(2)(a).

• Ten points must be scored 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. MCL 777.36(2)(b).

• Score OV 6 only if the sentencing offense is homicide,

attempted homicide, conspiracy or solicitation to

commit a homicide, or, for offenses committed on or

after October 1, 2000,* assault with intent to commit

murder. MCL 777.22(1). Any crime in which the death

of a human being is an element of the crime is a

“homicide.” MCL 777.1(c).

• If points are assessed against the offender under OV 6,

ten points may not be scored under OV 17. MCL

777.47(2).

*See 2000 PA 279, effective October 1, 2000, amending MCL 777.22(1) to add assault with intent to

commit murder to the list of offenses to which OV 6 applies.

The offender had unpremeditated intent to

kill, had 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. MCL

777.36(1)(b).

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. MCL

777.36(1)(c).

The offender had no intent to kill or injure.

MCL 777.36(1)(d).

PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

OV 7

Aggravated Physical Abuse

MCL 777.37

OV 7 is scored only for crimes against a person. See MCL 777.22.

Pts Instructions

(Score only for offenses committed on or

after January 5, 2016**) 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.* MCL 777.37(1)(a).

(Score only for offenses committed before

January 5, 2016**) A victim was treated

with sadism, torture, or excessive brutality

or conduct designed to substantially increase

the fear and anxiety a victim suffered during

the offense.* Former MCL 777.37(1)(a).

• (For offenses committed on or after April 22,

2002*) Each person who was placed in danger of injury

or loss of life is a victim for purposes of scoring OV 7.

MCL 777.37(2).

• “Sadism” is “conduct that subjects a victim to extreme

or prolonged pain or humiliation and is inflicted to

produce suffering or for the offender’s gratification.”

MCL 777.37(3) (formerly MCL 777.37(2)(b)*).

* See 2002 PA 137, effective April 22, 2002. 2002 PA 137 deleted the term “terrorism” from the lists of

offender behavior contained in MCL 777.37(1)(a)-(b); however, the conduct previously defined as

“[t]errorism” in former MCL 777.37(2)(a) is still contemplated by OV 7 (“conduct designed to substantially

increase the fear and anxiety a victim suffered during the offense”).

** See 2015 PA 137, effective January 5, 2016.

(Score only for offenses committed on or

after January 5, 2016**) 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.* MCL 777.37(1)(b).

(Score only for offenses committed before

January 5, 2016**) No victim was treated

with sadism, torture, or excessive brutality

or conduct designed to substantially increase

the fear and anxiety a victim suffered during

the offense.* Former MCL 777.37(1)(b).



PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

OV 8

Victim Asportation or Captivity

MCL 777.38

OV 8 is scored only for crimes against a person. See MCL 777.22.

Pts Instructions

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. MCL

777.38(1)(a).

• Each person who was placed in danger of injury or

loss of life is a victim for purposes of scoring OV 8.

MCL 777.38(2)(a).

• Zero points must be scored if the sentencing offense is

kidnapping. MCL 777.38(2)(b).

No victim was asported or held captive, or

the sentencing offense is kidnapping. MCL

777.38(1)(b); MCL 777.38(2)(b).

PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

OV 9

Number of Victims

MCL 777.39

OV 9 is scored for all felony offenses except crimes involving a controlled substance. See MCL 777.22.

Shaded areas in the chart below represent point values that are not

scored for current offenses.

Pts Instructions

100

Multiple deaths occurred in a homicide

case. MCL 777.39(1)(a); MCL

777.39(2)(b).

• (For offenses committed before March 30, 2007*)

Count each person who was placed in danger of injury

or loss of life as a “victim” for purposes of scoring OV

9. Former MCL 777.39(2)(a).

• (For offenses committed on or after March 30,

2007*) Count each person who was placed in danger of

physical injury or loss of life or property as a “victim”

for purposes of scoring OV 9. MCL 777.39(2)(a).

• Score 100 points only in homicide cases. MCL

777.39(2)(b). Any crime in which the death of a human

being is an element of the crime is a “homicide.” MCL

777.1(c).

* See 2006 PA 548, effective March 30, 2007.

(Score only for offenses committed on or

after March 30, 2007*) 10 or more victims

were placed in danger of physical injury or

death, or 20 or more victims were placed in

danger of property loss. MCL 777.39(1)(b).

(Score only for offenses committed

before March 30, 2007*) 10 or more

victims were placed in danger of injury or

loss of life. Former MCL 777.39(1)(b);

former MCL 777.39(2)(a).

(Score only for offenses committed on or

after March 30, 2007*) 2 to 9 victims were

placed in danger of physical injury or death,

or 4 to 19 victims were placed in danger of

property loss. MCL 777.39(1)(c).

(Score only for offenses committed

before March 30, 2007*) 2 to 9 victims

were placed in danger of injury or loss of

life. Former MCL 777.39(1)(c); former

MCL 777.39(2)(a).

(Score only for offenses committed on or

after March 30, 2007*) Fewer than 2

victims were placed in danger of physical

injury or death, or fewer than 4 victims

were placed in danger of property loss.

MCL 777.39(1)(d).

(Score only for offenses committed

before March 30, 2007*) Fewer than 2

victims were placed in danger of injury or

loss of life. Former MCL 777.39(1)(d);

former MCL 777.39(2)(a).



PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

OV 10

Exploitation of Vulnerable Victim

MCL 777.40

OV 10 is scored for all felony offenses except crimes involving controlled substances. See MCL 777.22.

Pts Instructions

Predatory conduct was involved. MCL

777.40(1)(a).

• The mere existence of one or more of the factors

described in MCL 777.40(1) does not automatically

equate with victim vulnerability. MCL 777.40(2).

• “Predatory conduct” is “preoffense conduct directed at

a victim, or a law enforcement officer posing as a

potential victim,

[*]

for the primary purpose of

victimization.” MCL 777.40(3)(a).

• To “exploit” a victim is “to manipulate a victim for

selfish or unethical purposes. Exploit also means to

violate [MCL 750.50b] for the purpose of manipulating a

victim for selfish or unethical purposes.” MCL

777.40(3)(b).**

• “Vulnerability” is “the readily apparent susceptibility

of a victim to injury, physical restraint, persuasion, or

temptation.” MCL 777.40(3)(c).

• “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.” MCL 777.40(3)(d).

* The phrase “[o]r a law enforcement officer posing as a potential victim” was added to MCL 777.40(3)(a)

by 2014 PA 350, effective October 17, 2014.

** The second sentence in this definition was added to MCL 777.40(3)(b) by 2018 PA 652, effective March

28, 2019.

The offender exploited a victim’s physical

disability, mental disability, or youth or

agedness, or a domestic relationship, or the

offender abused his or her authority status.

MCL 777.40(1)(b).

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. MCL 777.40(1)(c).

The offender did not exploit a victim’s

vulnerability. MCL 777.40(1)(d).

PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

OV 11

Criminal Sexual Penetration

MCL 777.41

OV 11 is scored only for crimes against a person. See MCL 777.22.

Pts Instructions

Two or more criminal sexual penetrations

occurred. MCL 777.41(1)(a).

• All sexual penetrations of the victim by the offender

arising out of the sentencing offense must be counted in

scoring OV 11. MCL 777.41(2)(a).

• Multiple sexual penetrations of the victim by the

offender extending beyond the sentencing offense may

be scored in OVs 12 or 13.* MCL 777.41(2)(b).

However, any conduct that is scored under OV 11 may

not also be scored under OV 12, MCL 777.42(2)(c), and

any conduct that is scored under OV 11 may also be

scored under OV 13 only if the conduct is an offense that

is related to membership in an organized criminal group

or, for sentencing offenses committed on or after

April 1, 2009,** that is gang-related, MCL 777.43(2)(c).

• Any conduct that is scored under OV 11 must not be

scored under OV 12.* MCL 777.42(2)(c).

• Any conduct that is scored under OV 11 may also be

scored under OV 13* only if the conduct is an offense

that is related to membership in an organized criminal

group or, for sentencing offenses committed on or

after April 1, 2009,** that is gang-related. MCL

777.43(2)(c).

• The one penetration that forms the basis of a first- or

third-degree criminal sexual conduct offense must not be

counted for purposes of scoring OV 11. MCL

777.41(2)(c).

* OV 12 addresses criminal acts that occur within 24 hours of the sentencing offense and will not result in a

separate conviction. MCL 777.42(2)(a). OV 13 accounts for an offender’s pattern of criminal conduct over a

period of five years, regardless of whether the crimes resulted in convictions. MCL 777.43(2)(a).

** See 2008 PA 562, effective April 1, 2009.

One criminal sexual penetration occurred.

MCL 777.41(1)(b).

No criminal sexual penetration occurred.

MCL 777.41(1)(c).



PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

OV 12

Contemporaneous Felonious Criminal Acts

MCL 777.42

OV 12 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

Three or more contemporaneous felonious

criminal acts involving crimes against a

person were committed. MCL 777.42(1)(a).

• A felonious criminal act is contemporaneous if both of

the following circumstances exist:

• the criminal act occurred within 24 hours of the

sentencing offense, MCL 777.42(2)(a)(i), and

• the criminal act has not resulted, and will not

result, in a separate conviction, MCL

777.42(2)(a)(ii).

• Violations of MCL 750.227b (possession of a firearm

during the commission of a felony or possession and use

of a pneumatic gun in furtherance of committing or

attempting to commit a felony) should not be counted

when scoring OV 12. MCL 777.42(2)(b).

• Conduct scored in OV 11 must not be scored under OV

12. MCL 777.42(2)(c).

Two contemporaneous felonious criminal

acts involving crimes against a person were

committed. MCL 777.42(1)(b).

Three or more contemporaneous felonious

criminal acts involving other crimes were

committed. MCL 777.42(1)(c).

One contemporaneous felonious criminal

act involving a crime against a person was

committed. MCL 777.42(1)(d).

Two contemporaneous felonious criminal

acts involving other crimes were

committed. MCL 777.42(1)(e).

One contemporaneous felonious criminal

act involving any other crime was

committed. MCL 777.42(1)(f).

No contemporaneous felonious criminal

acts were committed. MCL 777.42(1)(g).

PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

OV 13

Continuing Pattern of Criminal Behavior

MCL 777.43

OV 13 is scored for all felony offenses. See MCL 777.22.

Shaded areas in the chart below represent point values that are not

scored for current offenses.

Pts Instructions

(Score only for sentencing offenses

committed on or after October 1, 2000*) The

offense was part of a pattern of felonious

criminal activity involving 3 or more sexual

penetrations against a person or persons less

than 13 years of age, and the sentencing offense

is first-degree criminal sexual conduct. MCL

777.43(1)(a); MCL 777.43(2)(d).

• In scoring OV 13, all crimes within a five-year period,

including the sentencing offense, must be counted,

without regard to whether the offense resulted in a

conviction. MCL 777.43(2)(a).

• The existence of an organized criminal group may be

reasonably inferred from the facts surrounding the

sentencing offense, and the fact of the group’s existence

is more important than the presence or absence of

multiple offenders, the age of the offenders, or the

degree of sophistication of the organized criminal group.

MCL 777.43(2)(b).

• Do not consider conduct scored in OVs 11 or 12,

except for offenses related to membership in an

organized criminal group or (for sentencing offenses

committed on or after April 1, 2009**) that are gang-

related. MCL 777.43(2)(c).

• (For sentencing offenses committed on or after

October 1, 2000*) Score 50 points only if the sentencing

offense is first-degree criminal sexual conduct. MCL

777.43(2)(d).

• (For sentencing offenses committed on or after

March 1, 2003****) Only one controlled substance

offense arising out of the criminal episode for which the

offender is being sentenced may be counted when

scoring OV 13. MCL 777.43(2)(e).

• (For sentencing offenses committed on or after

March 1, 2003****) Only one crime involving the same

controlled substance may be counted under OV 13. For

example, conspiracy and a substantive offense involving

the same amount of controlled substances cannot both be

counted under OV 13. Similarly, possession and delivery

of the same amount of controlled substances may not be

counted as two crimes under OV 13. MCL 777.43(2)(f).

continued on

(Score only for sentencing offenses

committed on or after April 1, 2009**) The

offense was part of a pattern of felonious

criminal activity directly related to causing,

encouraging, recruiting, soliciting, or coercing

membership in a gang or communicating a

threat with intent to deter, punish, or retaliate

against another for withdrawing from a gang.

MCL 777.43(1)(b).

The offense was part of a pattern of felonious

criminal activity involving 3 or more crimes

against a person. MCL 777.43(1)(c) (formerly

MCL 777.43(1)(a)*; formerly MCL

777.43(1)(b)**).

(Score only for sentencing offenses

committed before December 28, 1999***)

The offense was part of a pattern of felonious

criminal activity involving 3 or more crimes

against property. Former MCL 777.43(1)(d)*.

(Score only for sentencing offenses

committed on or after March 1, 2003****)

The offense was part of a pattern of felonious

criminal activity involving a combination of 3

or more crimes against a person or property or a

violation of MCL 333.7401(2)(a)(i)-(iii) or

MCL 333.7403(2)(a)(i)-(iii). MCL

777.43(1)(d) (formerly MCL 777.42(1)(b)*;

formerly MCL 777.42(1)(c)**).



PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

(Score only for sentencing offenses

committed before April 1, 2009**) The

offense was part of a pattern of felonious

criminal activity directly related to

membership in an organized criminal

group. Former MCL 777.43(1)(c)*; former

MCL 777.43(1)(d)**.

(continued)

* 2000 PA 279, effective October 1, 2000.

** 2008 PA 562, effective April 1, 2009.

*** 1999 PA 227, effective December 28, 1999.

**** 2002 PA 666, effective March 1, 2003.

(Score only for sentencing offenses

committed before March 1, 2003****)

The offense was part of a pattern of

felonious criminal activity involving a

combination of 3 or more crimes against a

person or property. Former MCL

777.43(1)(b)*; former MCL

777.43(1)(c)**.

(Score only for sentencing offenses

committed on or after March 1,

2003****) The offense was part of a

pattern of felonious criminal activity

involving a combination of 3 or more

violations of MCL 333.7401(2)(a)(i)-(iii) or

MCL 333.7403(2)(a)(i)-(iii). MCL

777.43(1)(e).

(Score only for sentencing offenses

committed on or after December 28,

1999***) The offense was part of a pattern

of felonious criminal activity involving 3 or

more crimes against property. MCL

777.43(1)(f) (formerly MCL 777.43(1)(d)*;

formerly MCL 777.43(1)(e)****).

No pattern of felonious criminal activity

existed. MCL 777.43(1)(g) (formerly MCL

777.43(1)(e)*; formerly MCL

777.43(1)(f)****).

OV 14

Offender’s Role

MCL 777.44

OV 14 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

The offender was a leader in a multiple

offender situation. MCL 777.44(1)(a).

• Consider the entire criminal transaction when

determining the offender’s role. MCL 777.44(2)(a).

• If three or more offenders were involved, more than

one offender may be determined to have been a leader.

MCL 777.44(2)(b).

The offender was not a leader in a multiple

offender situation. MCL 777.44(1)(b).

PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

OV 16

Property Obtained, Damaged, Lost, or Destroyed

MCL 777.46

OV 16 is scored for all felony offenses except crimes involving a controlled substance. Score for a crime against a person

only if the sentencing offense is a violation or attempted violation of MCL 750.110a (home invasion). See MCL 777.22.

Pts Instructions

For a conviction under MCL 750.50, the

property was 25 or more animals. MCL

777.46(1)(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. MCL 777.46(2)(a).

• Use the value of the property to score OV 16 in cases in

which the property was obtained unlawfully, lost to the

lawful owner, or destroyed. If the property was damaged,

use the monetary amount appropriate to restore the

property to pre-offense condition. MCL 777.46(2)(b).

• The amount of money or property involved in admitted

but uncharged offenses or in charges dismissed under a

plea agreement may be considered in scoring OV 16.

MCL 777.46(2)(c).

• Score OV 16 for a crime against a person only if the

sentencing offense is a violation or attempted violation

of MCL 750.110a (home invasion). MCL 777.22(1).

* This statement was added to MCL 777.46(1) by 2018 PA 652, effective March 28, 2019.

** Before December 28, 1999, this provision referred to “[t]he property destroyed” (emphasis

supplied). See 1999 PA 227, effective December 28, 1999.

For a conviction under MCL 750.50, the

property was 10 or more animals but fewer

than 25 animals. MCL 777.46(1)(b).*

Wanton or malicious damage occurred

beyond that necessary to commit the crime

for which the offender is not charged and

will not be charged. MCL 777.46(1)(c).

The property had a value of more than

$20,000.00 or had significant historical,

social, or sentimental value. MCL

777.46(1)(d).

The property** had a value of $1,000.00 or

more but not more than $20,000.00. MCL

777.46(1)(e).

The property** had a value of $200.00 or

more but not more than $1,000.00. MCL

777.46(1)(f).

No property was obtained, damaged, lost, or

destroyed or the property had a value of less

than $200.00. MCL 777.46(1)(g).



PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

OV 17

Degree of Negligence Exhibited

MCL 777.47

OV 17 is scored only for crimes against a person. Score only if the offense or attempted offense involves the operation

of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive. See MCL 777.22.

Pts Instructions

The offender showed a wanton or reckless

disregard for the life or property of another

person. MCL 777.47(1)(a).

• If points are assessed against the offender under OV 6,

ten points may not be scored under OV 17. MCL

777.47(2).

• Score OV 17 only if the offense or attempted offense

involves the operation of a vehicle, vessel, ORV,

snowmobile, aircraft, or locomotive. MCL 777.22(1).

Definitions for “aircraft,” “ORV,” “snowmobile,”

“vehicle,” and “vessel” are provided in MCL 777.1.

The offender failed to show the degree of

care that a person of ordinary prudence in a

similar situation would have shown. MCL

777.47(1)(b).

The offender was not negligent. MCL

777.47(1)(c).

PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

OV 18

Operator Ability Affected by Alcohol or Drugs

MCL 777.48

OV 18 is scored only for crimes against a person and crimes against public safety. Score only if the offense or attempted

offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive. See MCL 777.22.

Shaded areas in the chart below represent point values that are not

scored for current offenses.

Pts Instructions

The offender operated a vehicle, vessel,

ORV, snowmobile, aircraft, or locomotive*

when his or her bodily alcohol content was

0.20 grams or more per 100 milliliters of

blood, per 210 liters of breath, or per 67 mil-

liliters of urine. MCL 777.48(1)(a).

• For purposes of scoring OV 18, “any bodily alcohol

content” is either of the following:

• an alcohol content of 0.02 grams or more but less

than 0.08 grams***** (or, beginning October 1,

2021, 0.02 grams or more but less than 0.10 grams)

per 100 milliliters of blood, per 210 liters of breath,

or per 67 milliliters of urine, MCL 777.48(2)(a), or

• any presence of alcohol within a person’s body

from the consumption of alcoholic or intoxicating

liquor other than the consumption of alcoholic or

intoxicating liquor as part of a generally recognized

religious service or ceremony, MCL

777.48(2)(b).****

• Score OV 18 only if the offense or attempted offense

involves the operation of a vehicle, vessel, ORV,

snowmobile, aircraft, or locomotive. MCL 777.22(1);

MCL 777.22(5).

Definitions for “aircraft,” “ORV,”

“snowmobile,” “vehicle,” and “vessel” are provided in

MCL 777.1.

continued on

The offender operated a vehicle, vessel,

ORV, snowmobile, aircraft, or locomotive*

when his or her bodily alcohol content was

0.15 grams or more but less than 0.20 grams

per 100 milliliters of blood, per 210 liters of

breath, or per 67 milliliters of urine. MCL

777.48(1)(b).

(Score only for offenses committed on or

after September 30, 2003**) The offender

operated a vehicle, vessel, ORV, snowmo-

bile, aircraft, or locomotive while the

offender was under the influence of alco-

holic or intoxicating liquor, a controlled sub-

stance, or a combination of alcoholic or

intoxicating liquor and a controlled sub-

stance; or while the offender’s body con-

tained any amount of a controlled substance

listed in schedule 1 under MCL 333.7212, or

a rule promulgated under that section, or a

controlled substance described in MCL

333.7214(a)(iv); or while the offender had

an alcohol content of 0.08 grams or more

but less than 0.15 grams per 100 milliliters

of blood, per 210 liters of breath, or per 67

milliliters of urine or, beginning October 1,

2021, the offender had an alcohol content of

0.10 grams or more but less than 0.15 grams

per 100 milliliters of blood, per 210 liters of

breath, or per 67 milliliters of urine. MCL

777.48(1)(c).



PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

(Score only for offenses committed before

September 30, 2003**) The offender oper-

ated a vehicle, vessel, ORV, snowmobile,

aircraft, or locomotive* when his or her

bodily alcohol content was 0.10 grams or

more but less than 0.15 grams per 100 milli-

liters of blood, per 210 liters of breath, or

per 67 milliliters of urine, or while he or she

was under the influence of intoxicating

liquor or a controlled substance or a combi-

nation of intoxicating liquor and a controlled

substance. Former MCL 777.48(1)(c).

(continued)

* Before October 1, 2000, MCL 777.48(1)(a)-(e) referred only to operation of a “vehicle[.]” Effective

October 1, 2000, 2000 PA 279 added the words “vessel, ORV, snowmobile, aircraft, or locomotive” to

these subsections.

** See 2003 PA 134, effective September 30, 2003. See also 2013 PA 24, effective May 9, 2013.

*** Before December 28, 1999, “or while he or she was visibly impaired by the use of intoxicating

liquor and a controlled substance or a combination of intoxicating liquor or a controlled substance”

(emphasis supplied). See 1999 PA 227, effective December 28, 1999.

**** The words “alcoholic or” were added by 2003 PA 134, effective September 30, 2003.

***** For offenses committed before September 30, 2003, “not less than 0.02 grams or more than 0.07

grams[.]” See 2003 PA 134, effective September 30, 2003. See also 2013 PA 24, effective May 9, 2013.

(Score only for offenses committed on or

after September 30, 2003**) The offender

operated a vehicle, vessel, ORV, snowmo-

bile, aircraft, or locomotive while he or she

was visibly impaired by the use of alcoholic

or intoxicating liquor or a controlled sub-

stance or a combination of alcoholic or

intoxicating liquor and a controlled sub-

stance, or was less than 21 years of age and

had any bodily alcohol content. MCL

777.48(1)(d).

(Score only for offenses committed before

September 30, 2003**) The offender oper-

ated a vehicle, vessel, ORV, snowmobile,

aircraft, or locomotive* when his or her

bodily alcohol content was 0.07 grams or

more but less than 0.10 grams per 100 milli-

liters of blood, per 210 liters of breath, or

per 67 milliliters of urine, or while he or she

was visibly impaired by the use of intoxicat-

ing liquor or a controlled substance or a

combination of intoxicating liquor and a

controlled substance,*** or was less than 21

years of age and had any bodily alcohol con-

tent. Former MCL 777.48(1)(d).

The offender’s ability to operate a vehicle,

vessel, ORV, snowmobile, aircraft, or loco-

motive* was not affected by an alcoholic

or**** intoxicating liquor or a controlled

substance or a combination of alcoholic

or**** intoxicating liquor and a controlled

substance. MCL 777.48(1)(e).

PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

OV 19

Threat to Security of Penal Institution or Court or Interference With Administration of

Justice or Rendering of Emergency Services*

OV 19 is scored for all felony offenses. See MCL 777.22.

Shaded areas in the chart below represent point values that are not

scored for current offenses.

Pts Instructions

The offender by his or her conduct threatened the

security of a penal institution or court. MCL

777.49(a).

continued on

(Score only for offenses committed on or after

October 23, 2001**) 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. MCL

777.49(b).

(Score only for offenses committed before

October 23, 2001**) The offender used force or

the threat of force against another person or the

property of another person to interfere with or

attempt to interfere with the administration of

justice. Former MCL 777.49(b).

The offender otherwise interfered with or

attempted to interfere with the administration of

justice, or directly or indirectly violated a

personal protection order.*** MCL 777.49(c).



PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person

(Score only for offenses committed on or

after April 22, 2002****) 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. MCL

777.49(d).

* The reference to “the rendering of emergency services” in the introductory paragraph in MCL 777.49

was added by 2002 PA 137, effective April 22, 2002.

** See 2001 PA 136, effective October 23, 2001.

*** The phrase “or directly or indirectly violated a personal protection order” was added to MCL

777.49(c) by 2018 PA 652, effective March 28, 2019.

**** See 2002 PA 137, effective April 22, 2002.

(Score only for offenses committed before

April 22, 2002****) 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. Former

MCL 777.49(d).

OV 20

Terrorism

MCL 777.49a

OV 20 is scored for all felony offenses. See MCL 777.22.

Instructions

100

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. MCL 777.49a(1)(a).

• “Act of terrorism” and “terrorist” are defined in MCL

750.543b, and “terrorist organization” is defined in

MCL 750.543c.* MCL 777.49a(2)(a); MCL

777.49a(2)(d).

• “Harmful biological substance,” “harmful biological

device,” “harmful chemical substance,” “harmful

chemical device,” “harmful radioactive material,” and

“harmful radioactive device” are defined in MCL

750.200h. MCL 777.49a(2)(b).

• “Incendiary device” includes gasoline or any other

flammable substance, a blowtorch, fire bomb, Molotov

cocktail, or other similar device. MCL 777.49a(2)(c).

*An “[a]ct of terrorism” is “a willful and deliberate act that . . . would be a violent felony under [Michigan

law], whether or not committed in [Michigan,] . . . that the person knows or has reason to know is dangerous

to human life[, and] . . . that is intended to intimidate or coerce a civilian population or influence or affect

the conduct of government or a unit of government through intimidation or coercion.” MCL 750.543b(a)(i)-

(iii). A “[t]errorist” is “any person who engages or is about to engage in an act of terrorism.” MCL

750.543b(g). A “terrorist organization” is “an organization that, on [April 22, 2002], is designated by

theUnited States state department as engaging in or sponsoring an act of terrorism.” MCL 750.543c.

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. MCL 777.49a(1)(b).

The offender supported an act of terrorism, a

terrorist, or a terrorist organization. MCL

777.49a(1)(c).

The offender did not commit an act of

terrorism or support an act of terrorism, a

terrorist, or a terrorist organization. MCL

777.49a(1)(d).

(continued)

PRVsandOVs-CrimesAgainstaPerson

PRVs and OVs - Crimes Against a Person



PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

PRV 1

Prior High Severity Felony Convictions

MCL 777.51

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

3 or more prior high severity felony

convictions. MCL 777.51(1)(a).

A “prior high severity felony conviction” is a conviction for any

of the following crimes, if the conviction was entered before the

sentencing offense was committed*:

• a crime listed in class M2, A, B, C, or D (or a felony

under federal law or the law of another state that

corresponds to a crime listed in class M2, A, B, C, or

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of 10 years or more. MCL 777.51(2).

* The language “if the conviction was entered before the sentencing offense was committed” was added

by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

2 prior high severity felony convictions.

MCL 777.51(1)(b).

1 prior high severity felony conviction.

MCL 777.51(1)(c).

No prior high severity felony convictions.

MCL 777.51(1)(d).

PRV 2

Prior Low Severity Felony Convictions

MCL 777.52

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

4 or more prior low severity felony

convictions. MCL 777.52(1)(a).

A “prior low severity felony conviction” is a conviction for any

of the following crimes, if the conviction was entered before the

sentencing offense was committed*:

• a crime listed in class E, F, G, or H (or a felony under

federal law or the law of another state that

corresponds to a crime listed in class E, F, G, or H)

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of less than 10 years. MCL 777.52(2).

* The language “if the conviction was entered before the sentencing offense was committed” was added

by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

3 prior low severity felony convictions.

MCL 777.52(1)(b).

2 prior low severity felony convictions.

MCL 777.52(1)(c).

1 prior low severity felony conviction.

MCL 777.52(1)(d).

No prior low severity felony convictions.

MCL 777.52(1)(e).

PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

PRV 3

Prior High Severity Juvenile Adjudications

MCL 777.53

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

3 or more prior high severity juvenile

adjudications. MCL 777.53(1)(a).

A “prior high severity juvenile adjudication” is an adjudication

for conduct that would be any of the following if committed by an

adult, if the order of disposition was entered before the sentencing

offense was committed*:

• a crime listed in class M2, A, B, C, or D (or a felony

under federal law or the law of another state that

corresponds to a crime listed in class M2, A, B, C, or

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of 10 years or more. MCL 777.53(2).

* The language “any of the following if committed by an adult, if the order of disposition was entered

before the sentencing offense was committed” was added by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

2 prior high severity juvenile

adjudications. MCL 777.53(1)(b).

1 prior high severity juvenile

adjudication. MCL 777.53(1)(c).

No prior high severity juvenile

adjudications. MCL 777.53(1)(d).



PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

PRV 4

Prior Low Severity Juvenile Adjudications

MCL 777.54

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Shaded areas in the chart below represent point values that are not scored for current offenses.

Pts The offender has: Instructions

6 or more prior low severity juvenile

adjudications. MCL 777.54(1)(a).

A “prior low severity juvenile adjudication” is an adjudication

for conduct that would be any of the following if committed by an

adult, if the order of disposition was entered before the sentencing

offense was committed**:

• a crime listed in class E, F, G, or H (or a felony under

federal law or the law of another state that

corresponds to a crime listed in class E, F, G, or H)

• (for offenses committed on or after January 9,

2007***) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of less than 10 years. MCL 777.54(2).

* See 2000 PA 279, effective October 1, 2000.

** The language “any of the following if committed by an adult, if the order of disposition was entered

before the sentencing offense was committed” was added by 2006 PA 655, effective January 9, 2007.

*** See 2006 PA 655, effective January 9, 2007.

(Score only for offenses committed on

or after October 1, 2000*) 5 prior low

severity juvenile adjudications. MCL

777.54(1)(b).

(Score only for offenses committed on

or after October 1, 2000*) 3 or 4 prior

low severity juvenile adjudications. MCL

777.54(1)(c) (formerly MCL

777.54(1)(b)*).

(Score only for offenses committed

before October 1, 2000*) 4 or 5 prior

low severity juvenile adjudications.

Former MCL 777.54(1)(b).

(Score only for offenses committed on

or after October 1, 2000*) 2 prior low

severity juvenile adjudications. MCL

777.54(1)(d) (formerly MCL

777.54(1)(c)*).

(Score only for offenses committed

before October 1, 2000*) 2 or 3 prior

low severity juvenile adjudications.

Former MCL 777.54(1)(c).

1 prior low severity juvenile adjudication.

MCL 777.54(1)(e) (formerly MCL

777.54(1)(d)*).

No prior low severity juvenile

adjudications. MCL 777.54(1)(f)

(formerly MCL 777.54(1)(e)*).

PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

PRV 5

Prior Misdemeanor Convictions or Prior Misdemeanor Juvenile Adjudications

MCL 777.55

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

7 or more prior misdemeanor convictions

or prior misdemeanor juvenile

adjudications. MCL 777.55(1)(a).

A “prior misdemeanor conviction” is a conviction:

• for a misdemeanor offense under Michigan law or

the law of a political subdivision of Michigan, or

under the law of another state or a political

subdivision of another state, or under the law of the

United States,

• if the conviction was entered before the sentencing

offense was committed. MCL 777.55(3)(a).

A “prior misdemeanor juvenile adjudication” is a juvenile

adjudication:

• for conduct that, if committed by an adult, would be

a misdemeanor under Michigan law or the law of a

political subdivision of Michigan, or under the law of

another state or a political subdivision of another

state, or under the law of the United States,

• if the order of disposition for the juvenile

adjudication was entered before the sentencing

offense was committed. MCL 777.55(3)(b).

5 or 6 prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(b).

3 or 4 prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(c).

2 prior misdemeanor convictions or prior

misdemeanor juvenile adjudications.

MCL 777.55(1)(d).

1 prior misdemeanor conviction or prior

misdemeanor juvenile adjudication. MCL

777.55(1)(e).

No prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(f).

Special Instructions for PRV 5:

• A prior conviction used to enhance the sentencing offense to a felony may not be counted under PRV 5.

MCL 777.55(2)(a); MCL 777.55(2)(b).

• (For offenses committed on or after October 1, 2000*) Only the following may be counted as “a prior

misdemeanor conviction” or “a prior misdemeanor juvenile adjudication” for purposes of scoring PRV 5:

• a prior misdemeanor conviction or prior misdemeanor juvenile adjudication that is an offense against a

person or property, a controlled substance offense, or a weapon offense, MCL 777.55(2)(a),** and

• all prior misdemeanor convictions and prior misdemeanor juvenile adjudications for operating or

attempting to operate a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive while under the

influence of or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled

substance, MCL 777.55(2)(b).***

* See 2000 PA 279, effective October 1, 2000.

substance crime, or a weapon offense enumerated in . . . MCL 750.222 to [MCL] 750.239a.” See 2000 PA 279, effective October 1, 2000.

influence of or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled substance.” Former MCL 777.55(2)(b). See 2000 PA 279, effective October 1, 2000.



PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

PRV 6

Relationship to Criminal Justice System

MCL 777.56

Pts

Instructions

Offender is a prisoner of the department

of corrections or serving a sentence in jail

(including an individual who is an

escapee). MCL 777.56(1)(a); MCL

777.56(3)(b).

• PRV 6 assesses points based on an offender’s

relationship to the criminal justice system at the time the

sentencing offense was committed.*

• The appropriate point value under PRV 6 should be

assessed against an offender who is involved with the

criminal justice system in another state or the United

States. MCL 777.56(2).

• “Delayed sentence status” includes (but is not limited

to) assignment or deferral under MCL 333.7411

(deferral for certain controlled substance offenses),

MCL 600.1076(4) (deferral involving drug treatment

courts), MCL 750.350a (deferral under limited

circumstances for parental kidnapping), MCL 750.430

(deferral for impaired healthcare professionals), MCL

762.11—MCL 762.15 (assignment to youthful trainee

status), and MCL 769.4a (deferral under limited

circumstances for domestic assault). MCL

777.56(3)(a)(i)-(vi).**

* See People v Johnson (Angelo), 293 Mich App 79, 85 (2011); People v Endres, 269 Mich App 414, 422-

423 (2006).

** See 2004 PA 220, effective January 1, 2005 (inserting MCL 777.56(3)(a)(ii) (referring to deferral under

MCL 600.1076(4)) and MCL 777.56(3)(a)(iv) (referring to deferral under MCL 750.430) and redesignating

former MCL 777.56(3)(a)(ii)-(iv) accordingly).

Offender is incarcerated in jail awaiting

adjudication or sentencing on a

conviction or probation violation. MCL

777.56(1)(b).

Offender is on parole, probation, or

delayed sentence status or on bond

awaiting adjudication or sentencing for a

felony. MCL 777.56(1)(c).

Offender is on probation or delayed

sentence status or on bond awaiting

adjudication or sentencing for a

misdemeanor. MCL 777.56(1)(d).

Offender has no relationship to the

criminal justice system. MCL

777.56(1)(e).

PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

PRV 7

Subsequent or Concurrent Felony Convictions

MCL 777.57

Pts The offender has:

Instructions

2 or more subsequent or concurrent

felony convictions. MCL 777.57(1)(a).

• The appropriate point value under PRV 7 should be

assessed if the offender was convicted of multiple felony

counts or was convicted of a felony after the sentencing

offense was committed. MCL 777.57(2)(a).

• A conviction for felony-firearm may not be counted

under PRV 7. MCL 777.57(2)(b).

• A concurrent felony conviction that will result in a

mandatory* consecutive sentence may not be counted

under PRV 7. MCL 777.57(2)(c).

• (For offenses committed on or after March 1,

2003**) A concurrent felony conviction that will result

in a consecutive sentence imposed under MCL

333.7401(3) may not be counted under PRV 7. MCL

777.57(2)(c).

* The word “mandatory” was added to MCL 777.57(2)(c) by 1999 PA 227, effective December 28, 1999.

** 2002 PA 666, effective March 1, 2003.

1 subsequent or concurrent felony

conviction. MCL 777.57(1)(b).

No subsequent or concurrent felony

convictions. MCL 777.57(1)(c).



PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

OV 1

Aggravated Use of Weapon

MCL 777.31

OV 1 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

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. MCL 777.31(1)(a).

• Each person who was placed in danger of injury or

loss of life is counted as a victim for purposes of scoring

OV 1. MCL 777.31(2)(a).

• In multiple offender cases, if one offender is assigned

points for the presence or use of a weapon, all offenders

must be assigned the same number of points. MCL

777.31(2)(b).

• Score five points if an offender used an object to

suggest the presence of a weapon. MCL 777.31(2)(c).

• (For offenses committed on or after October 23,

2001**) Score five points if an offender used a chemical

irritant, a chemical irritant device, a smoke device, or an

imitation harmful substance or device. MCL

777.31(2)(d).

• Do not score five points if the conviction offense is a

violation of MCL 750.82 (felonious assault) or MCL

750.529 (armed robbery). MCL 777.31(2)(e).

• “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” are defined in MCL 750.200h.

MCL 777.31(3)(a).**

• “Incendiary device” includes gasoline or any other

flammable substance, a blowtorch, fire bomb, Molotov

cocktail, or other similar device. MCL 777.31(3)(b).**

* See 2002 PA 137, effective April 22, 2002, inserting MCL 777.31(1)(b) and relettering former MCL

777.31(1)(b)-(e) as MCL 777.31(1)(c)-(f).

** See 2001 PA 136, effective October 23, 2001, inserting MCL 777.31(2)(d), relettering former MCL

777.31(2)(d) as MCL 777.31(2)(e), and adding former MCL 777.31(3) (now MCL 777.31(3)(a)). See also

2002 PA 137, effective April 22, 2002, adding MCL 777.31(3)(b) and amending former MCL 777.31(3)

(redesignated MCL 777.31(3)(a)). Consult former versions of MCL 777.31 for crimes committed before

April 22, 2002.

(Score only for offenses committed on or

after April 22, 2002*) 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.

MCL 777.31(1)(b).

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. MCL 777.31(1)(c) (formerly MCL

777.31(1)(b)*).

The victim was touched by any other type of

weapon. MCL 777.31(1)(d) (formerly MCL

777.31(1)(c)*).

A weapon was displayed or implied. MCL

777.31(1)(e) (formerly MCL

777.31(1)(d)*).

No aggravated use of a weapon occurred.

MCL 777.31(1)(f) (formerly MCL

777.31(1)(e)*).

PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

OV 2

Lethal Potential of Weapon Possessed or Used*

MCL 777.32

OV 2 is scored for crimes against a person, crimes against property, and crimes involving a controlled substance. See MCL

777.22.

Pts Instructions

(Score only for offenses committed on or

after October 23, 2001*) 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.

MCL 777.32(1)(a).

• In multiple offender cases, if one offender is assessed

points for possessing a weapon, all offenders must be

assessed the same number of points. MCL 777.32(2).

• (For offenses committed on or after October 23,

2001*) “Harmful biological substance,” “harmful

biological device,” “harmful chemical substance,”

“harmful chemical device,” “harmful radioactive

material,” and “harmful radioactive device” are defined

in MCL 750.200h. MCL 777.32(3)(a).

• “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. MCL 777.32(3)(b) (formerly MCL

777.32(3)(a)*).

• “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. MCL 777.32(3)(c) (formerly MCL

777.32(3)(b)*).

• “Incendiary device” includes gasoline or any other

flammable substance, a blowtorch, fire bomb, Molotov

cocktail, or other similar device. MCL 777.32(3)(d)

(formerly MCL 777.32(3)(c)*).

* See 2001 PA 136, effective October 23, 2001, inserting MCL 777.32(1)(a) and MCL 777.32(3)(a); adding

“or used” to the introductory paragraph in MCL 777.32(1) and to all point-allocation subsections;

redesignating former MCL 777.32(1)(a)-(e) as MCL 777.32(1)(b)-(f); and redesignating former MCL

777.32(3)(a)-(c) as MCL 777.32(3)(b)-(d).

The offender possessed or used* an

incendiary device, an explosive device, or a

fully automatic weapon. MCL 777.32(1)(b).

The offender possessed or used* a short-

barreled rifle or a short-barreled shotgun.

MCL 777.32(1)(c).

The offender possessed or used* a pistol,

rifle, shotgun, or knife or other cutting or

stabbing weapon. MCL 777.32(1)(d).

The offender possessed or used* any other

potentially lethal weapon. MCL

777.32(1)(e).

The offender possessed or used* no weapon.

MCL 777.32(1)(f).



PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

OV 3

Physical Injury to Victim

MCL 777.33

OV 3 is scored for all felony offenses. See MCL 777.22.

The shaded area in the chart below represents a point value that is not

scored for current offenses.

Pts Instructions

100

A victim was killed. MCL 777.33(1)(a); see

also MCL 777.33(2)(b).

• In multiple offender cases, if one offender is assessed

points for death or physical injury, all offenders must be

assessed the same number of points. MCL 777.33(2)(a).

• Score 100 points if death results from the commission

of a crime and homicide is not the sentencing offense.

MCL 777.33(2)(b). Any crime in which the death of a

human being is an element of the crime is a “homicide.”

MCL 777.1(c).

• (For offenses committed on or after September 30,

2003*) Score 50 points if death results from the

commission of a crime and the offense or attempted

offense involves the operation of a vehicle, vessel, ORV,

snowmobile, aircraft, or locomotive and any of the

following apply:

• the offender was under the influence of or visibly

impaired by the use of alcoholic liquor, a controlled

substance, or a combination of alcoholic liquor and

a controlled substance, MCL 777.33(2)(c)(i);

• the offender had an alcohol content of 0.08 grams

or more (or, beginning October 1, 2021, 0.10

grams or more) per 100 milliliters of blood, per 210

liters of breath, or per 67 milliliters of urine, MCL

777.33(2)(c)(ii); or

• the offender’s body contained any amount of a

controlled substance listed in schedule 1 under

MCL 333.7212 or a rule promulgated under that

section, or a controlled substance described in MCL

333.7214(a)(iv), MCL 777.33(2)(c)(iii).

• Do not score five points if bodily injury is an element

of the sentencing offense. MCL 777.33(2)(d) (formerly

MCL 777.33(2)(c)**).

• “Requiring medical treatment” refers to the necessity

for treatment and not the victim’s success in obtaining

treatment. MCL 777.33(3).

* See 2003 PA 134, effective September 30, 2003. See also 2013 PA 24, effective May 9, 2013.

** See 2000 PA 279, effective October 1, 2000.

(Score only for offenses committed on or

after September 30, 2003*) A victim was

killed. MCL 777.33(1)(b); see also MCL

777.33(2)(c).

(Score only for offenses committed on or

after October 1, 2000,** and before

September 30, 2003*) A victim was killed,

where death results from the commission of

a crime and the elements of the offense or

attempted offense involve the operation of a

vehicle, vessel, ORV, snowmobile, aircraft,

or locomotive under the influence or while

impaired causing death. Former MCL

777.33(1)(b); former MCL 777.33(2)(c).

Life threatening or permanent incapacitating

injury occurred to a victim. MCL

777.33(1)(c) (formerly MCL

777.33(1)(b)**).

Bodily injury requiring medical treatment

occurred to a victim. MCL 777.33(1)(d)

(formerly MCL 777.33(1)(c)**).

Bodily injury not requiring medical

treatment occurred to a victim, where bodily

injury is not an element of the sentencing

offense. MCL 777.33(1)(e) (formerly MCL

777.33(1)(d)**); MCL 777.33(2)(d)

(formerly MCL 777.33(2)(c)**).

No physical injury occurred to a victim.

MCL 777.33(1)(f) (formerly MCL

777.33(1)(e)**).

PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

OV 4

Psychological Injury to Victim

MCL 777.34

OV 4 is scored for all felony offenses except crimes involving a controlled substance. See MCL 777.22.

Pts Instructions

Serious psychological injury requiring

professional treatment occurred to a victim.

MCL 777.34(1)(a).

Score ten points if the victim’s serious psychological injury may

require professional treatment. The fact that treatment has not

been sought is not conclusive. MCL 777.34(2).

For a conviction under MCL 750.50b,

serious psychological injury requiring

professional treatment occurred to the owner

of a companion animal. MCL 777.34(1)(b).*

No serious psychological injury requiring

professional treatment occurred to a victim.

MCL 777.34(1)(c).

* This statement was added to MCL 777.34(1) by 2018 PA 652, effective March 28, 2019.

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PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

OV 9

Number of Victims

MCL 777.39

OV 9 is scored for all felony offenses except crimes involving a controlled substance. See MCL 777.22.

Shaded areas in the chart below represent point values that are not

scored for current offenses.

Pts Instructions

100

Multiple deaths occurred in a homicide

case. MCL 777.39(1)(a); MCL

777.39(2)(b).

• (For offenses committed before March 30, 2007*)

Count each person who was placed in danger of injury

or loss of life as a “victim” for purposes of scoring OV

9. Former MCL 777.39(2)(a).

• (For offenses committed on or after March 30,

2007*) Count each person who was placed in danger of

physical injury or loss of life or property as a “victim”

for purposes of scoring OV 9. MCL 777.39(2)(a).

• Score 100 points only in homicide cases. MCL

777.39(2)(b). Any crime in which the death of a human

being is an element of the crime is a “homicide.” MCL

777.1(c).

* See 2006 PA 548, effective March 30, 2007.

(Score only for offenses committed on or

after March 30, 2007*) 10 or more victims

were placed in danger of physical injury or

death, or 20 or more victims were placed in

danger of property loss. MCL 777.39(1)(b).

(Score only for offenses committed

before March 30, 2007*) 10 or more

victims were placed in danger of injury or

loss of life. Former MCL 777.39(1)(b);

former MCL 777.39(2)(a).

(Score only for offenses committed on or

after March 30, 2007*) 2 to 9 victims were

placed in danger of physical injury or death,

or 4 to 19 victims were placed in danger of

property loss. MCL 777.39(1)(c).

(Score only for offenses committed

before March 30, 2007*) 2 to 9 victims

were placed in danger of injury or loss of

life. Former MCL 777.39(1)(c); former

MCL 777.39(2)(a).

(Score only for offenses committed on or

after March 30, 2007*) Fewer than 2

victims were placed in danger of physical

injury or death, or fewer than 4 victims

were placed in danger of property loss.

MCL 777.39(1)(d).

(Score only for offenses committed

before March 30, 2007*) Fewer than 2

victims were placed in danger of injury or

loss of life. Former MCL 777.39(1)(d);

former MCL 777.39(2)(a).

PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

OV 10

Exploitation of Vulnerable Victim

MCL 777.40

OV 10 is scored for all felony offenses except crimes involving controlled substances. See MCL 777.22.

Pts Instructions

Predatory conduct was involved. MCL

777.40(1)(a).

• The mere existence of one or more of the factors

described in MCL 777.40(1) does not automatically

equate with victim vulnerability. MCL 777.40(2).

• “Predatory conduct” is “preoffense conduct directed at

a victim, or a law enforcement officer posing as a

potential victim,

[*]

for the primary purpose of

victimization.” MCL 777.40(3)(a).

• To “exploit” a victim is “to manipulate a victim for

selfish or unethical purposes. Exploit also means to

violate [MCL 750.50b] for the purpose of manipulating a

victim for selfish or unethical purposes.” MCL

777.40(3)(b).**

• “Vulnerability” is “the readily apparent susceptibility

of a victim to injury, physical restraint, persuasion, or

temptation.” MCL 777.40(3)(c).

• “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.” MCL 777.40(3)(d).

* The phrase “[o]r a law enforcement officer posing as a potential victim” was added to MCL 777.40(3)(a)

by 2014 PA 350, effective October 17, 2014.

** The second sentence of this definition was added to MCL 777.40(3)(b) by 2018 PA 652, effective March

28, 2019.

The offender exploited a victim’s physical

disability, mental disability, or youth or

agedness, or a domestic relationship, or the

offender abused his or her authority status.

MCL 777.40(1)(b).

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. MCL 777.40(1)(c).

The offender did not exploit a victim’s

vulnerability. MCL 777.40(1)(d).

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PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

OV 12

Contemporaneous Felonious Criminal Acts

MCL 777.42

OV 12 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

Three or more contemporaneous felonious

criminal acts involving crimes against a

person were committed. MCL 777.42(1)(a).

• A felonious criminal act is contemporaneous if both of

the following circumstances exist:

• the criminal act occurred within 24 hours of the

sentencing offense, MCL 777.42(2)(a)(i), and

• the criminal act has not resulted, and will not

result, in a separate conviction, MCL

777.42(2)(a)(ii).

• Violations of MCL 750.227b (possession of a firearm

during the commission of a felony or possession and use

of a pneumatic gun in furtherance of committing or

attempting to commit a felony) should not be counted

when scoring OV 12. MCL 777.42(2)(b).

• Conduct scored in OV 11 must not be scored under OV

12. MCL 777.42(2)(c).

Two contemporaneous felonious criminal

acts involving crimes against a person were

committed. MCL 777.42(1)(b).

Three or more contemporaneous felonious

criminal acts involving other crimes were

committed. MCL 777.42(1)(c).

One contemporaneous felonious criminal

act involving a crime against a person was

committed. MCL 777.42(1)(d).

Two contemporaneous felonious criminal

acts involving other crimes were

committed. MCL 777.42(1)(e).

One contemporaneous felonious criminal

act involving any other crime was

committed. MCL 777.42(1)(f).

No contemporaneous felonious criminal

acts were committed. MCL 777.42(1)(g).

PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

OV 13

Continuing Pattern of Criminal Behavior

MCL 777.43

OV 13 is scored for all felony offenses. See MCL 777.22.

Shaded areas in the chart below represent point values that are not

scored for current offenses.

Pts Instructions

(Score only for sentencing offenses

committed on or after October 1, 2000*) The

offense was part of a pattern of felonious

criminal activity involving 3 or more sexual

penetrations against a person or persons less

than 13 years of age, and the sentencing offense

is first-degree criminal sexual conduct. MCL

777.43(1)(a); MCL 777.43(2)(d).

• In scoring OV 13, all crimes within a five-year period,

including the sentencing offense, must be counted,

without regard to whether the offense resulted in a

conviction. MCL 777.43(2)(a).

• The existence of an organized criminal group may be

reasonably inferred from the facts surrounding the

sentencing offense, and the fact of the group’s existence

is more important than the presence or absence of

multiple offenders, the age of the offenders, or the

degree of sophistication of the organized criminal group.

MCL 777.43(2)(b).

• Do not consider conduct scored in OVs 11 or 12,

except for offenses related to membership in an

organized criminal group or (for sentencing offenses

committed on or after April 1, 2009**) that are gang-

related. MCL 777.43(2)(c).

• (For sentencing offenses committed on or after

October 1, 2000*) Score 50 points only if the sentencing

offense is first-degree criminal sexual conduct. MCL

777.43(2)(d).

• (For sentencing offenses committed on or after

March 1, 2003****) Only one controlled substance

offense arising out of the criminal episode for which the

offender is being sentenced may be counted when

scoring OV 13. MCL 777.43(2)(e).

• (For sentencing offenses committed on or after

March 1, 2003****) Only one crime involving the same

controlled substance may be counted under OV 13. For

example, conspiracy and a substantive offense involving

the same amount of controlled substances cannot both be

counted under OV 13. Similarly, possession and delivery

of the same amount of controlled substances may not be

counted as two crimes under OV 13. MCL 777.43(2)(f).

continued on

(Score only for sentencing offenses

committed on or after April 1, 2009**) The

offense was part of a pattern of felonious

criminal activity directly related to causing,

encouraging, recruiting, soliciting, or coercing

membership in a gang or communicating a

threat with intent to deter, punish, or retaliate

against another for withdrawing from a gang.

MCL 777.43(1)(b).

The offense was part of a pattern of felonious

criminal activity involving 3 or more crimes

against a person. MCL 777.43(1)(c) (formerly

MCL 777.43(1)(a)*; formerly MCL

777.43(1)(b)**).

(Score only for sentencing offenses

committed before December 28, 1999***)

The offense was part of a pattern of felonious

criminal activity involving 3 or more crimes

against property. Former MCL 777.43(1)(d)*.

(Score only for sentencing offenses

committed on or after March 1, 2003****)

The offense was part of a pattern of felonious

criminal activity involving a combination of 3

or more crimes against a person or property or a

violation of MCL 333.7401(2)(a)(i)-(iii) or

MCL 333.7403(2)(a)(i)-(iii). MCL

777.43(1)(d) (formerly MCL 777.42(1)(b)*;

formerly MCL 777.42(1)(c)**).



PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

(Score only for sentencing offenses

committed before April 1, 2009**) The

offense was part of a pattern of felonious

criminal activity directly related to

membership in an organized criminal

group. Former MCL 777.43(1)(c)*; former

MCL 777.43(1)(d)**.

(continued)

* 2000 PA 279, effective October 1, 2000.

** 2008 PA 562, effective April 1, 2009.

*** 1999 PA 227, effective December 28, 1999.

**** 2002 PA 666, effective March 1, 2003.

(Score only for sentencing offenses

committed before March 1, 2003****)

The offense was part of a pattern of

felonious criminal activity involving a

combination of 3 or more crimes against a

person or property. Former MCL

777.43(1)(b)*; former MCL

777.43(1)(c)**.

(Score only for sentencing offenses

committed on or after March 1,

2003****) The offense was part of a

pattern of felonious criminal activity

involving a combination of 3 or more

violations of MCL 333.7401(2)(a)(i)-(iii) or

MCL 333.7403(2)(a)(i)-(iii). MCL

777.43(1)(e).

(Score only for sentencing offenses

committed on or after December 28,

1999***) The offense was part of a pattern

of felonious criminal activity involving 3 or

more crimes against property. MCL

777.43(1)(f) (formerly MCL 777.43(1)(d)*;

formerly MCL 777.43(1)(e)****).

No pattern of felonious criminal activity

existed. MCL 777.43(1)(g) (formerly MCL

777.43(1)(e)*; formerly MCL

777.43(1)(f)****).

OV 14

Offender’s Role

MCL 777.44

OV 14 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

The offender was a leader in a multiple

offender situation. MCL 777.44(1)(a).

• Consider the entire criminal transaction when

determining the offender’s role. MCL 777.44(2)(a).

• If three or more offenders were involved, more than

one offender may be determined to have been a leader.

MCL 777.44(2)(b).

The offender was not a leader in a multiple

offender situation. MCL 777.44(1)(b).

PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

OV 16

Property Obtained, Damaged, Lost, or Destroyed

MCL 777.46

OV 16 is scored for all felony offenses except crimes involving a controlled substance. Score for a crime against a person

only if the sentencing offense is a violation or attempted violation of MCL 750.110a (home invasion). See MCL 777.22.

Pts Instructions

For a conviction under MCL 750.50, the

property was 25 or more animals. MCL

777.46(1)(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. MCL 777.46(2)(a).

• Use the value of the property to score OV 16 in cases in

which the property was obtained unlawfully, lost to the

lawful owner, or destroyed. If the property was damaged,

use the monetary amount appropriate to restore the

property to pre-offense condition. MCL 777.46(2)(b).

• The amount of money or property involved in admitted

but uncharged offenses or in charges dismissed under a

plea agreement may be considered in scoring OV 16.

MCL 777.46(2)(c).

• Score OV 16 for a crime against a person only if the

sentencing offense is a violation or attempted violation

of MCL 750.110a (home invasion). MCL 777.22(1).

* This statement was added to MCL 777.46(1) by 2018 PA 652, effective March 28, 2019.

** Before December 28, 1999, this provision referred to “[t]he property destroyed” (emphasis supplied). See

1999 PA 227, effective December 28, 1999.

For a conviction under MCL 750.50, the

property was 10 or more animals but fewer

than 25 animals. MCL 777.46(1)(b).*

Wanton or malicious damage occurred

beyond that necessary to commit the crime

for which the offender is not charged and

will not be charged. MCL 777.46(1)(c).

The property had a value of more than

$20,000.00 or had significant historical,

social, or sentimental value. MCL

777.46(1)(d).

The property** had a value of $1,000.00 or

more but not more than $20,000.00. MCL

777.46(1)(e).

The property** had a value of $200.00 or

more but not more than $1,000.00. MCL

777.46(1)(f).

No property was obtained, damaged, lost, or

destroyed or the property had a value of less

than $200.00. MCL 777.46(1)(g).



PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

OV 19

Threat to Security of Penal Institution or Court or Interference With Administration of

Justice or Rendering of Emergency Services*

OV 19 is scored for all felony offenses. See MCL 777.22.

Shaded areas in the chart below represent point values that are not

scored for current offenses.

Pts Instructions

The offender by his or her conduct

threatened the security of a penal institution

or court. MCL 777.49(a).

* The reference to “the rendering of emergency services” in the introductory paragraph in MCL 777.49

was added by 2002 PA 137, effective April 22, 2002.

** See 2001 PA 136, effective October 23, 2001.

*** The phrase “or directly or indirectly violated a personal protection order” was added to MCL

777.49(c) by 2018 PA 652, effective March 28, 2019.

**** See 2002 PA 137, effective April 22, 2002.

(Score only for offenses committed on or

after October 23, 2001**) 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. MCL 777.49(b).

(Score only for offenses committed before

October 23, 2001**) The offender used

force or the threat of force against another

person or the property of another person to

interfere with or attempt to interfere with the

administration of justice. Former MCL

777.49(b).

The offender otherwise interfered with or

attempted to interfere with the

administration of justice, or directly or

indirectly violated a personal protection

order.*** MCL 777.49(c).

(Score only for offenses committed on or

after April 22, 2002****) 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. MCL

777.49(d).

(Score only for offenses committed before

April 22, 2002****) 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. Former

MCL 777.49(d).

PRVsandOVs-CrimesAgainstProperty

PRVs and OVs - Crimes Against Property

OV 20

Terrorism

MCL 777.49a

OV 20 is scored for all felony offenses. See MCL 777.22.

Instructions

100

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. MCL 777.49a(1)(a).

• “Act of terrorism” and “terrorist” are defined in MCL

750.543b, and “terrorist organization” is defined in

MCL 750.543c.* MCL 777.49a(2)(a); MCL

777.49a(2)(d).

• “Harmful biological substance,” “harmful biological

device,” “harmful chemical substance,” “harmful

chemical device,” “harmful radioactive material,” and

“harmful radioactive device” are defined in MCL

750.200h. MCL 777.49a(2)(b).

• “Incendiary device” includes gasoline or any other

flammable substance, a blowtorch, fire bomb, Molotov

cocktail, or other similar device. MCL 777.49a(2)(c).

*An “[a]ct of terrorism” is “a willful and deliberate act that . . . would be a violent felony under [Michigan

law], whether or not committed in [Michigan,] . . . that the person knows or has reason to know is dangerous

to human life[, and] . . . that is intended to intimidate or coerce a civilian population or influence or affect

the conduct of government or a unit of government through intimidation or coercion.” MCL 750.543b(a)(i)-

(iii). A “[t]errorist” is “any person who engages or is about to engage in an act of terrorism.” MCL

750.543b(g). A “terrorist organization” is “an organization that, on [April 22, 2002], is designated by the

United States state department as engaging in or sponsoring an act of terrorism.” MCL 750.543c.

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. MCL 777.49a(1)(b).

The offender supported an act of terrorism, a

terrorist, or a terrorist organization. MCL

777.49a(1)(c).

The offender did not commit an act of

terrorism or support an act of terrorism, a

terrorist, or a terrorist organization. MCL

777.49a(1)(d).



PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

PRV 1

Prior High Severity Felony Convictions

MCL 777.51

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

3 or more prior high severity felony

convictions. MCL 777.51(1)(a).

A “prior high severity felony conviction” is a conviction for any

of the following crimes, if the conviction was entered before the

sentencing offense was committed*:

• a crime listed in class M2, A, B, C, or D (or a felony

under federal law or the law of another state that

corresponds to a crime listed in class M2, A, B, C, or

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of 10 years or more. MCL 777.51(2).

* The language “if the conviction was entered before the sentencing offense was committed” was added

by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

2 prior high severity felony convictions.

MCL 777.51(1)(b).

1 prior high severity felony conviction.

MCL 777.51(1)(c).

No prior high severity felony convictions.

MCL 777.51(1)(d).

PRV 2

Prior Low Severity Felony Convictions

MCL 777.52

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

4 or more prior low severity felony

convictions. MCL 777.52(1)(a).

A “prior low severity felony conviction” is a conviction for any

of the following crimes, if the conviction was entered before the

sentencing offense was committed*:

• a crime listed in class E, F, G, or H (or a felony under

federal law or the law of another state that

corresponds to a crime listed in class E, F, G, or H)

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of less than 10 years. MCL 777.52(2).

* The language “if the conviction was entered before the sentencing offense was committed” was added

by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

3 prior low severity felony convictions.

MCL 777.52(1)(b).

2 prior low severity felony convictions.

MCL 777.52(1)(c).

1 prior low severity felony conviction.

MCL 777.52(1)(d).

No prior low severity felony convictions.

MCL 777.52(1)(e).

PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

PRV 3

Prior High Severity Juvenile Adjudications

MCL 777.53

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

3 or more prior high severity juvenile

adjudications. MCL 777.53(1)(a).

A “prior high severity juvenile adjudication” is an adjudication

for conduct that would be any of the following if committed by an

adult, if the order of disposition was entered before the sentencing

offense was committed*:

• a crime listed in class M2, A, B, C, or D (or a felony

under federal law or the law of another state that

corresponds to a crime listed in class M2, A, B, C, or

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of 10 years or more. MCL 777.53(2).

* The language “any of the following if committed by an adult, if the order of disposition was entered

before the sentencing offense was committed” was added by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

2 prior high severity juvenile

adjudications. MCL 777.53(1)(b).

1 prior high severity juvenile

adjudication. MCL 777.53(1)(c).

No prior high severity juvenile

adjudications. MCL 777.53(1)(d).



PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

PRV 4

Prior Low Severity Juvenile Adjudications

MCL 777.54

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Shaded areas in the chart below represent point values that are not scored for current offenses.

Pts The offender has: Instructions

6 or more prior low severity juvenile

adjudications. MCL 777.54(1)(a).

A “prior low severity juvenile adjudication” is an adjudication

for conduct that would be any of the following if committed by an

adult, if the order of disposition was entered before the sentencing

offense was committed**:

• a crime listed in class E, F, G, or H (or a felony under

federal law or the law of another state that

corresponds to a crime listed in class E, F, G, or H)

• (for offenses committed on or after January 9,

2007***) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of less than 10 years. MCL 777.54(2).

* See 2000 PA 279, effective October 1, 2000.

** The language “any of the following if committed by an adult, if the order of disposition was entered

before the sentencing offense was committed” was added by 2006 PA 655, effective January 9, 2007.

*** See 2006 PA 655, effective January 9, 2007.

(Score only for offenses committed on

or after October 1, 2000*) 5 prior low

severity juvenile adjudications. MCL

777.54(1)(b).

(Score only for offenses committed on

or after October 1, 2000*) 3 or 4 prior

low severity juvenile adjudications. MCL

777.54(1)(c) (formerly MCL

777.54(1)(b)*).

(Score only for offenses committed

before October 1, 2000*) 4 or 5 prior

low severity juvenile adjudications.

Former MCL 777.54(1)(b).

(Score only for offenses committed on

or after October 1, 2000*) 2 prior low

severity juvenile adjudications. MCL

777.54(1)(d) (formerly MCL

777.54(1)(c)*).

(Score only for offenses committed

before October 1, 2000*) 2 or 3 prior

low severity juvenile adjudications.

Former MCL 777.54(1)(c).

1 prior low severity juvenile adjudication.

MCL 777.54(1)(e) (formerly MCL

777.54(1)(d)*).

No prior low severity juvenile

adjudications. MCL 777.54(1)(f)

(formerly MCL 777.54(1)(e)*).

PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

PRV 5

Prior Misdemeanor Convictions or Prior Misdemeanor Juvenile Adjudications

MCL 777.55

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

7 or more prior misdemeanor convictions

or prior misdemeanor juvenile

adjudications. MCL 777.55(1)(a).

A “prior misdemeanor conviction” is a conviction:

• for a misdemeanor offense under Michigan law or

the law of a political subdivision of Michigan, or

under the law of another state or a political

subdivision of another state, or under the law of the

United States,

• if the conviction was entered before the sentencing

offense was committed. MCL 777.55(3)(a).

A “prior misdemeanor juvenile adjudication” is a juvenile

adjudication:

• for conduct that, if committed by an adult, would be

a misdemeanor under Michigan law or the law of a

political subdivision of Michigan, or under the law of

another state or a political subdivision of another

state, or under the law of the United States,

• if the order of disposition for the juvenile

adjudication was entered before the sentencing

offense was committed. MCL 777.55(3)(b).

5 or 6 prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(b).

3 or 4 prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(c).

2 prior misdemeanor convictions or prior

misdemeanor juvenile adjudications.

MCL 777.55(1)(d).

1 prior misdemeanor conviction or prior

misdemeanor juvenile adjudication. MCL

777.55(1)(e).

No prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(f).

Special Instructions for PRV 5:

• A prior conviction used to enhance the sentencing offense to a felony may not be counted under PRV 5.

MCL 777.55(2)(a); MCL 777.55(2)(b).

• (For offenses committed on or after October 1, 2000*) Only the following may be counted as “a prior

misdemeanor conviction” or “a prior misdemeanor juvenile adjudication” for purposes of scoring PRV 5:

• a prior misdemeanor conviction or prior misdemeanor juvenile adjudication that is an offense against a

person or property, a controlled substance offense, or a weapon offense, MCL 777.55(2)(a),** and

• all prior misdemeanor convictions and prior misdemeanor juvenile adjudications for operating or

attempting to operate a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive while under the

influence of or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled

substance, MCL 777.55(2)(b).***

* See 2000 PA 279, effective October 1, 2000.

substance crime, or a weapon offense enumerated in . . . MCL 750.222 to [MCL] 750.239a.” See 2000 PA 279, effective October 1, 2000.

influence of or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled substance.” Former MCL 777.55(2)(b). See 2000 PA 279, effective October 1, 2000.

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PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

PRV 6

Relationship to Criminal Justice System

MCL 777.56

Pts

Instructions

Offender is a prisoner of the department

of corrections or serving a sentence in jail

(including an individual who is an

escapee). MCL 777.56(1)(a); MCL

777.56(3)(b).

• PRV 6 assesses points based on an offender’s

relationship to the criminal justice system at the time the

sentencing offense was committed.*

• The appropriate point value under PRV 6 should be

assessed against an offender who is involved with the

criminal justice system in another state or the United

States. MCL 777.56(2).

• “Delayed sentence status” includes (but is not limited

to) assignment or deferral under MCL 333.7411

(deferral for certain controlled substance offenses),

MCL 600.1076(4) (deferral involving drug treatment

courts), MCL 750.350a (deferral under limited

circumstances for parental kidnapping), MCL 750.430

(deferral for impaired healthcare professionals), MCL

762.11—MCL 762.15 (assignment to youthful trainee

status), and MCL 769.4a (deferral under limited

circumstances for domestic assault). MCL

777.56(3)(a)(i)-(vi).**

* See People v Johnson (Angelo), 293 Mich App 79, 85 (2011); People v Endres, 269 Mich App 414, 422-

423 (2006).

** See 2004 PA 220, effective January 1, 2005 (inserting MCL 777.56(3)(a)(ii) (referring to deferral under

MCL 600.1076(4)) and MCL 777.56(3)(a)(iv) (referring to deferral under MCL 750.430) and redesignating

former MCL 777.56(3)(a)(ii)-(iv) accordingly).

Offender is incarcerated in jail awaiting

adjudication or sentencing on a

conviction or probation violation. MCL

777.56(1)(b).

Offender is on parole, probation, or

delayed sentence status or on bond

awaiting adjudication or sentencing for a

felony. MCL 777.56(1)(c).

Offender is on probation or delayed

sentence status or on bond awaiting

adjudication or sentencing for a

misdemeanor. MCL 777.56(1)(d).

Offender has no relationship to the

criminal justice system. MCL

777.56(1)(e).

PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

PRV 7

Subsequent or Concurrent Felony Convictions

MCL 777.57

Pts The offender has:

Instructions

2 or more subsequent or concurrent

felony convictions. MCL 777.57(1)(a).

• The appropriate point value under PRV 7 should be

assessed if the offender was convicted of multiple felony

counts or was convicted of a felony after the sentencing

offense was committed. MCL 777.57(2)(a).

• A conviction for felony-firearm may not be counted

under PRV 7. MCL 777.57(2)(b).

• A concurrent felony conviction that will result in a

mandatory* consecutive sentence may not be counted

under PRV 7. MCL 777.57(2)(c).

• (For offenses committed on or after March 1,

2003**) A concurrent felony conviction that will result

in a consecutive sentence imposed under MCL

333.7401(3) may not be counted under PRV 7. MCL

777.57(2)(c).

* The word “mandatory” was added to MCL 777.57(2)(c) by 1999 PA 227, effective December 28, 1999.

** 2002 PA 666, effective March 1, 2003.

1 subsequent or concurrent felony

conviction. MCL 777.57(1)(b).

No subsequent or concurrent felony

convictions. MCL 777.57(1)(c).

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PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

OV 1

Aggravated Use of Weapon

MCL 777.31

OV 1 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

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. MCL 777.31(1)(a).

• Each person who was placed in danger of injury or

loss of life is counted as a victim for purposes of scoring

OV 1. MCL 777.31(2)(a).

• In multiple offender cases, if one offender is assigned

points for the presence or use of a weapon, all offenders

must be assigned the same number of points. MCL

777.31(2)(b).

• Score five points if an offender used an object to

suggest the presence of a weapon. MCL 777.31(2)(c).

• (For offenses committed on or after October 23,

2001**) Score five points if an offender used a chemical

irritant, a chemical irritant device, a smoke device, or an

imitation harmful substance or device. MCL

777.31(2)(d).

• Do not score five points if the conviction offense is a

violation of MCL 750.82 (felonious assault) or MCL

750.529 (armed robbery). MCL 777.31(2)(e).

• “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” are defined in MCL 750.200h.

MCL 777.31(3)(a).**

• “Incendiary device” includes gasoline or any other

flammable substance, a blowtorch, fire bomb, Molotov

cocktail, or other similar device. MCL 777.31(3)(b).**

* See 2002 PA 137, effective April 22, 2002, inserting MCL 777.31(1)(b) and relettering former MCL

777.31(1)(b)-(e) as MCL 777.31(1)(c)-(f).

** See 2001 PA 136, effective October 23, 2001, inserting MCL 777.31(2)(d), relettering former MCL

777.31(2)(d) as MCL 777.31(2)(e), and adding former MCL 777.31(3) (now MCL 777.31(3)(a)). See also

2002 PA 137, effective April 22, 2002, adding MCL 777.31(3)(b) and amending former MCL 777.31(3)

(redesignated MCL 777.31(3)(a)). Consult former versions of MCL 777.31 for crimes committed before

April 22, 2002.

(Score only for offenses committed on or

after April 22, 2002*) 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.

MCL 777.31(1)(b).

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. MCL 777.31(1)(c) (formerly MCL

777.31(1)(b)*).

The victim was touched by any other type of

weapon. MCL 777.31(1)(d) (formerly MCL

777.31(1)(c)*).

A weapon was displayed or implied. MCL

777.31(1)(e) (formerly MCL

777.31(1)(d)*).

No aggravated use of a weapon occurred.

MCL 777.31(1)(f) (formerly MCL

777.31(1)(e)*).

PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

OV 2

Lethal Potential of Weapon Possessed or Used*

MCL 777.32

OV 2 is scored for crimes against a person, crimes against property, and crimes involving a controlled substance. See MCL

777.22.

Pts Instructions

(Score only for offenses committed on or

after October 23, 2001*) 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.

MCL 777.32(1)(a).

• In multiple offender cases, if one offender is assessed

points for possessing a weapon, all offenders must be

assessed the same number of points. MCL 777.32(2).

• (For offenses committed on or after October 23,

2001*) “Harmful biological substance,” “harmful

biological device,” “harmful chemical substance,”

“harmful chemical device,” “harmful radioactive

material,” and “harmful radioactive device” are defined

in MCL 750.200h. MCL 777.32(3)(a).

• “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. MCL 777.32(3)(b) (formerly MCL

777.32(3)(a)*).

• “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. MCL 777.32(3)(c) (formerly MCL

777.32(3)(b)*).

• “Incendiary device” includes gasoline or any other

flammable substance, a blowtorch, fire bomb, Molotov

cocktail, or other similar device. MCL 777.32(3)(d)

(formerly MCL 777.32(3)(c)*).

* See 2001 PA 136, effective October 23, 2001, inserting MCL 777.32(1)(a) and MCL 777.32(3)(a); adding

“or used” to the introductory paragraph in MCL 777.32(1) and to all point-allocation subsections;

redesignating former MCL 777.32(1)(a)-(e) as MCL 777.32(1)(b)-(f); and redesignating former MCL

777.32(3)(a)-(c) as MCL 777.32(3)(b)-(d).

The offender possessed or used* an

incendiary device, an explosive device, or a

fully automatic weapon. MCL 777.32(1)(b).

The offender possessed or used* a short-

barreled rifle or a short-barreled shotgun.

MCL 777.32(1)(c).

The offender possessed or used* a pistol,

rifle, shotgun, or knife or other cutting or

stabbing weapon. MCL 777.32(1)(d).

The offender possessed or used* any other

potentially lethal weapon. MCL

777.32(1)(e).

The offender possessed or used* no weapon.

MCL 777.32(1)(f).

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PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

OV 3

Physical Injury to Victim

MCL 777.33

OV 3 is scored for all felony offenses. See MCL 777.22.

The shaded area in the chart below represents a point value that is not

scored for current offenses.

Pts Instructions

100

A victim was killed. MCL 777.33(1)(a); see

also MCL 777.33(2)(b).

• In multiple offender cases, if one offender is assessed

points for death or physical injury, all offenders must be

assessed the same number of points. MCL 777.33(2)(a).

• Score 100 points if death results from the commission

of a crime and homicide is not the sentencing offense.

MCL 777.33(2)(b). Any crime in which the death of a

human being is an element of the crime is a “homicide.”

MCL 777.1(c).

• (For offenses committed on or after September 30,

2003*) Score 50 points if death results from the

commission of a crime and the offense or attempted

offense involves the operation of a vehicle, vessel, ORV,

snowmobile, aircraft, or locomotive and any of the

following apply:

• the offender was under the influence of or visibly

impaired by the use of alcoholic liquor, a controlled

substance, or a combination of alcoholic liquor and

a controlled substance, MCL 777.33(2)(c)(i);

• the offender had an alcohol content of 0.08 grams

or more (or, beginning October 1, 2021, 0.10

grams or more) per 100 milliliters of blood, per 210

liters of breath, or per 67 milliliters of urine, MCL

777.33(2)(c)(ii); or

• the offender’s body contained any amount of a

controlled substance listed in schedule 1 under

MCL 333.7212 or a rule promulgated under that

section, or a controlled substance described in MCL

333.7214(a)(iv), MCL 777.33(2)(c)(iii).

• Do not score five points if bodily injury is an element

of the sentencing offense. MCL 777.33(2)(d) (formerly

MCL 777.33(2)(c)**).

• “Requiring medical treatment” refers to the necessity

for treatment and not the victim’s success in obtaining

treatment. MCL 777.33(3).

* See 2003 PA 134, effective September 30, 2003. See also 2013 PA 24, effective May 9, 2013.

** See 2000 PA 279, effective October 1, 2000.

(Score only for offenses committed on or

after September 30, 2003*) A victim was

killed. MCL 777.33(1)(b); see also MCL

777.33(2)(c).

(Score only for offenses committed on or

after October 1, 2000,** and before

September 30, 2003*) A victim was killed,

where death results from the commission of

a crime and the elements of the offense or

attempted offense involve the operation of a

vehicle, vessel, ORV, snowmobile, aircraft,

or locomotive under the influence or while

impaired causing death. Former MCL

777.33(1)(b); former MCL 777.33(2)(c).

Life threatening or permanent incapacitating

injury occurred to a victim. MCL

777.33(1)(c) (formerly MCL

777.33(1)(b)**).

Bodily injury requiring medical treatment

occurred to a victim. MCL 777.33(1)(d)

(formerly MCL 777.33(1)(c)**).

Bodily injury not requiring medical

treatment occurred to a victim, where bodily

injury is not an element of the sentencing

offense. MCL 777.33(1)(e) (formerly MCL

777.33(1)(d)**); MCL 777.33(2)(d)

(formerly MCL 777.33(2)(c)**).

No physical injury occurred to a victim.

MCL 777.33(1)(f) (formerly MCL

777.33(1)(e)**).

PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

OV 12

Contemporaneous Felonious Criminal Acts

MCL 777.42

OV 12 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

Three or more contemporaneous felonious

criminal acts involving crimes against a

person were committed. MCL 777.42(1)(a).

• A felonious criminal act is contemporaneous if both of

the following circumstances exist:

• the criminal act occurred within 24 hours of the

sentencing offense, MCL 777.42(2)(a)(i), and

• the criminal act has not resulted, and will not

result, in a separate conviction, MCL

777.42(2)(a)(ii).

• Violations of MCL 750.227b (possession of a firearm

during the commission of a felony or possession and use

of a pneumatic gun in furtherance of committing or

attempting to commit a felony) should not be counted

when scoring OV 12. MCL 777.42(2)(b).

• Conduct scored in OV 11 must not be scored under OV

12. MCL 777.42(2)(c).

Two contemporaneous felonious criminal

acts involving crimes against a person were

committed. MCL 777.42(1)(b).

Three or more contemporaneous felonious

criminal acts involving other crimes were

committed. MCL 777.42(1)(c).

One contemporaneous felonious criminal

act involving a crime against a person was

committed. MCL 777.42(1)(d).

Two contemporaneous felonious criminal

acts involving other crimes were

committed. MCL 777.42(1)(e).

One contemporaneous felonious criminal

act involving any other crime was

committed. MCL 777.42(1)(f).

No contemporaneous felonious criminal

acts were committed. MCL 777.42(1)(g).



PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

OV 13

Continuing Pattern of Criminal Behavior

MCL 777.43

OV 13 is scored for all felony offenses. See MCL 777.22.

Shaded areas in the chart below represent point values that are not

scored for current offenses.

Pts Instructions

(Score only for sentencing offenses

committed on or after October 1, 2000*) The

offense was part of a pattern of felonious

criminal activity involving 3 or more sexual

penetrations against a person or persons less

than 13 years of age, and the sentencing offense

is first-degree criminal sexual conduct. MCL

777.43(1)(a); MCL 777.43(2)(d).

• In scoring OV 13, all crimes within a five-year period,

including the sentencing offense, must be counted,

without regard to whether the offense resulted in a

conviction. MCL 777.43(2)(a).

• The existence of an organized criminal group may be

reasonably inferred from the facts surrounding the

sentencing offense, and the fact of the group’s existence

is more important than the presence or absence of

multiple offenders, the age of the offenders, or the

degree of sophistication of the organized criminal group.

MCL 777.43(2)(b).

• Do not consider conduct scored in OVs 11 or 12,

except for offenses related to membership in an

organized criminal group or (for sentencing offenses

committed on or after April 1, 2009**) that are gang-

related. MCL 777.43(2)(c).

• (For sentencing offenses committed on or after

October 1, 2000*) Score 50 points only if the sentencing

offense is first-degree criminal sexual conduct. MCL

777.43(2)(d).

• (For sentencing offenses committed on or after

March 1, 2003****) Only one controlled substance

offense arising out of the criminal episode for which the

offender is being sentenced may be counted when

scoring OV 13. MCL 777.43(2)(e).

• (For sentencing offenses committed on or after

March 1, 2003****) Only one crime involving the same

controlled substance may be counted under OV 13. For

example, conspiracy and a substantive offense involving

the same amount of controlled substances cannot both be

counted under OV 13. Similarly, possession and delivery

of the same amount of controlled substances may not be

counted as two crimes under OV 13. MCL 777.43(2)(f).

continued on

(Score only for sentencing offenses

committed on or after April 1, 2009**) The

offense was part of a pattern of felonious

criminal activity directly related to causing,

encouraging, recruiting, soliciting, or coercing

membership in a gang or communicating a

threat with intent to deter, punish, or retaliate

against another for withdrawing from a gang.

MCL 777.43(1)(b).

The offense was part of a pattern of felonious

criminal activity involving 3 or more crimes

against a person. MCL 777.43(1)(c) (formerly

MCL 777.43(1)(a)*; formerly MCL

777.43(1)(b)**).

(Score only for sentencing offenses

committed before December 28, 1999***)

The offense was part of a pattern of felonious

criminal activity involving 3 or more crimes

against property. Former MCL 777.43(1)(d)*.

(Score only for sentencing offenses

committed on or after March 1, 2003****)

The offense was part of a pattern of felonious

criminal activity involving a combination of 3

or more crimes against a person or property or a

violation of MCL 333.7401(2)(a)(i)-(iii) or

MCL 333.7403(2)(a)(i)-(iii). MCL

777.43(1)(d) (formerly MCL 777.42(1)(b)*;

formerly MCL 777.42(1)(c)**).

PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

(Score only for sentencing offenses

committed before April 1, 2009**) The

offense was part of a pattern of felonious

criminal activity directly related to

membership in an organized criminal

group. Former MCL 777.43(1)(c)*; former

MCL 777.43(1)(d)**.

(continued)

* 2000 PA 279, effective October 1, 2000.

** 2008 PA 562, effective April 1, 2009.

*** 1999 PA 227, effective December 28, 1999.

**** 2002 PA 666, effective March 1, 2003.

(Score only for sentencing offenses

committed before March 1, 2003****)

The offense was part of a pattern of

felonious criminal activity involving a

combination of 3 or more crimes against a

person or property. Former MCL

777.43(1)(b)*; former MCL

777.43(1)(c)**.

(Score only for sentencing offenses

committed on or after March 1,

2003****) The offense was part of a

pattern of felonious criminal activity

involving a combination of 3 or more

violations of MCL 333.7401(2)(a)(i)-(iii) or

MCL 333.7403(2)(a)(i)-(iii). MCL

777.43(1)(e).

(Score only for sentencing offenses

committed on or after December 28,

1999***) The offense was part of a pattern

of felonious criminal activity involving 3 or

more crimes against property. MCL

777.43(1)(f) (formerly MCL 777.43(1)(d)*;

formerly MCL 777.43(1)(e)****).

No pattern of felonious criminal activity

existed. MCL 777.43(1)(g) (formerly MCL

777.43(1)(e)*; formerly MCL

777.43(1)(f)****).

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PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

OV 14

Offender’s Role

MCL 777.44

OV 14 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

The offender was a leader in a multiple

offender situation. MCL 777.44(1)(a).

• Consider the entire criminal transaction when

determining the offender’s role. MCL 777.44(2)(a).

• If three or more offenders were involved, more than

one offender may be determined to have been a leader.

MCL 777.44(2)(b).

The offender was not a leader in a multiple

offender situation. MCL 777.44(1)(b).

PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

OV 15

Aggravated Controlled Substance Offenses

MCL 777.45

OV 15 is scored only for crimes involving a controlled substance. See MCL 777.22.

Shaded areas in the chart below represent point values that are not

scored for current offenses.

Pts Instructions

100

(Score only for offenses committed on or

after March 1, 2003*) The offense involved

the manufacture, creation, delivery,

possession, or possession with intent to

manufacture, create, or deliver of 1,000 or

more grams of any mixture containing a

controlled substance classified in schedule 1 or

2 that is a narcotic drug or a drug described in

MCL 333.7214(a)(iv). MCL 777.45(1)(a).

• “Deliver” means the actual or constructive transfer

of a controlled substance from one individual to

another regardless of remuneration. MCL

777.45(2)(a).

• A “minor” is an individual 17 years of age or less.

MCL 777.45(2)(b).

• “Trafficking” is the sale or delivery of controlled

substances or counterfeit controlled substances on a

continuing basis to one or more other individuals for

further distribution. MCL 777.45(2)(c).

(Score only for offenses committed on or

after March 1, 2003*) The offense involved

the manufacture, creation, delivery,

possession, or possession with intent to

manufacture, create, or deliver of 450 grams or

more but less than 1,000 grams of any mixture

containing a controlled substance classified in

schedule 1 or 2 that is a narcotic drug or a drug

described in MCL 333.7214(a)(iv). MCL

777.45(1)(b).

(Score only for offenses committed on or

after March 1, 2003*) The offense involved

the manufacture, creation, delivery,

possession, or possession with intent to

manufacture, create, or deliver of 50 or more

grams but less than 450 grams of any mixture

containing a controlled substance classified in

schedule 1 or 2 that is a narcotic drug or a drug

described in MCL 333.7214(a)(iv). MCL

777.45(1)(c).

continued on

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PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

(Score only for offenses committed on or

after March 19, 2014**) The offense

involved traveling from another state or

country to this state while in possession of any

mixture containing a controlled substance

classified in schedule 1 or 2 that is a narcotic

drug or a drug described in MCL 333.7212 or

MCL 333.7214 with the intent to deliver that

mixture in this state. MCL 777.45(1)(d).

(Score only for offenses committed on or

after March 1, 2003*) The offense involved

the sale or delivery of a controlled substance

other than marihuana or a mixture containing a

controlled substance other than marihuana by

the offender who was 18 years of age or older

to a minor who was 3 or more years younger

than the offender. MCL 777.45(1)(e) (formerly

MCL 777.45(1)(d)**).

(Score only for offenses committed before

March 1, 2003*) The offense involved the sale or

delivery of a controlled substance other than

marihuana or a mixture containing a controlled

substance other than marihuana by the offender

who was 18 years of age or older to a minor who

was 3 or more years younger than the offender.

Former MCL 777.45(1)(a).

(Score only for offenses committed before

March 1, 2003*) The offense involved the sale,

delivery, or possession with intent to sell or deliver

225 grams or more of a controlled substance

classified in schedule 1 or 2 or a mixture containing

a controlled substance classified in schedule 1 or 2.

Former MCL 777.45(1)(b).

(Score only for offenses committed before

March 1, 2003*) The offense involved the sale,

delivery, or possession with intent to sell or deliver

50 or more grams but less than 225 grams of a

controlled substance classified in schedule 1 or 2 or

a mixture containing a controlled substance

classified in schedule 1 or 2. Former MCL

777.45(1)(c).

(continued)

continued on

PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

The offense involved the sale, delivery, or

possession with intent to sell or deliver 45

kilograms or more of marihuana or 200 or

more of marihuana plants. MCL 777.45(1)(f)

(formerly MCL 777.45(1)(d)*; formerly MCL

777.45(1)(e)**).

* See 2002 PA 666, effective March 1, 2003.

** See 2013 PA 203, effective March 19, 2014.

(Score only for offenses committed on or

after March 1, 2003*) The offense is a

violation of MCL 333.7401(2)(a)(i)-(iii)

pertaining to a controlled substance classified

in schedule 1 or 2 that is a narcotic drug or a

drug described in MCL 333.7214(a)(iv) and

was committed in a minor’s abode, settled

home, or domicile, regardless of whether the

minor was present. MCL 777.45(1)(g)

(formerly MCL 777.45(1)(f)**).

The offense involved the delivery or

possession with the intent to deliver marihuana

or any other controlled substance or a

counterfeit controlled substance or possession

of controlled substances or counterfeit

controlled substances having a value or under

such circumstances as to indicate trafficking.

MCL 777.45(1)(h) (formerly MCL

777.45(1)(e)*; formerly MCL 777.45(1)(g)**).

The offense was not an offense described in

the categories above. MCL 777.45(1)(i)

(formerly MCL 777.45(1)(f)*; formerly MCL

777.45(1)(h)**).

(continued)

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PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

OV 19

Threat to Security of Penal Institution or Court or Interference With Administration of

Justice or Rendering of Emergency Services*

OV 19 is scored for all felony offenses. See MCL 777.22.

Shaded areas in the chart below represent point values that are not scored for current offenses.

Pts Instructions

The offender by his or her conduct threatened the

security of a penal institution or court. MCL

777.49(a).

(Score only for offenses committed on or after

October 23, 2001**) 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. MCL

777.49(b).

(Score only for offenses committed before

October 23, 2001**) The offender used force or

the threat of force against another person or the

property of another person to interfere with or

attempt to interfere with the administration of

justice. Former MCL 777.49(b).

The offender otherwise interfered with or

attempted to interfere with the administration of

justice, or directly or indirectly violated a

personal protection order.*** MCL 777.49(c).

(Score only for offenses committed on or

after April 22, 2002****) 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. MCL

777.49(d).

* The reference to “the rendering of emergency services” in the introductory paragraph in MCL 777.49

was added by 2002 PA 137, effective April 22, 2002.

** See 2001 PA 136, effective October 23, 2001.

*** The phrase “or directly or indirectly violated a personal protection order” was added to MCL

777.49(c) by 2018 PA 652, effective March 28, 2019.

**** See 2002 PA 137, effective April 22, 2002.

(Score only for offenses committed before

April 22, 2002****) 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. Former

MCL 777.49(d).

PRVsandOVs-CrimesInvolvingaControlledSubstance

PRVs and OVs - Crimes Involving a Controlled

Substance

OV 20

Terrorism

MCL 777.49a

OV 20 is scored for all felony offenses. See MCL 777.22.

Instructions

100

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. MCL 777.49a(1)(a).

• “Act of terrorism” and “terrorist” are defined in MCL

750.543b, and “terrorist organization” is defined in

MCL 750.543c.* MCL 777.49a(2)(a); MCL

777.49a(2)(d).

• “Harmful biological substance,” “harmful biological

device,” “harmful chemical substance,” “harmful

chemical device,” “harmful radioactive material,” and

“harmful radioactive device” are defined in MCL

750.200h. MCL 777.49a(2)(b).

• “Incendiary device” includes gasoline or any other

flammable substance, a blowtorch, fire bomb, Molotov

cocktail, or other similar device. MCL 777.49a(2)(c).

*An “[a]ct of terrorism” is “a willful and deliberate act that . . . would be a violent felony under [Michigan

law], whether or not committed in [Michigan,] . . . that the person knows or has reason to know is dangerous

to human life[, and] . . . that is intended to intimidate or coerce a civilian population or influence or affect

the conduct of government or a unit of government through intimidation or coercion.” MCL 750.543b(a)(i)-

(iii). A “[t]errorist” is “any person who engages or is about to engage in an act of terrorism.” MCL

750.543b(g). A “terrorist organization” is “an organization that, on [April 22, 2002], is designated by the

United States state department as engaging in or sponsoring an act of terrorism.” MCL 750.543c.

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. MCL 777.49a(1)(b).

The offender supported an act of terrorism, a

terrorist, or a terrorist organization. MCL

777.49a(1)(c).

The offender did not commit an act of

terrorism or support an act of terrorism, a

terrorist, or a terrorist organization. MCL

777.49a(1)(d).

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PRVsandOVs-CrimesAgainstPublicOrder

PRVs and OVs - Crimes Against Public Order

PRV 1

Prior High Severity Felony Convictions

MCL 777.51

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

3 or more prior high severity felony

convictions. MCL 777.51(1)(a).

A “prior high severity felony conviction” is a conviction for any

of the following crimes, if the conviction was entered before the

sentencing offense was committed*:

• a crime listed in class M2, A, B, C, or D (or a felony

under federal law or the law of another state that

corresponds to a crime listed in class M2, A, B, C, or

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of 10 years or more. MCL 777.51(2).

* The language “if the conviction was entered before the sentencing offense was committed” was added

by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

2 prior high severity felony convictions.

MCL 777.51(1)(b).

1 prior high severity felony conviction.

MCL 777.51(1)(c).

No prior high severity felony convictions.

MCL 777.51(1)(d).

PRV 2

Prior Low Severity Felony Convictions

MCL 777.52

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

4 or more prior low severity felony

convictions. MCL 777.52(1)(a).

A “prior low severity felony conviction” is a conviction for any

of the following crimes, if the conviction was entered before the

sentencing offense was committed*:

• a crime listed in class E, F, G, or H (or a felony under

federal law or the law of another state that

corresponds to a crime listed in class E, F, G, or H)

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of less than 10 years. MCL 777.52(2).

* The language “if the conviction was entered before the sentencing offense was committed” was added

by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

3 prior low severity felony convictions.

MCL 777.52(1)(b).

2 prior low severity felony convictions.

MCL 777.52(1)(c).

1 prior low severity felony conviction.

MCL 777.52(1)(d).

No prior low severity felony convictions.

MCL 777.52(1)(e).

PRVsandOVs-CrimesAgainstPublicOrder

PRVs and OVs - Crimes Against Public Order

PRV 3

Prior High Severity Juvenile Adjudications

MCL 777.53

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

3 or more prior high severity juvenile

adjudications. MCL 777.53(1)(a).

A “prior high severity juvenile adjudication” is an adjudication

for conduct that would be any of the following if committed by an

adult, if the order of disposition was entered before the sentencing

offense was committed*:

• a crime listed in class M2, A, B, C, or D (or a felony

under federal law or the law of another state that

corresponds to a crime listed in class M2, A, B, C, or

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of 10 years or more. MCL 777.53(2).

* The language “any of the following if committed by an adult, if the order of disposition was entered

before the sentencing offense was committed” was added by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

2 prior high severity juvenile

adjudications. MCL 777.53(1)(b).

1 prior high severity juvenile

adjudication. MCL 777.53(1)(c).

No prior high severity juvenile

adjudications. MCL 777.53(1)(d).

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PRVsandOVs-CrimesAgainstPublicOrder

PRVs and OVs - Crimes Against Public Order

PRV 4

Prior Low Severity Juvenile Adjudications

MCL 777.54

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Shaded areas in the chart below represent point values that are not scored for current offenses.

Pts The offender has: Instructions

6 or more prior low severity juvenile

adjudications. MCL 777.54(1)(a).

A “prior low severity juvenile adjudication” is an adjudication

for conduct that would be any of the following if committed by an

adult, if the order of disposition was entered before the sentencing

offense was committed**:

• a crime listed in class E, F, G, or H (or a felony under

federal law or the law of another state that

corresponds to a crime listed in class E, F, G, or H)

• (for offenses committed on or after January 9,

2007***) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of less than 10 years. MCL 777.54(2).

* See 2000 PA 279, effective October 1, 2000.

** The language “any of the following if committed by an adult, if the order of disposition was entered

before the sentencing offense was committed” was added by 2006 PA 655, effective January 9, 2007.

*** See 2006 PA 655, effective January 9, 2007.

(Score only for offenses committed on

or after October 1, 2000*) 5 prior low

severity juvenile adjudications. MCL

777.54(1)(b).

(Score only for offenses committed on

or after October 1, 2000*) 3 or 4 prior

low severity juvenile adjudications. MCL

777.54(1)(c) (formerly MCL

777.54(1)(b)*).

(Score only for offenses committed

before October 1, 2000*) 4 or 5 prior

low severity juvenile adjudications.

Former MCL 777.54(1)(b).

(Score only for offenses committed on

or after October 1, 2000*) 2 prior low

severity juvenile adjudications. MCL

777.54(1)(d) (formerly MCL

777.54(1)(c)*).

(Score only for offenses committed

before October 1, 2000*) 2 or 3 prior

low severity juvenile adjudications.

Former MCL 777.54(1)(c).

1 prior low severity juvenile adjudication.

MCL 777.54(1)(e) (formerly MCL

777.54(1)(d)*).

No prior low severity juvenile

adjudications. MCL 777.54(1)(f)

(formerly MCL 777.54(1)(e)*).

PRVsandOVs-CrimesAgainstPublicOrder

PRVs and OVs - Crimes Against Public Order

PRV 5

Prior Misdemeanor Convictions or Prior Misdemeanor Juvenile Adjudications

MCL 777.55

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

7 or more prior misdemeanor convictions

or prior misdemeanor juvenile

adjudications. MCL 777.55(1)(a).

A “prior misdemeanor conviction” is a conviction:

• for a misdemeanor offense under Michigan law or

the law of a political subdivision of Michigan, or

under the law of another state or a political

subdivision of another state, or under the law of the

United States,

• if the conviction was entered before the sentencing

offense was committed. MCL 777.55(3)(a).

A “prior misdemeanor juvenile adjudication” is a juvenile

adjudication:

• for conduct that, if committed by an adult, would be

a misdemeanor under Michigan law or the law of a

political subdivision of Michigan, or under the law of

another state or a political subdivision of another

state, or under the law of the United States,

• if the order of disposition for the juvenile

adjudication was entered before the sentencing

offense was committed. MCL 777.55(3)(b).

5 or 6 prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(b).

3 or 4 prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(c).

2 prior misdemeanor convictions or prior

misdemeanor juvenile adjudications.

MCL 777.55(1)(d).

1 prior misdemeanor conviction or prior

misdemeanor juvenile adjudication. MCL

777.55(1)(e).

No prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(f).

Special Instructions for PRV 5:

• A prior conviction used to enhance the sentencing offense to a felony may not be counted under PRV 5.

MCL 777.55(2)(a); MCL 777.55(2)(b).

• (For offenses committed on or after October 1, 2000*) Only the following may be counted as “a prior

misdemeanor conviction” or “a prior misdemeanor juvenile adjudication” for purposes of scoring PRV 5:

• a prior misdemeanor conviction or prior misdemeanor juvenile adjudication that is an offense against a

person or property, a controlled substance offense, or a weapon offense, MCL 777.55(2)(a),** and

• all prior misdemeanor convictions and prior misdemeanor juvenile adjudications for operating or

attempting to operate a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive while under the

influence of or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled

substance, MCL 777.55(2)(b).***

* See 2000 PA 279, effective October 1, 2000.

substance crime, or a weapon offense enumerated in . . . MCL 750.222 to [MCL] 750.239a.” See 2000 PA 279, effective October 1, 2000.

influence of or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled substance.” Former MCL 777.55(2)(b). See 2000 PA 279, effective October 1, 2000.

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PRVsandOVs-CrimesAgainstPublicOrder

PRVs and OVs - Crimes Against Public Order

PRV 6

Relationship to Criminal Justice System

MCL 777.56

Pts

Instructions

Offender is a prisoner of the department

of corrections or serving a sentence in jail

(including an individual who is an

escapee). MCL 777.56(1)(a); MCL

777.56(3)(b).

• PRV 6 assesses points based on an offender’s

relationship to the criminal justice system at the time the

sentencing offense was committed.*

• The appropriate point value under PRV 6 should be

assessed against an offender who is involved with the

criminal justice system in another state or the United

States. MCL 777.56(2).

• “Delayed sentence status” includes (but is not limited

to) assignment or deferral under MCL 333.7411

(deferral for certain controlled substance offenses),

MCL 600.1076(4) (deferral involving drug treatment

courts), MCL 750.350a (deferral under limited

circumstances for parental kidnapping), MCL 750.430

(deferral for impaired healthcare professionals), MCL

762.11—MCL 762.15 (assignment to youthful trainee

status), and MCL 769.4a (deferral under limited

circumstances for domestic assault). MCL

777.56(3)(a)(i)-(vi).**

* See People v Johnson (Angelo), 293 Mich App 79, 85 (2011); People v Endres, 269 Mich App 414, 422-

423 (2006).

** See 2004 PA 220, effective January 1, 2005 (inserting MCL 777.56(3)(a)(ii) (referring to deferral under

MCL 600.1076(4)) and MCL 777.56(3)(a)(iv) (referring to deferral under MCL 750.430) and redesignating

former MCL 777.56(3)(a)(ii)-(iv) accordingly).

Offender is incarcerated in jail awaiting

adjudication or sentencing on a

conviction or probation violation. MCL

777.56(1)(b).

Offender is on parole, probation, or

delayed sentence status or on bond

awaiting adjudication or sentencing for a

felony. MCL 777.56(1)(c).

Offender is on probation or delayed

sentence status or on bond awaiting

adjudication or sentencing for a

misdemeanor. MCL 777.56(1)(d).

Offender has no relationship to the

criminal justice system. MCL

777.56(1)(e).

PRVsandOVs-CrimesAgainstPublicOrder

PRVs and OVs - Crimes Against Public Order

PRV 7

Subsequent or Concurrent Felony Convictions

MCL 777.57

Pts The offender has:

Instructions

2 or more subsequent or concurrent

felony convictions. MCL 777.57(1)(a).

• The appropriate point value under PRV 7 should be

assessed if the offender was convicted of multiple felony

counts or was convicted of a felony after the sentencing

offense was committed. MCL 777.57(2)(a).

• A conviction for felony-firearm may not be counted

under PRV 7. MCL 777.57(2)(b).

• A concurrent felony conviction that will result in a

mandatory* consecutive sentence may not be counted

under PRV 7. MCL 777.57(2)(c).

• (For offenses committed on or after March 1,

2003**) A concurrent felony conviction that will result

in a consecutive sentence imposed under MCL

333.7401(3) may not be counted under PRV 7. MCL

777.57(2)(c).

* The word “mandatory” was added to MCL 777.57(2)(c) by 1999 PA 227, effective December 28, 1999.

** 2002 PA 666, effective March 1, 2003.

1 subsequent or concurrent felony

conviction. MCL 777.57(1)(b).

No subsequent or concurrent felony

convictions. MCL 777.57(1)(c).

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PRVsandOVs-CrimesAgainstPublicOrder

PRVs and OVs - Crimes Against Public Order

OV 1

Aggravated Use of Weapon

MCL 777.31

OV 1 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

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. MCL 777.31(1)(a).

• Each person who was placed in danger of injury or

loss of life is counted as a victim for purposes of scoring

OV 1. MCL 777.31(2)(a).

• In multiple offender cases, if one offender is assigned

points for the presence or use of a weapon, all offenders

must be assigned the same number of points. MCL

777.31(2)(b).

• Score five points if an offender used an object to

suggest the presence of a weapon. MCL 777.31(2)(c).

• (For offenses committed on or after October 23,

2001**) Score five points if an offender used a chemical

irritant, a chemical irritant device, a smoke device, or an

imitation harmful substance or device. MCL

777.31(2)(d).

• Do not score five points if the conviction offense is a

violation of MCL 750.82 (felonious assault) or MCL

750.529 (armed robbery). MCL 777.31(2)(e).

• “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” are defined in MCL 750.200h.

MCL 777.31(3)(a).**

• “Incendiary device” includes gasoline or any other

flammable substance, a blowtorch, fire bomb, Molotov

cocktail, or other similar device. MCL 777.31(3)(b).**

* See 2002 PA 137, effective April 22, 2002, inserting MCL 777.31(1)(b) and relettering former MCL

777.31(1)(b)-(e) as MCL 777.31(1)(c)-(f).

** See 2001 PA 136, effective October 23, 2001, inserting MCL 777.31(2)(d), relettering former MCL

777.31(2)(d) as MCL 777.31(2)(e), and adding former MCL 777.31(3) (now MCL 777.31(3)(a)). See also

2002 PA 137, effective April 22, 2002, adding MCL 777.31(3)(b) and amending former MCL 777.31(3)

(redesignated MCL 777.31(3)(a)). Consult former versions of MCL 777.31 for crimes committed before

April 22, 2002.

(Score only for offenses committed on or

after April 22, 2002*) 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.

MCL 777.31(1)(b).

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. MCL 777.31(1)(c) (formerly MCL

777.31(1)(b)*).

The victim was touched by any other type of

weapon. MCL 777.31(1)(d) (formerly MCL

777.31(1)(c)*).

A weapon was displayed or implied. MCL

777.31(1)(e) (formerly MCL

777.31(1)(d)*).

No aggravated use of a weapon occurred.

MCL 777.31(1)(f) (formerly MCL

777.31(1)(e)*).

PRVsandOVs-CrimesAgainstPublicOrder

PRVs and OVs - Crimes Against Public Order

OV 3

Physical Injury to Victim

MCL 777.33

OV 3 is scored for all felony offenses. See MCL 777.22.

The shaded area in the chart below represents a point value that is not

scored for current offenses.

Pts Instructions

100

A victim was killed. MCL 777.33(1)(a); see

also MCL 777.33(2)(b).

• In multiple offender cases, if one offender is assessed

points for death or physical injury, all offenders must be

assessed the same number of points. MCL 777.33(2)(a).

• Score 100 points if death results from the commission

of a crime and homicide is not the sentencing offense.

MCL 777.33(2)(b). Any crime in which the death of a

human being is an element of the crime is a “homicide.”

MCL 777.1(c).

• (For offenses committed on or after September 30,

2003*) Score 50 points if death results from the

commission of a crime and the offense or attempted

offense involves the operation of a vehicle, vessel, ORV,

snowmobile, aircraft, or locomotive and any of the

following apply:

• the offender was under the influence of or visibly

impaired by the use of alcoholic liquor, a controlled

substance, or a combination of alcoholic liquor and

a controlled substance, MCL 777.33(2)(c)(i);

• the offender had an alcohol content of 0.08 grams

or more (or, beginning October 1, 2021, 0.10

grams or more) per 100 milliliters of blood, per 210

liters of breath, or per 67 milliliters of urine, MCL

777.33(2)(c)(ii); or

• the offender’s body contained any amount of a

controlled substance listed in schedule 1 under

MCL 333.7212 or a rule promulgated under that

section, or a controlled substance described in MCL

333.7214(a)(iv), MCL 777.33(2)(c)(iii).

• Do not score five points if bodily injury is an element

of the sentencing offense. MCL 777.33(2)(d) (formerly

MCL 777.33(2)(c)**).

• “Requiring medical treatment” refers to the necessity

for treatment and not the victim’s success in obtaining

treatment. MCL 777.33(3).

* See 2003 PA 134, effective September 30, 2003. See also 2013 PA 24, effective May 9, 2013.

** See 2000 PA 279, effective October 1, 2000.

(Score only for offenses committed on or

after September 30, 2003*) A victim was

killed. MCL 777.33(1)(b); see also MCL

777.33(2)(c).

(Score only for offenses committed on or

after October 1, 2000,** and before

September 30, 2003*) A victim was killed,

where death results from the commission of

a crime and the elements of the offense or

attempted offense involve the operation of a

vehicle, vessel, ORV, snowmobile, aircraft,

or locomotive under the influence or while

impaired causing death. Former MCL

777.33(1)(b); former MCL 777.33(2)(c).

Life threatening or permanent incapacitating

injury occurred to a victim. MCL

777.33(1)(c) (formerly MCL

777.33(1)(b)**).

Bodily injury requiring medical treatment

occurred to a victim. MCL 777.33(1)(d)

(formerly MCL 777.33(1)(c)**).

Bodily injury not requiring medical

treatment occurred to a victim, where bodily

injury is not an element of the sentencing

offense. MCL 777.33(1)(e) (formerly MCL

777.33(1)(d)**); MCL 777.33(2)(d)

(formerly MCL 777.33(2)(c)**).

No physical injury occurred to a victim.

MCL 777.33(1)(f) (formerly MCL

777.33(1)(e)**).

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PRVsandOVs-CrimesAgainstPublicOrder

PRVs and OVs - Crimes Against Public Order

OV 4

Psychological Injury to Victim

MCL 777.34

OV 4 is scored for all felony offenses except crimes involving a controlled substance. See MCL 777.22.

Pts Instructions

Serious psychological injury requiring

professional treatment occurred to a victim.

MCL 777.34(1)(a).

Score ten points if the victim’s serious psychological injury may

require professional treatment. The fact that treatment has not

been sought is not conclusive. MCL 777.34(2).

* This statement was added to MCL 777.34(1) by 2018 PA 652, effective March 28, 2019.

For a conviction under MCL 750.50b,

serious psychological injury requiring

professional treatment occurred to the owner

of a companion animal. MCL 777.34(1)(b).*

No serious psychological injury requiring

professional treatment occurred to a victim.

MCL 777.34(1)(c).

PRVsandOVs-CrimesAgainstPublicOrder

PRVs and OVs - Crimes Against Public Order

OV 9

Number of Victims

MCL 777.39

OV 9 is scored for all felony offenses except crimes involving a controlled substance. See MCL 777.22.

Shaded areas in the chart below represent point values that are not scored for current offenses.

Pts Instructions

100

Multiple deaths occurred in a homicide

case. MCL 777.39(1)(a); MCL

777.39(2)(b).

• (For offenses committed before March 30, 2007*)

Count each person who was placed in danger of injury

or loss of life as a “victim” for purposes of scoring OV

9. Former MCL 777.39(2)(a).

• (For offenses committed on or after March 30,

2007*) Count each person who was placed in danger of

physical injury or loss of life or property as a “victim”

for purposes of scoring OV 9. MCL 777.39(2)(a).

• Score 100 points only in homicide cases. MCL

777.39(2)(b). Any crime in which the death of a human

being is an element of the crime is a “homicide.” MCL

777.1(c).

* See 2006 PA 548, effective March 30, 2007.

(Score only for offenses committed on or

after March 30, 2007*) 10 or more victims

were placed in danger of physical injury or

death, or 20 or more victims were placed in

danger of property loss. MCL 777.39(1)(b).

(Score only for offenses committed

before March 30, 2007*) 10 or more

victims were placed in danger of injury or

loss of life. Former MCL 777.39(1)(b);

former MCL 777.39(2)(a).

(Score only for offenses committed on or

after March 30, 2007*) 2 to 9 victims were

placed in danger of physical injury or death,

or 4 to 19 victims were placed in danger of

property loss. MCL 777.39(1)(c).

(Score only for offenses committed

before March 30, 2007*) 2 to 9 victims

were placed in danger of injury or loss of

life. Former MCL 777.39(1)(c); former

MCL 777.39(2)(a).

(Score only for offenses committed on or

after March 30, 2007*) Fewer than 2

victims were placed in danger of physical

injury or death, or fewer than 4 victims

were placed in danger of property loss.

MCL 777.39(1)(d).

(Score only for offenses committed

before March 30, 2007*) Fewer than 2

victims were placed in danger of injury or

loss of life. Former MCL 777.39(1)(d);

former MCL 777.39(2)(a).

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PRVsandOVs-CrimesAgainstPublicOrder

PRVs and OVs - Crimes Against Public Order

OV 10

Exploitation of Vulnerable Victim

MCL 777.40

OV 10 is scored for all felony offenses except crimes involving controlled substances. See MCL 777.22.

Pts Instructions

Predatory conduct was involved. MCL

777.40(1)(a).

• The mere existence of one or more of the factors

described in MCL 777.40(1) does not automatically

equate with victim vulnerability. MCL 777.40(2).

• “Predatory conduct” is “preoffense conduct directed at

a victim, or a law enforcement officer posing as a

potential victim,

[*]

for the primary purpose of

victimization.” MCL 777.40(3)(a).

• To “exploit” a victim is “to manipulate a victim for

selfish or unethical purposes. Exploit also means to

violate [MCL 750.50b] for the purpose of manipulating a

victim for selfish or unethical purposes.” MCL

777.40(3)(b).**

• “Vulnerability” is “the readily apparent susceptibility

of a victim to injury, physical restraint, persuasion, or

temptation.” MCL 777.40(3)(c).

• “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.” MCL 777.40(3)(d).

* The phrase “[o]r a law enforcement officer posing as a potential victim” was added to MCL 777.40(3)(a)

by 2014 PA 350, effective October 17, 2014.

** The second sentence of this definition was added to MCL 777.40(3)(b) by 2018 PA 652, effective March

28, 2019.

The offender exploited a victim’s physical

disability, mental disability, or youth or

agedness, or a domestic relationship, or the

offender abused his or her authority status.

MCL 777.40(1)(b).

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. MCL 777.40(1)(c).

The offender did not exploit a victim’s

vulnerability. MCL 777.40(1)(d).

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PRVs and OVs - Crimes Against Public Order

OV 12

Contemporaneous Felonious Criminal Acts

MCL 777.42

OV 12 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

Three or more contemporaneous felonious

criminal acts involving crimes against a

person were committed. MCL 777.42(1)(a).

• A felonious criminal act is contemporaneous if both of

the following circumstances exist:

• the criminal act occurred within 24 hours of the

sentencing offense, MCL 777.42(2)(a)(i), and

• the criminal act has not resulted, and will not

result, in a separate conviction, MCL

777.42(2)(a)(ii).

• Violations of MCL 750.227b (possession of a firearm

during the commission of a felony or possession and use

of a pneumatic gun in furtherance of committing or

attempting to commit a felony) should not be counted

when scoring OV 12. MCL 777.42(2)(b).

• Conduct scored in OV 11 must not be scored under OV

12. MCL 777.42(2)(c).

Two contemporaneous felonious criminal

acts involving crimes against a person were

committed. MCL 777.42(1)(b).

Three or more contemporaneous felonious

criminal acts involving other crimes were

committed. MCL 777.42(1)(c).

One contemporaneous felonious criminal

act involving a crime against a person was

committed. MCL 777.42(1)(d).

Two contemporaneous felonious criminal

acts involving other crimes were

committed. MCL 777.42(1)(e).

One contemporaneous felonious criminal

act involving any other crime was

committed. MCL 777.42(1)(f).

No contemporaneous felonious criminal

acts were committed. MCL 777.42(1)(g).

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PRVsandOVs-CrimesAgainstPublicOrder

PRVs and OVs - Crimes Against Public Order

OV 13

Continuing Pattern of Criminal Behavior

MCL 777.43

OV 13 is scored for all felony offenses. See MCL 777.22.

Shaded areas in the chart below represent point values that are not

scored for current offenses.

Pts Instructions

(Score only for sentencing offenses

committed on or after October 1, 2000*) The

offense was part of a pattern of felonious

criminal activity involving 3 or more sexual

penetrations against a person or persons less

than 13 years of age, and the sentencing offense

is first-degree criminal sexual conduct. MCL

777.43(1)(a); MCL 777.43(2)(d).

• In scoring OV 13, all crimes within a five-year period,

including the sentencing offense, must be counted,

without regard to whether the offense resulted in a

conviction. MCL 777.43(2)(a).

• The existence of an organized criminal group may be

reasonably inferred from the facts surrounding the

sentencing offense, and the fact of the group’s existence

is more important than the presence or absence of

multiple offenders, the age of the offenders, or the

degree of sophistication of the organized criminal group.

MCL 777.43(2)(b).

• Do not consider conduct scored in OVs 11 or 12,

except for offenses related to membership in an

organized criminal group or (for sentencing offenses

committed on or after April 1, 2009**) that are gang-

related. MCL 777.43(2)(c).

• (For sentencing offenses committed on or after

October 1, 2000*) Score 50 points only if the sentencing

offense is first-degree criminal sexual conduct. MCL

777.43(2)(d).

• (For sentencing offenses committed on or after

March 1, 2003****) Only one controlled substance

offense arising out of the criminal episode for which the

offender is being sentenced may be counted when

scoring OV 13. MCL 777.43(2)(e).

• (For sentencing offenses committed on or after

March 1, 2003****) Only one crime involving the same

controlled substance may be counted under OV 13. For

example, conspiracy and a substantive offense involving

the same amount of controlled substances cannot both be

counted under OV 13. Similarly, possession and delivery

of the same amount of controlled substances may not be

counted as two crimes under OV 13. MCL 777.43(2)(f).

continued on

(Score only for sentencing offenses

committed on or after April 1, 2009**) The

offense was part of a pattern of felonious

criminal activity directly related to causing,

encouraging, recruiting, soliciting, or coercing

membership in a gang or communicating a

threat with intent to deter, punish, or retaliate

against another for withdrawing from a gang.

MCL 777.43(1)(b).

The offense was part of a pattern of felonious

criminal activity involving 3 or more crimes

against a person. MCL 777.43(1)(c) (formerly

MCL 777.43(1)(a)*; formerly MCL

777.43(1)(b)**).

(Score only for sentencing offenses

committed before December 28, 1999***)

The offense was part of a pattern of felonious

criminal activity involving 3 or more crimes

against property. Former MCL 777.43(1)(d)*.

(Score only for sentencing offenses

committed on or after March 1, 2003****)

The offense was part of a pattern of felonious

criminal activity involving a combination of 3

or more crimes against a person or property or a

violation of MCL 333.7401(2)(a)(i)-(iii) or

MCL 333.7403(2)(a)(i)-(iii). MCL

777.43(1)(d) (formerly MCL 777.42(1)(b)*;

formerly MCL 777.42(1)(c)**).

PRVsandOVs-CrimesAgainstPublicOrder

PRVs and OVs - Crimes Against Public Order

(Score only for sentencing offenses

committed before April 1, 2009**) The

offense was part of a pattern of felonious

criminal activity directly related to

membership in an organized criminal

group. Former MCL 777.43(1)(c)*; former

MCL 777.43(1)(d)**.

(continued)

* 2000 PA 279, effective October 1, 2000.

** 2008 PA 562, effective April 1, 2009.

*** 1999 PA 227, effective December 28, 1999.

**** 2002 PA 666, effective March 1, 2003.

(Score only for sentencing offenses

committed before March 1, 2003****)

The offense was part of a pattern of

felonious criminal activity involving a

combination of 3 or more crimes against a

person or property. Former MCL

777.43(1)(b)*; former MCL

777.43(1)(c)**.

(Score only for sentencing offenses

committed on or after March 1,

2003****) The offense was part of a

pattern of felonious criminal activity

involving a combination of 3 or more

violations of MCL 333.7401(2)(a)(i)-(iii) or

MCL 333.7403(2)(a)(i)-(iii). MCL

777.43(1)(e).

(Score only for sentencing offenses

committed on or after December 28,

1999***) The offense was part of a pattern

of felonious criminal activity involving 3 or

more crimes against property. MCL

777.43(1)(f) (formerly MCL 777.43(1)(d)*;

formerly MCL 777.43(1)(e)****).

No pattern of felonious criminal activity

existed. MCL 777.43(1)(g) (formerly MCL

777.43(1)(e)*; formerly MCL

777.43(1)(f)****).

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PRVsandOVs-CrimesAgainstPublicOrder

PRVs and OVs - Crimes Against Public Order

OV 14

Offender’s Role

MCL 777.44

OV 14 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

The offender was a leader in a multiple

offender situation. MCL 777.44(1)(a).

• Consider the entire criminal transaction when

determining the offender’s role. MCL 777.44(2)(a).

• If three or more offenders were involved, more than

one offender may be determined to have been a leader.

MCL 777.44(2)(b).

The offender was not a leader in a multiple

offender situation. MCL 777.44(1)(b).

OV 16

Property Obtained, Damaged, Lost, or Destroyed

MCL 777.46

OV 16 is scored for all felony offenses except crimes involving a controlled substance. Score for a crime against a person

only if the sentencing offense is a violation or attempted violation of MCL 750.110a (home invasion). See MCL 777.22.

Pts Instructions

For a conviction under MCL 750.50, the

property was 25 or more animals. MCL

777.46(1)(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. MCL 777.46(2)(a).

• Use the value of the property to score OV 16 in cases in

which the property was obtained unlawfully, lost to the

lawful owner, or destroyed. If the property was damaged,

use the monetary amount appropriate to restore the

property to pre-offense condition. MCL 777.46(2)(b).

• The amount of money or property involved in admitted

but uncharged offenses or in charges dismissed under a

plea agreement may be considered in scoring OV 16.

MCL 777.46(2)(c).

• Score OV 16 for a crime against a person only if the

sentencing offense is a violation or attempted violation

of MCL 750.110a (home invasion). MCL 777.22(1).

* This statement was added to MCL 777.46(1) by 2018 PA 652, effective March 28, 2019.

** Before December 28, 1999, this provision referred to “[t]he property destroyed” (emphasis supplied). See

1999 PA 227, effective December 28, 1999.

For a conviction under MCL 750.50, the

property was 10 or more animals but fewer

than 25 animals. MCL 777.46(1)(b).*

Wanton or malicious damage occurred

beyond that necessary to commit the crime

for which the offender is not charged and

will not be charged. MCL 777.46(1)(c).

The property had a value of more than

$20,000.00 or had significant historical,

social, or sentimental value. MCL

777.46(1)(d).

The property** had a value of $1,000.00 or

more but not more than $20,000.00. MCL

777.46(1)(e).

The property** had a value of $200.00 or

more but not more than $1,000.00. MCL

777.46(1)(f).

No property was obtained, damaged, lost, or

destroyed or the property had a value of less

than $200.00. MCL 777.46(1)(g).

PRVsandOVs-CrimesAgainstPublicOrder

PRVs and OVs - Crimes Against Public Order

OV 19

Threat to Security of Penal Institution or Court or Interference With Administration of

Justice or Rendering of Emergency Services*

OV 19 is scored for all felony offenses. See MCL 777.22.

Shaded areas in the chart below represent point values that are not

scored for current offenses.

Pts Instructions

The offender by his or her conduct threatened the

security of a penal institution or court. MCL

777.49(a).

(Score only for offenses committed on or after

October 23, 2001**) 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. MCL

777.49(b).

(Score only for offenses committed before

October 23, 2001**) The offender used force or

the threat of force against another person or the

property of another person to interfere with or

attempt to interfere with the administration of

justice. Former MCL 777.49(b).

The offender otherwise interfered with or

attempted to interfere with the administration of

justice, or directly or indirectly violated a

personal protection order.*** MCL 777.49(c).

(Score only for offenses committed on or

after April 22, 2002****) 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. MCL

777.49(d).

* The reference to “the rendering of emergency services” in the introductory paragraph in MCL 777.49

was added by 2002 PA 137, effective April 22, 2002.

** See 2001 PA 136, effective October 23, 2001.

*** The phrase “or directly or indirectly violated a personal protection order” was added to MCL

777.49(c) by 2018 PA 652, effective March 28, 2019.

**** See 2002 PA 137, effective April 22, 2002.

(Score only for offenses committed before

April 22, 2002****) 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. Former

MCL 777.49(d).

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PRVsandOVs-CrimesAgainstPublicOrder

PRVs and OVs - Crimes Against Public Order

OV 20

Terrorism

MCL 777.49a

OV 20 is scored for all felony offenses. See MCL 777.22.

Instructions

100

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. MCL 777.49a(1)(a).

• “Act of terrorism” and “terrorist” are defined in MCL

750.543b, and “terrorist organization” is defined in

MCL 750.543c.* MCL 777.49a(2)(a); MCL

777.49a(2)(d).

• “Harmful biological substance,” “harmful biological

device,” “harmful chemical substance,” “harmful

chemical device,” “harmful radioactive material,” and

“harmful radioactive device” are defined in MCL

750.200h. MCL 777.49a(2)(b).

• “Incendiary device” includes gasoline or any other

flammable substance, a blowtorch, fire bomb, Molotov

cocktail, or other similar device. MCL 777.49a(2)(c).

*An “[a]ct of terrorism” is “a willful and deliberate act that . . . would be a violent felony under [Michigan

law], whether or not committed in [Michigan,] . . . that the person knows or has reason to know is dangerous

to human life[, and] . . . that is intended to intimidate or coerce a civilian population or influence or affect

the conduct of government or a unit of government through intimidation or coercion.” MCL 750.543b(a)(i)-

(iii). A “[t]errorist” is “any person who engages or is about to engage in an act of terrorism.” MCL

750.543b(g). A “terrorist organization” is “an organization that, on [April 22, 2002], is designated by the

United States state department as engaging in or sponsoring an act of terrorism.” MCL 750.543c.

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. MCL 777.49a(1)(b).

The offender supported an act of terrorism, a

terrorist, or a terrorist organization. MCL

777.49a(1)(c).

The offender did not commit an act of

terrorism or support an act of terrorism, a

terrorist, or a terrorist organization. MCL

777.49a(1)(d).

PRVsandOVs-CrimesAgainstPublicOrder

PRVs and OVs - Crimes Against Public Order

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PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

PRV 1

Prior High Severity Felony Convictions

MCL 777.51

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

3 or more prior high severity felony

convictions. MCL 777.51(1)(a).

A “prior high severity felony conviction” is a conviction for any

of the following crimes, if the conviction was entered before the

sentencing offense was committed*:

• a crime listed in class M2, A, B, C, or D (or a felony

under federal law or the law of another state that

corresponds to a crime listed in class M2, A, B, C, or

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of 10 years or more. MCL 777.51(2).

* The language “if the conviction was entered before the sentencing offense was committed” was added

by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

2 prior high severity felony convictions.

MCL 777.51(1)(b).

1 prior high severity felony conviction.

MCL 777.51(1)(c).

No prior high severity felony convictions.

MCL 777.51(1)(d).

PRV 2

Prior Low Severity Felony Convictions

MCL 777.52

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

4 or more prior low severity felony

convictions. MCL 777.52(1)(a).

A “prior low severity felony conviction” is a conviction for any

of the following crimes, if the conviction was entered before the

sentencing offense was committed*:

• a crime listed in class E, F, G, or H (or a felony under

federal law or the law of another state that

corresponds to a crime listed in class E, F, G, or H)

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of less than 10 years. MCL 777.52(2).

* The language “if the conviction was entered before the sentencing offense was committed” was added

by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

3 prior low severity felony convictions.

MCL 777.52(1)(b).

2 prior low severity felony convictions.

MCL 777.52(1)(c).

1 prior low severity felony conviction.

MCL 777.52(1)(d).

No prior low severity felony convictions.

MCL 777.52(1)(e).

PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

PRV 3

Prior High Severity Juvenile Adjudications

MCL 777.53

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

3 or more prior high severity juvenile

adjudications. MCL 777.53(1)(a).

A “prior high severity juvenile adjudication” is an adjudication

for conduct that would be any of the following if committed by an

adult, if the order of disposition was entered before the sentencing

offense was committed*:

• a crime listed in class M2, A, B, C, or D (or a felony

under federal law or the law of another state that

corresponds to a crime listed in class M2, A, B, C, or

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of 10 years or more. MCL 777.53(2).

* The language “any of the following if committed by an adult, if the order of disposition was entered

before the sentencing offense was committed” was added by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

2 prior high severity juvenile

adjudications. MCL 777.53(1)(b).

1 prior high severity juvenile

adjudication. MCL 777.53(1)(c).

No prior high severity juvenile

adjudications. MCL 777.53(1)(d).

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PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

PRV 4

Prior Low Severity Juvenile Adjudications

MCL 777.54

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Shaded areas in the chart below represent point values that are not scored for current offenses.

Pts The offender has: Instructions

6 or more prior low severity juvenile

adjudications. MCL 777.54(1)(a).

A “prior low severity juvenile adjudication” is an adjudication

for conduct that would be any of the following if committed by an

adult, if the order of disposition was entered before the sentencing

offense was committed**:

• a crime listed in class E, F, G, or H (or a felony under

federal law or the law of another state that

corresponds to a crime listed in class E, F, G, or H)

• (for offenses committed on or after January 9,

2007***) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of less than 10 years. MCL 777.54(2).

* See 2000 PA 279, effective October 1, 2000.

** The language “any of the following if committed by an adult, if the order of disposition was entered

before the sentencing offense was committed” was added by 2006 PA 655, effective January 9, 2007.

*** See 2006 PA 655, effective January 9, 2007.

(Score only for offenses committed on

or after October 1, 2000*) 5 prior low

severity juvenile adjudications. MCL

777.54(1)(b).

(Score only for offenses committed on

or after October 1, 2000*) 3 or 4 prior

low severity juvenile adjudications. MCL

777.54(1)(c) (formerly MCL

777.54(1)(b)*).

(Score only for offenses committed

before October 1, 2000*) 4 or 5 prior

low severity juvenile adjudications.

Former MCL 777.54(1)(b).

(Score only for offenses committed on

or after October 1, 2000*) 2 prior low

severity juvenile adjudications. MCL

777.54(1)(d) (formerly MCL

777.54(1)(c)*).

(Score only for offenses committed

before October 1, 2000*) 2 or 3 prior

low severity juvenile adjudications.

Former MCL 777.54(1)(c).

1 prior low severity juvenile adjudication.

MCL 777.54(1)(e) (formerly MCL

777.54(1)(d)*).

No prior low severity juvenile

adjudications. MCL 777.54(1)(f)

(formerly MCL 777.54(1)(e)*).

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PRVs and OVs - Crimes Against Public Safety

PRV 5

Prior Misdemeanor Convictions or Prior Misdemeanor Juvenile Adjudications

MCL 777.55

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

7 or more prior misdemeanor convictions

or prior misdemeanor juvenile

adjudications. MCL 777.55(1)(a).

A “prior misdemeanor conviction” is a conviction:

• for a misdemeanor offense under Michigan law or

the law of a political subdivision of Michigan, or

under the law of another state or a political

subdivision of another state, or under the law of the

United States,

• if the conviction was entered before the sentencing

offense was committed. MCL 777.55(3)(a).

A “prior misdemeanor juvenile adjudication” is a juvenile

adjudication:

• for conduct that, if committed by an adult, would be

a misdemeanor under Michigan law or the law of a

political subdivision of Michigan, or under the law of

another state or a political subdivision of another

state, or under the law of the United States,

• if the order of disposition for the juvenile

adjudication was entered before the sentencing

offense was committed. MCL 777.55(3)(b).

5 or 6 prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(b).

3 or 4 prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(c).

2 prior misdemeanor convictions or prior

misdemeanor juvenile adjudications.

MCL 777.55(1)(d).

1 prior misdemeanor conviction or prior

misdemeanor juvenile adjudication. MCL

777.55(1)(e).

No prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(f).

Special Instructions for PRV 5:

• A prior conviction used to enhance the sentencing offense to a felony may not be counted under PRV 5.

MCL 777.55(2)(a); MCL 777.55(2)(b).

• (For offenses committed on or after October 1, 2000*) Only the following may be counted as “a prior

misdemeanor conviction” or “a prior misdemeanor juvenile adjudication” for purposes of scoring PRV 5:

• a prior misdemeanor conviction or prior misdemeanor juvenile adjudication that is an offense against a

person or property, a controlled substance offense, or a weapon offense, MCL 777.55(2)(a),** and

• all prior misdemeanor convictions and prior misdemeanor juvenile adjudications for operating or

attempting to operate a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive while under the

influence of or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled

substance, MCL 777.55(2)(b).***

* See 2000 PA 279, effective October 1, 2000.

substance crime, or a weapon offense enumerated in . . . MCL 750.222 to [MCL] 750.239a.” See 2000 PA 279, effective October 1, 2000.

influence of or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled substance.” Former MCL 777.55(2)(b). See 2000 PA 279, effective October 1, 2000.

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PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

PRV 6

Relationship to Criminal Justice System

MCL 777.56

Pts

Instructions

Offender is a prisoner of the department

of corrections or serving a sentence in jail

(including an individual who is an

escapee). MCL 777.56(1)(a); MCL

777.56(3)(b).

• PRV 6 assesses points based on an offender’s

relationship to the criminal justice system at the time the

sentencing offense was committed.*

• The appropriate point value under PRV 6 should be

assessed against an offender who is involved with the

criminal justice system in another state or the United

States. MCL 777.56(2).

• “Delayed sentence status” includes (but is not limited

to) assignment or deferral under MCL 333.7411

(deferral for certain controlled substance offenses),

MCL 600.1076(4) (deferral involving drug treatment

courts), MCL 750.350a (deferral under limited

circumstances for parental kidnapping), MCL 750.430

(deferral for impaired healthcare professionals), MCL

762.11—MCL 762.15 (assignment to youthful trainee

status), and MCL 769.4a (deferral under limited

circumstances for domestic assault). MCL

777.56(3)(a)(i)-(vi).**

* See People v Johnson (Angelo), 293 Mich App 79, 85 (2011); People v Endres, 269 Mich App 414, 422-

423 (2006).

** See 2004 PA 220, effective January 1, 2005 (inserting MCL 777.56(3)(a)(ii) (referring to deferral under

MCL 600.1076(4)) and MCL 777.56(3)(a)(iv) (referring to deferral under MCL 750.430) and redesignating

former MCL 777.56(3)(a)(ii)-(iv) accordingly).

Offender is incarcerated in jail awaiting

adjudication or sentencing on a

conviction or probation violation. MCL

777.56(1)(b).

Offender is on parole, probation, or

delayed sentence status or on bond

awaiting adjudication or sentencing for a

felony. MCL 777.56(1)(c).

Offender is on probation or delayed

sentence status or on bond awaiting

adjudication or sentencing for a

misdemeanor. MCL 777.56(1)(d).

Offender has no relationship to the

criminal justice system. MCL

777.56(1)(e).

PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

PRV 7

Subsequent or Concurrent Felony Convictions

MCL 777.57

Pts The offender has:

Instructions

2 or more subsequent or concurrent

felony convictions. MCL 777.57(1)(a).

• The appropriate point value under PRV 7 should be

assessed if the offender was convicted of multiple felony

counts or was convicted of a felony after the sentencing

offense was committed. MCL 777.57(2)(a).

• A conviction for felony-firearm may not be counted

under PRV 7. MCL 777.57(2)(b).

• A concurrent felony conviction that will result in a

mandatory* consecutive sentence may not be counted

under PRV 7. MCL 777.57(2)(c).

• (For offenses committed on or after March 1,

2003**) A concurrent felony conviction that will result

in a consecutive sentence imposed under MCL

333.7401(3) may not be counted under PRV 7. MCL

777.57(2)(c).

* The word “mandatory” was added to MCL 777.57(2)(c) by 1999 PA 227, effective December 28, 1999.

** 2002 PA 666, effective March 1, 2003.

1 subsequent or concurrent felony

conviction. MCL 777.57(1)(b).

No subsequent or concurrent felony

convictions. MCL 777.57(1)(c).

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PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

OV 1

Aggravated Use of Weapon

MCL 777.31

OV 1 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

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. MCL 777.31(1)(a).

• Each person who was placed in danger of injury or

loss of life is counted as a victim for purposes of scoring

OV 1. MCL 777.31(2)(a).

• In multiple offender cases, if one offender is assigned

points for the presence or use of a weapon, all offenders

must be assigned the same number of points. MCL

777.31(2)(b).

• Score five points if an offender used an object to

suggest the presence of a weapon. MCL 777.31(2)(c).

• (For offenses committed on or after October 23,

2001**) Score five points if an offender used a chemical

irritant, a chemical irritant device, a smoke device, or an

imitation harmful substance or device. MCL

777.31(2)(d).

• Do not score five points if the conviction offense is a

violation of MCL 750.82 (felonious assault) or MCL

750.529 (armed robbery). MCL 777.31(2)(e).

• “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” are defined in MCL 750.200h.

MCL 777.31(3)(a).**

• “Incendiary device” includes gasoline or any other

flammable substance, a blowtorch, fire bomb, Molotov

cocktail, or other similar device. MCL 777.31(3)(b).**

* See 2002 PA 137, effective April 22, 2002, inserting MCL 777.31(1)(b) and relettering former MCL

777.31(1)(b)-(e) as MCL 777.31(1)(c)-(f).

** See 2001 PA 136, effective October 23, 2001, inserting MCL 777.31(2)(d), relettering former MCL

777.31(2)(d) as MCL 777.31(2)(e), and adding former MCL 777.31(3) (now MCL 777.31(3)(a)). See also

2002 PA 137, effective April 22, 2002, adding MCL 777.31(3)(b) and amending former MCL 777.31(3)

(redesignated MCL 777.31(3)(a)). Consult former versions of MCL 777.31 for crimes committed before

April 22, 2002.

(Score only for offenses committed on or

after April 22, 2002*) 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.

MCL 777.31(1)(b).

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. MCL 777.31(1)(c) (formerly MCL

777.31(1)(b)*).

The victim was touched by any other type of

weapon. MCL 777.31(1)(d) (formerly MCL

777.31(1)(c)*).

A weapon was displayed or implied. MCL

777.31(1)(e) (formerly MCL

777.31(1)(d)*).

No aggravated use of a weapon occurred.

MCL 777.31(1)(f) (formerly MCL

777.31(1)(e)*).

PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

OV 3

Physical Injury to Victim

MCL 777.33

OV 3 is scored for all felony offenses. See MCL 777.22.

The shaded area in the chart below represents a point value that is not

scored for current offenses.

Pts Instructions

100

A victim was killed. MCL 777.33(1)(a); see

also MCL 777.33(2)(b).

• In multiple offender cases, if one offender is assessed

points for death or physical injury, all offenders must be

assessed the same number of points. MCL 777.33(2)(a).

• Score 100 points if death results from the commission

of a crime and homicide is not the sentencing offense.

MCL 777.33(2)(b). Any crime in which the death of a

human being is an element of the crime is a “homicide.”

MCL 777.1(c).

• (For offenses committed on or after September 30,

2003*) Score 50 points if death results from the

commission of a crime and the offense or attempted

offense involves the operation of a vehicle, vessel, ORV,

snowmobile, aircraft, or locomotive and any of the

following apply:

• the offender was under the influence of or visibly

impaired by the use of alcoholic liquor, a controlled

substance, or a combination of alcoholic liquor and

a controlled substance, MCL 777.33(2)(c)(i);

• the offender had an alcohol content of 0.08 grams

or more (or, beginning October 1, 2021, 0.10

grams or more) per 100 milliliters of blood, per 210

liters of breath, or per 67 milliliters of urine, MCL

777.33(2)(c)(ii); or

• the offender’s body contained any amount of a

controlled substance listed in schedule 1 under

MCL 333.7212 or a rule promulgated under that

section, or a controlled substance described in MCL

333.7214(a)(iv), MCL 777.33(2)(c)(iii).

• Do not score five points if bodily injury is an element

of the sentencing offense. MCL 777.33(2)(d) (formerly

MCL 777.33(2)(c)**).

• “Requiring medical treatment” refers to the necessity

for treatment and not the victim’s success in obtaining

treatment. MCL 777.33(3).

* See 2003 PA 134, effective September 30, 2003. See also 2013 PA 24, effective May 9, 2013.

** See 2000 PA 279, effective October 1, 2000.

(Score only for offenses committed on or

after September 30, 2003*) A victim was

killed. MCL 777.33(1)(b); see also MCL

777.33(2)(c).

(Score only for offenses committed on or

after October 1, 2000,** and before

September 30, 2003*) A victim was killed,

where death results from the commission of

a crime and the elements of the offense or

attempted offense involve the operation of a

vehicle, vessel, ORV, snowmobile, aircraft,

or locomotive under the influence or while

impaired causing death. Former MCL

777.33(1)(b); former MCL 777.33(2)(c).

Life threatening or permanent incapacitating

injury occurred to a victim. MCL

777.33(1)(c) (formerly MCL

777.33(1)(b)**).

Bodily injury requiring medical treatment

occurred to a victim. MCL 777.33(1)(d)

(formerly MCL 777.33(1)(c)**).

Bodily injury not requiring medical

treatment occurred to a victim, where bodily

injury is not an element of the sentencing

offense. MCL 777.33(1)(e) (formerly MCL

777.33(1)(d)**); MCL 777.33(2)(d)

(formerly MCL 777.33(2)(c)**).

No physical injury occurred to a victim.

MCL 777.33(1)(f) (formerly MCL

777.33(1)(e)**).

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PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

OV 4

Psychological Injury to Victim

MCL 777.34

OV 4 is scored for all felony offenses except crimes involving a controlled substance. See MCL 777.22.

Pts Instructions

Serious psychological injury requiring

professional treatment occurred to a victim.

MCL 777.34(1)(a).

Score ten points if the victim’s serious psychological injury may

require professional treatment. The fact that treatment has not

been sought is not conclusive. MCL 777.34(2).

*This statement was added to MCL 777.34(1) by 2018 PA 652, effective March 28, 2019.

For a conviction under MCL 750.50b,

serious psychological injury requiring

professional treatment occurred to the owner

of a companion animal. MCL 777.34(1)(b).*

No serious psychological injury requiring

professional treatment occurred to a victim.

MCL 777.34(1)(c).

PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

OV 9

Number of Victims

MCL 777.39

OV 9 is scored for all felony offenses except crimes involving a controlled substance. See MCL 777.22.

Shaded areas in the chart below represent point values that are not scored for current offenses.

Pts Instructions

100

Multiple deaths occurred in a homicide

case. MCL 777.39(1)(a); MCL

777.39(2)(b).

• (For offenses committed before March 30, 2007*)

Count each person who was placed in danger of injury

or loss of life as a “victim” for purposes of scoring OV

9. Former MCL 777.39(2)(a).

• (For offenses committed on or after March 30,

2007*) Count each person who was placed in danger of

physical injury or loss of life or property as a “victim”

for purposes of scoring OV 9. MCL 777.39(2)(a).

• Score 100 points only in homicide cases. MCL

777.39(2)(b). Any crime in which the death of a human

being is an element of the crime is a “homicide.” MCL

777.1(c).

* See 2006 PA 548, effective March 30, 2007.

(Score only for offenses committed on or

after March 30, 2007*) 10 or more victims

were placed in danger of physical injury or

death, or 20 or more victims were placed in

danger of property loss. MCL 777.39(1)(b).

(Score only for offenses committed

before March 30, 2007*) 10 or more

victims were placed in danger of injury or

loss of life. Former MCL 777.39(1)(b);

former MCL 777.39(2)(a).

(Score only for offenses committed on or

after March 30, 2007*) 2 to 9 victims were

placed in danger of physical injury or death,

or 4 to 19 victims were placed in danger of

property loss. MCL 777.39(1)(c).

(Score only for offenses committed

before March 30, 2007*) 2 to 9 victims

were placed in danger of injury or loss of

life. Former MCL 777.39(1)(c); former

MCL 777.39(2)(a).

(Score only for offenses committed on or

after March 30, 2007*) Fewer than 2

victims were placed in danger of physical

injury or death, or fewer than 4 victims

were placed in danger of property loss.

MCL 777.39(1)(d).

(Score only for offenses committed

before March 30, 2007*) Fewer than 2

victims were placed in danger of injury or

loss of life. Former MCL 777.39(1)(d);

former MCL 777.39(2)(a).



PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

OV 10

Exploitation of Vulnerable Victim

MCL 777.40

OV 10 is scored for all felony offenses except crimes involving controlled substances. See MCL 777.22.

Pts Instructions

Predatory conduct was involved. MCL

777.40(1)(a).

• The mere existence of one or more of the factors

described in MCL 777.40(1) does not automatically

equate with victim vulnerability. MCL 777.40(2).

• “Predatory conduct” is “preoffense conduct directed at

a victim, or a law enforcement officer posing as a

potential victim,

[*]

for the primary purpose of

victimization.” MCL 777.40(3)(a).

• To “exploit” a victim is “to manipulate a victim for

selfish or unethical purposes. Exploit also means to

violate [MCL 750.50b] for the purpose of manipulating a

victim for selfish or unethical purposes.” MCL

777.40(3)(b).**

• “Vulnerability” is “the readily apparent susceptibility

of a victim to injury, physical restraint, persuasion, or

temptation.” MCL 777.40(3)(c).

• “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.” MCL 777.40(3)(d).

* The phrase “[o]r a law enforcement officer posing as a potential victim” was added to MCL 777.40(3)(a)

by 2014 PA 350, effective October 17, 2014.

** The second sentence of this definition was added to MCL 777.40(3)(b) by 2018 PA 652, effective March

28, 2019.

The offender exploited a victim’s physical

disability, mental disability, or youth or

agedness, or a domestic relationship, or the

offender abused his or her authority status.

MCL 777.40(1)(b).

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. MCL 777.40(1)(c).

The offender did not exploit a victim’s

vulnerability. MCL 777.40(1)(d).

PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

OV 12

Contemporaneous Felonious Criminal Acts

MCL 777.42

OV 12 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

Three or more contemporaneous felonious

criminal acts involving crimes against a

person were committed. MCL 777.42(1)(a).

• A felonious criminal act is contemporaneous if both of

the following circumstances exist:

• the criminal act occurred within 24 hours of the

sentencing offense, MCL 777.42(2)(a)(i), and

• the criminal act has not resulted, and will not

result, in a separate conviction, MCL

777.42(2)(a)(ii).

• Violations of MCL 750.227b (possession of a firearm

during the commission of a felony or possession and use

of a pneumatic gun in furtherance of committing or

attempting to commit a felony) should not be counted

when scoring OV 12. MCL 777.42(2)(b).

• Conduct scored in OV 11 must not be scored under OV

12. MCL 777.42(2)(c).

Two contemporaneous felonious criminal

acts involving crimes against a person were

committed. MCL 777.42(1)(b).

Three or more contemporaneous felonious

criminal acts involving other crimes were

committed. MCL 777.42(1)(c).

One contemporaneous felonious criminal

act involving a crime against a person was

committed. MCL 777.42(1)(d).

Two contemporaneous felonious criminal

acts involving other crimes were

committed. MCL 777.42(1)(e).

One contemporaneous felonious criminal

act involving any other crime was

committed. MCL 777.42(1)(f).

No contemporaneous felonious criminal

acts were committed. MCL 777.42(1)(g).



PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

OV 13

Continuing Pattern of Criminal Behavior

MCL 777.43

OV 13 is scored for all felony offenses. See MCL 777.22.

Shaded areas in the chart below represent point values that are not

scored for current offenses.

Pts Instructions

(Score only for sentencing offenses

committed on or after October 1, 2000*) The

offense was part of a pattern of felonious

criminal activity involving 3 or more sexual

penetrations against a person or persons less

than 13 years of age, and the sentencing offense

is first-degree criminal sexual conduct. MCL

777.43(1)(a); MCL 777.43(2)(d).

• In scoring OV 13, all crimes within a five-year period,

including the sentencing offense, must be counted,

without regard to whether the offense resulted in a

conviction. MCL 777.43(2)(a).

• The existence of an organized criminal group may be

reasonably inferred from the facts surrounding the

sentencing offense, and the fact of the group’s existence

is more important than the presence or absence of

multiple offenders, the age of the offenders, or the

degree of sophistication of the organized criminal group.

MCL 777.43(2)(b).

• Do not consider conduct scored in OVs 11 or 12,

except for offenses related to membership in an

organized criminal group or (for sentencing offenses

committed on or after April 1, 2009**) that are gang-

related. MCL 777.43(2)(c).

• (For sentencing offenses committed on or after

October 1, 2000*) Score 50 points only if the sentencing

offense is first-degree criminal sexual conduct. MCL

777.43(2)(d).

• (For sentencing offenses committed on or after

March 1, 2003****) Only one controlled substance

offense arising out of the criminal episode for which the

offender is being sentenced may be counted when

scoring OV 13. MCL 777.43(2)(e).

• (For sentencing offenses committed on or after

March 1, 2003****) Only one crime involving the same

controlled substance may be counted under OV 13. For

example, conspiracy and a substantive offense involving

the same amount of controlled substances cannot both be

counted under OV 13. Similarly, possession and delivery

of the same amount of controlled substances may not be

counted as two crimes under OV 13. MCL 777.43(2)(f).

continued on

(Score only for sentencing offenses

committed on or after April 1, 2009**) The

offense was part of a pattern of felonious

criminal activity directly related to causing,

encouraging, recruiting, soliciting, or coercing

membership in a gang or communicating a

threat with intent to deter, punish, or retaliate

against another for withdrawing from a gang.

MCL 777.43(1)(b).

The offense was part of a pattern of felonious

criminal activity involving 3 or more crimes

against a person. MCL 777.43(1)(c) (formerly

MCL 777.43(1)(a)*; formerly MCL

777.43(1)(b)**).

(Score only for sentencing offenses

committed before December 28, 1999***)

The offense was part of a pattern of felonious

criminal activity involving 3 or more crimes

against property. Former MCL 777.43(1)(d)*.

(Score only for sentencing offenses

committed on or after March 1, 2003****)

The offense was part of a pattern of felonious

criminal activity involving a combination of 3

or more crimes against a person or property or a

violation of MCL 333.7401(2)(a)(i)-(iii) or

MCL 333.7403(2)(a)(i)-(iii). MCL

777.43(1)(d) (formerly MCL 777.42(1)(b)*;

formerly MCL 777.42(1)(c)**).

PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

(Score only for sentencing offenses

committed before April 1, 2009**) The

offense was part of a pattern of felonious

criminal activity directly related to

membership in an organized criminal

group. Former MCL 777.43(1)(c)*; former

MCL 777.43(1)(d)**.

(continued)

* 2000 PA 279, effective October 1, 2000.

** 2008 PA 562, effective April 1, 2009.

*** 1999 PA 227, effective December 28, 1999.

**** 2002 PA 666, effective March 1, 2003.

(Score only for sentencing offenses

committed before March 1, 2003****)

The offense was part of a pattern of

felonious criminal activity involving a

combination of 3 or more crimes against a

person or property. Former MCL

777.43(1)(b)*; former MCL

777.43(1)(c)**.

(Score only for sentencing offenses

committed on or after March 1,

2003****) The offense was part of a

pattern of felonious criminal activity

involving a combination of 3 or more

violations of MCL 333.7401(2)(a)(i)-(iii) or

MCL 333.7403(2)(a)(i)-(iii). MCL

777.43(1)(e).

(Score only for sentencing offenses

committed on or after December 28,

1999***) The offense was part of a pattern

of felonious criminal activity involving 3 or

more crimes against property. MCL

777.43(1)(f) (formerly MCL 777.43(1)(d)*;

formerly MCL 777.43(1)(e)****).

No pattern of felonious criminal activity

existed. MCL 777.43(1)(g) (formerly MCL

777.43(1)(e)*; formerly MCL

777.43(1)(f)****).

OV 14

Offender’s Role

MCL 777.44

OV 14 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

The offender was a leader in a multiple

offender situation. MCL 777.44(1)(a).

• Consider the entire criminal transaction when

determining the offender’s role. MCL 777.44(2)(a).

• If three or more offenders were involved, more than

one offender may be determined to have been a leader.

MCL 777.44(2)(b).

The offender was not a leader in a multiple

offender situation. MCL 777.44(1)(b).



PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

OV 16

Property Obtained, Damaged, Lost, or Destroyed

MCL 777.46

OV 16 is scored for all felony offenses except crimes involving a controlled substance. Score for a crime against a person

only if the sentencing offense is a violation or attempted violation of MCL 750.110a (home invasion). See MCL 777.22.

Pts Instructions

For a conviction under MCL 750.50, the

property was 25 or more animals. MCL

777.46(1)(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. MCL 777.46(2)(a).

• Use the value of the property to score OV 16 in cases in

which the property was obtained unlawfully, lost to the

lawful owner, or destroyed. If the property was damaged,

use the monetary amount appropriate to restore the

property to pre-offense condition. MCL 777.46(2)(b).

• The amount of money or property involved in admitted

but uncharged offenses or in charges dismissed under a

plea agreement may be considered in scoring OV 16.

MCL 777.46(2)(c).

• Score OV 16 for a crime against a person only if the

sentencing offense is a violation or attempted violation

of MCL 750.110a (home invasion). MCL 777.22(1).

* This statement was added to MCL 777.46(1) by 2018 PA 652, effective March 28, 2019.

** Before December 28, 1999, this provision referred to “[t]he property destroyed” (emphasis supplied). See

1999 PA 227, effective December 28, 1999

For a conviction under MCL 750.50, the

property was 10 or more animals but fewer

than 25 animals. MCL 777.46(1)(b).*

Wanton or malicious damage occurred

beyond that necessary to commit the crime

for which the offender is not charged and

will not be charged. MCL 777.46(1)(c).

The property had a value of more than

$20,000.00 or had significant historical,

social, or sentimental value. MCL

777.46(1)(d).

The property** had a value of $1,000.00 or

more but not more than $20,000.00. MCL

777.46(1)(e).

The property** had a value of $200.00 or

more but not more than $1,000.00. MCL

777.46(1)(f).

No property was obtained, damaged, lost, or

destroyed or the property had a value of less

than $200.00. MCL 777.46(1)(g).

PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

OV 18

Operator Ability Affected by Alcohol or Drugs

MCL 777.48

OV 18 is scored only for crimes against a person and crimes against public safety. Score only if the offense or attempted

offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive. See MCL 777.22.

Shaded areas in the chart below represent point values that are not

scored for current offenses.

Pts Instructions

The offender operated a vehicle, vessel,

ORV, snowmobile, aircraft, or locomotive*

when his or her bodily alcohol content was

0.20 grams or more per 100 milliliters of

blood, per 210 liters of breath, or per 67 mil-

liliters of urine. MCL 777.48(1)(a).

• For purposes of scoring OV 18, “any bodily alcohol

content” is either of the following:

• an alcohol content of 0.02 grams or more but less

than 0.08 grams***** (or, beginning October 1,

2021, 0.02 grams or more but less than 0.10 grams)

per 100 milliliters of blood, per 210 liters of breath,

or per 67 milliliters of urine, MCL 777.48(2)(a), or

• any presence of alcohol within a person’s body

from the consumption of alcoholic or intoxicating

liquor other than the consumption of alcoholic or

intoxicating liquor as part of a generally recognized

religious service or ceremony, MCL

777.48(2)(b).****

• Score OV 18 only if the offense or attempted offense

involves the operation of a vehicle, vessel, ORV,

snowmobile, aircraft, or locomotive. MCL 777.22(1);

MCL 777.22(5).

Definitions for “aircraft,” “ORV,”

“snowmobile,” “vehicle,” and “vessel” are provided in

MCL 777.1.

continued on

The offender operated a vehicle, vessel,

ORV, snowmobile, aircraft, or locomotive*

when his or her bodily alcohol content was

0.15 grams or more but less than 0.20 grams

per 100 milliliters of blood, per 210 liters of

breath, or per 67 milliliters of urine. MCL

777.48(1)(b).

(Score only for offenses committed on or

after September 30, 2003**) The offender

operated a vehicle, vessel, ORV, snowmo-

bile, aircraft, or locomotive while the

offender was under the influence of alco-

holic or intoxicating liquor, a controlled sub-

stance, or a combination of alcoholic or

intoxicating liquor and a controlled sub-

stance; or while the offender’s body con-

tained any amount of a controlled substance

listed in schedule 1 under MCL 333.7212, or

a rule promulgated under that section, or a

controlled substance described in MCL

333.7214(a)(iv); or while the offender had

an alcohol content of 0.08 grams or more

but less than 0.15 grams per 100 milliliters

of blood, per 210 liters of breath, or per 67

milliliters of urine or, beginning October 1,

2021, the offender had an alcohol content of

0.10 grams or more but less than 0.15 grams

per 100 milliliters of blood, per 210 liters of

breath, or per 67 milliliters of urine. MCL

777.48(1)(c).

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PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

(Score only for offenses committed before

September 30, 2003**) The offender oper-

ated a vehicle, vessel, ORV, snowmobile,

aircraft, or locomotive* when his or her

bodily alcohol content was 0.10 grams or

more but less than 0.15 grams per 100 milli-

liters of blood, per 210 liters of breath, or

per 67 milliliters of urine, or while he or she

was under the influence of intoxicating

liquor or a controlled substance or a combi-

nation of intoxicating liquor and a controlled

substance. Former MCL 777.48(1)(c).

(continued)

(Score only for offenses committed on or

after September 30, 2003**) The offender

operated a vehicle, vessel, ORV, snowmo-

bile, aircraft, or locomotive while he or she

was visibly impaired by the use of alcoholic

or intoxicating liquor or a controlled sub-

stance or a combination of alcoholic or

intoxicating liquor and a controlled sub-

stance, or was less than 21 years of age and

had any bodily alcohol content. MCL

777.48(1)(d).

(Score only for offenses committed before

September 30, 2003**) The offender oper-

ated a vehicle, vessel, ORV, snowmobile,

aircraft, or locomotive* when his or her

bodily alcohol content was 0.07 grams or

more but less than 0.10 grams per 100 milli-

liters of blood, per 210 liters of breath, or

per 67 milliliters of urine, or while he or she

was visibly impaired by the use of intoxicat-

ing liquor or a controlled substance or a

combination of intoxicating liquor and a

controlled substance,*** or was less than 21

years of age and had any bodily alcohol con-

tent. Former MCL 777.48(1)(d).

The offender’s ability to operate a vehicle,

vessel, ORV, snowmobile, aircraft, or loco-

motive* was not affected by an alcoholic

or**** intoxicating liquor or a controlled

substance or a combination of alcoholic

or**** intoxicating liquor and a controlled

substance. MCL 777.48(1)(e).

* Before October 1, 2000, MCL 777.48(1)(a)-(e) referred only to operation of a “vehicle[.]” Effective

October 1, 2000, 2000 PA 279 added the words “vessel, ORV, snowmobile, aircraft, or locomotive” to

these subsections.

** See 2003 PA 134, effective September 30, 2003. See also 2013 PA 24, effective May 9, 2013.

*** Before December 28, 1999, “or while he or she was visibly impaired by the use of intoxicating

liquor and a controlled substance or a combination of intoxicating liquor or a controlled substance”

(emphasis supplied). See 1999 PA 227, effective December 28, 1999.

**** The words “alcoholic or” were added by 2003 PA 134, effective September 30, 2003.

***** For offenses committed before September 30, 2003, “not less than 0.02 grams or more than 0.07

grams[.]” See 2003 PA 134, effective September 30, 2003. See also 2013 PA 24, effective May 9, 2013.

PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

OV 19

Threat to Security of Penal Institution or Court or Interference With Administration of

Justice or Rendering of Emergency Services*

OV 19 is scored for all felony offenses. See MCL 777.22.

Shaded areas in the chart below represent point values that are not

scored for current offenses.

Pts Instructions

The offender by his or her conduct threatened the

security of a penal institution or court. MCL

777.49(a).

* The reference to “the rendering of emergency services” in the introductory paragraph in MCL 777.49

was added by 2002 PA 137, effective April 22, 2002.

** See 2001 PA 136, effective October 23, 2001.

*** The phrase “or directly or indirectly violated a personal protection order” was added to MCL

777.49(c) by 2018 PA 652, effective March 28, 2019.

**** See 2002 PA 137, effective April 22, 2002.

(Score only for offenses committed on or after

October 23, 2001**) 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. MCL

777.49(b).

(Score only for offenses committed before

October 23, 2001**) The offender used force or

the threat of force against another person or the

property of another person to interfere with or

attempt to interfere with the administration of

justice. Former MCL 777.49(b).

The offender otherwise interfered with or

attempted to interfere with the administration of

justice, or directly or indirectly violated a

personal protection order.*** MCL 777.49(c).

(Score only for offenses committed on or

after April 22, 2002****) 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. MCL

777.49(d).

(Score only for offenses committed before

April 22, 2002****) 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. Former

MCL 777.49(d).

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PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

OV 20

Terrorism

MCL 777.49a

OV 20 is scored for all felony offenses. See MCL 777.22.

Instructions

100

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. MCL 777.49a(1)(a).

• “Act of terrorism” and “terrorist” are defined in MCL

750.543b, and “terrorist organization” is defined in

MCL 750.543c.* MCL 777.49a(2)(a); MCL

777.49a(2)(d).

• “Harmful biological substance,” “harmful biological

device,” “harmful chemical substance,” “harmful

chemical device,” “harmful radioactive material,” and

“harmful radioactive device” are defined in MCL

750.200h. MCL 777.49a(2)(b).

• “Incendiary device” includes gasoline or any other

flammable substance, a blowtorch, fire bomb, Molotov

cocktail, or other similar device. MCL 777.49a(2)(c).

*An “[a]ct of terrorism” is “a willful and deliberate act that . . . would be a violent felony under [Michigan

law], whether or not committed in [Michigan,] . . . that the person knows or has reason to know is dangerous

to human life[, and] . . . that is intended to intimidate or coerce a civilian population or influence or affect

the conduct of government or a unit of government through intimidation or coercion.” MCL 750.543b(a)(i)-

(iii). A “[t]errorist” is “any person who engages or is about to engage in an act of terrorism.” MCL

750.543b(g). A “terrorist organization” is “an organization that, on [April 22, 2002], is designated by the

United States state department as engaging in or sponsoring an act of terrorism.” MCL 750.543c.

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. MCL 777.49a(1)(b).

The offender supported an act of terrorism, a

terrorist, or a terrorist organization. MCL

777.49a(1)(c).

The offender did not commit an act of

terrorism or support an act of terrorism, a

terrorist, or a terrorist organization. MCL

777.49a(1)(d).

PRVsandOVs-CrimesAgainstPublicSafety

PRVs and OVs - Crimes Against Public Safety

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PRVsandOVs-CrimesAgainstPublicTrust

PRVs and OVs - Crimes Against Public Trust

PRV 1

Prior High Severity Felony Convictions

MCL 777.51

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

3 or more prior high severity felony

convictions. MCL 777.51(1)(a).

A “prior high severity felony conviction” is a conviction for any

of the following crimes, if the conviction was entered before the

sentencing offense was committed*:

• a crime listed in class M2, A, B, C, or D (or a felony

under federal law or the law of another state that

corresponds to a crime listed in class M2, A, B, C, or

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of 10 years or more. MCL 777.51(2).

* The language “if the conviction was entered before the sentencing offense was committed” was added

by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

2 prior high severity felony convictions.

MCL 777.51(1)(b).

1 prior high severity felony conviction.

MCL 777.51(1)(c).

No prior high severity felony convictions.

MCL 777.51(1)(d).

PRV 2

Prior Low Severity Felony Convictions

MCL 777.52

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

4 or more prior low severity felony

convictions. MCL 777.52(1)(a).

A “prior low severity felony conviction” is a conviction for any

of the following crimes, if the conviction was entered before the

sentencing offense was committed*:

• a crime listed in class E, F, G, or H (or a felony under

federal law or the law of another state that

corresponds to a crime listed in class E, F, G, or H)

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of less than 10 years. MCL 777.52(2).

* The language “if the conviction was entered before the sentencing offense was committed” was added

by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

3 prior low severity felony convictions.

MCL 777.52(1)(b).

2 prior low severity felony convictions.

MCL 777.52(1)(c).

1 prior low severity felony conviction.

MCL 777.52(1)(d).

No prior low severity felony convictions.

MCL 777.52(1)(e).

PRVsandOVs-CrimesAgainstPublicTrust

PRVs and OVs - Crimes Against Public Trust

PRV 3

Prior High Severity Juvenile Adjudications

MCL 777.53

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

3 or more prior high severity juvenile

adjudications. MCL 777.53(1)(a).

A “prior high severity juvenile adjudication” is an adjudication

for conduct that would be any of the following if committed by an

adult, if the order of disposition was entered before the sentencing

offense was committed*:

• a crime listed in class M2, A, B, C, or D (or a felony

under federal law or the law of another state that

corresponds to a crime listed in class M2, A, B, C, or

• (for offenses committed on or after January 9,

2007**) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of 10 years or more. MCL 777.53(2).

* The language “any of the following if committed by an adult, if the order of disposition was entered

before the sentencing offense was committed” was added by 2006 PA 655, effective January 9, 2007.

** See 2006 PA 655, effective January 9, 2007.

2 prior high severity juvenile

adjudications. MCL 777.53(1)(b).

1 prior high severity juvenile

adjudication. MCL 777.53(1)(c).

No prior high severity juvenile

adjudications. MCL 777.53(1)(d).

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PRVsandOVs-CrimesAgainstPublicTrust

PRVs and OVs - Crimes Against Public Trust

PRV 4

Prior Low Severity Juvenile Adjudications

MCL 777.54

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Shaded areas in the chart below represent point values that are not scored for current offenses.

Pts The offender has: Instructions

6 or more prior low severity juvenile

adjudications. MCL 777.54(1)(a).

A “prior low severity juvenile adjudication” is an adjudication

for conduct that would be any of the following if committed by an

adult, if the order of disposition was entered before the sentencing

offense was committed**:

• a crime listed in class E, F, G, or H (or a felony under

federal law or the law of another state that

corresponds to a crime listed in class E, F, G, or H)

• (for offenses committed on or after January 9,

2007***) a felony that is not listed in any crime class

(or a felony under federal law or the law of another

state that does not correspond to a crime listed in any

class) that is punishable by a maximum term of

imprisonment of less than 10 years. MCL 777.54(2).

* See 2000 PA 279, effective October 1, 2000.

** The language “any of the following if committed by an adult, if the order of disposition was entered

before the sentencing offense was committed” was added by 2006 PA 655, effective January 9, 2007.

*** See 2006 PA 655, effective January 9, 2007.

(Score only for offenses committed on

or after October 1, 2000*) 5 prior low

severity juvenile adjudications. MCL

777.54(1)(b).

(Score only for offenses committed on

or after October 1, 2000*) 3 or 4 prior

low severity juvenile adjudications. MCL

777.54(1)(c) (formerly MCL

777.54(1)(b)*).

(Score only for offenses committed

before October 1, 2000*) 4 or 5 prior

low severity juvenile adjudications.

Former MCL 777.54(1)(b).

(Score only for offenses committed on

or after October 1, 2000*) 2 prior low

severity juvenile adjudications. MCL

777.54(1)(d) (formerly MCL

777.54(1)(c)*).

(Score only for offenses committed

before October 1, 2000*) 2 or 3 prior

low severity juvenile adjudications.

Former MCL 777.54(1)(c).

1 prior low severity juvenile adjudication.

MCL 777.54(1)(e) (formerly MCL

777.54(1)(d)*).

No prior low severity juvenile

adjudications. MCL 777.54(1)(f)

(formerly MCL 777.54(1)(e)*).

PRVsandOVs-CrimesAgainstPublicTrust

PRVs and OVs - Crimes Against Public Trust

PRV 5

Prior Misdemeanor Convictions or Prior Misdemeanor Juvenile Adjudications

MCL 777.55

All “prior convictions” must satisfy the 10-year gap requirements of MCL 777.50.

Pts The offender has: Instructions

7 or more prior misdemeanor convictions

or prior misdemeanor juvenile

adjudications. MCL 777.55(1)(a).

A “prior misdemeanor conviction” is a conviction:

• for a misdemeanor offense under Michigan law or

the law of a political subdivision of Michigan, or

under the law of another state or a political

subdivision of another state, or under the law of the

United States,

• if the conviction was entered before the sentencing

offense was committed. MCL 777.55(3)(a).

A “prior misdemeanor juvenile adjudication” is a juvenile

adjudication:

• for conduct that, if committed by an adult, would be

a misdemeanor under Michigan law or the law of a

political subdivision of Michigan, or under the law of

another state or a political subdivision of another

state, or under the law of the United States,

• if the order of disposition for the juvenile

adjudication was entered before the sentencing

offense was committed. MCL 777.55(3)(b).

5 or 6 prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(b).

3 or 4 prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(c).

2 prior misdemeanor convictions or prior

misdemeanor juvenile adjudications.

MCL 777.55(1)(d).

1 prior misdemeanor conviction or prior

misdemeanor juvenile adjudication. MCL

777.55(1)(e).

No prior misdemeanor convictions or

prior misdemeanor juvenile

adjudications. MCL 777.55(1)(f).

Special Instructions for PRV 5:

• A prior conviction used to enhance the sentencing offense to a felony may not be counted under PRV 5.

MCL 777.55(2)(a); MCL 777.55(2)(b).

• (For offenses committed on or after October 1, 2000*) Only the following may be counted as “a prior

misdemeanor conviction” or “a prior misdemeanor juvenile adjudication” for purposes of scoring PRV 5:

• a prior misdemeanor conviction or prior misdemeanor juvenile adjudication that is an offense against a

person or property, a controlled substance offense, or a weapon offense, MCL 777.55(2)(a),** and

• all prior misdemeanor convictions and prior misdemeanor juvenile adjudications for operating or

attempting to operate a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive while under the

influence of or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled

substance, MCL 777.55(2)(b).***

* See 2000 PA 279, effective October 1, 2000.

substance crime, or a weapon offense enumerated in . . . MCL 750.222 to [MCL] 750.239a.” See 2000 PA 279, effective October 1, 2000.

influence of or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled substance.” Former MCL 777.55(2)(b). See 2000 PA 279, effective October 1, 2000.

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PRVsandOVs-CrimesAgainstPublicTrust

PRVs and OVs - Crimes Against Public Trust

PRV 6

Relationship to Criminal Justice System

MCL 777.56

Pts

Instructions

Offender is a prisoner of the department

of corrections or serving a sentence in jail

(including an individual who is an

escapee). MCL 777.56(1)(a); MCL

777.56(3)(b).

• PRV 6 assesses points based on an offender’s

relationship to the criminal justice system at the time the

sentencing offense was committed.*

• The appropriate point value under PRV 6 should be

assessed against an offender who is involved with the

criminal justice system in another state or the United

States. MCL 777.56(2).

• “Delayed sentence status” includes (but is not limited

to) assignment or deferral under MCL 333.7411

(deferral for certain controlled substance offenses),

MCL 600.1076(4) (deferral involving drug treatment

courts), MCL 750.350a (deferral under limited

circumstances for parental kidnapping), MCL 750.430

(deferral for impaired healthcare professionals), MCL

762.11—MCL 762.15 (assignment to youthful trainee

status), and MCL 769.4a (deferral under limited

circumstances for domestic assault). MCL

777.56(3)(a)(i)-(vi).**

* See People v Johnson (Angelo), 293 Mich App 79, 85 (2011); People v Endres, 269 Mich App 414, 422-

423 (2006).

** See 2004 PA 220, effective January 1, 2005 (inserting MCL 777.56(3)(a)(ii) (referring to deferral under

MCL 600.1076(4)) and MCL 777.56(3)(a)(iv) (referring to deferral under MCL 750.430) and redesignating

former MCL 777.56(3)(a)(ii)-(iv) accordingly).

Offender is incarcerated in jail awaiting

adjudication or sentencing on a

conviction or probation violation. MCL

777.56(1)(b).

Offender is on parole, probation, or

delayed sentence status or on bond

awaiting adjudication or sentencing for a

felony. MCL 777.56(1)(c).

Offender is on probation or delayed

sentence status or on bond awaiting

adjudication or sentencing for a

misdemeanor. MCL 777.56(1)(d).

Offender has no relationship to the

criminal justice system. MCL

777.56(1)(e).

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PRVs and OVs - Crimes Against Public Trust

PRV 7

Subsequent or Concurrent Felony Convictions

MCL 777.57

Pts The offender has:

Instructions

2 or more subsequent or concurrent

felony convictions. MCL 777.57(1)(a).

• The appropriate point value under PRV 7 should be

assessed if the offender was convicted of multiple felony

counts or was convicted of a felony after the sentencing

offense was committed. MCL 777.57(2)(a).

• A conviction for felony-firearm may not be counted

under PRV 7. MCL 777.57(2)(b).

• A concurrent felony conviction that will result in a

mandatory* consecutive sentence may not be counted

under PRV 7. MCL 777.57(2)(c).

• (For offenses committed on or after March 1,

2003**) A concurrent felony conviction that will result

in a consecutive sentence imposed under MCL

333.7401(3) may not be counted under PRV 7. MCL

777.57(2)(c).

* The word “mandatory” was added to MCL 777.57(2)(c) by 1999 PA 227, effective December 28, 1999.

** 2002 PA 666, effective March 1, 2003.

1 subsequent or concurrent felony

conviction. MCL 777.57(1)(b).

No subsequent or concurrent felony

convictions. MCL 777.57(1)(c).

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PRVsandOVs-CrimesAgainstPublicTrust

PRVs and OVs - Crimes Against Public Trust

OV 1

Aggravated Use of Weapon

MCL 777.31

OV 1 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

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. MCL 777.31(1)(a).

• Each person who was placed in danger of injury or

loss of life is counted as a victim for purposes of scoring

OV 1. MCL 777.31(2)(a).

• In multiple offender cases, if one offender is assigned

points for the presence or use of a weapon, all offenders

must be assigned the same number of points. MCL

777.31(2)(b).

• Score five points if an offender used an object to

suggest the presence of a weapon. MCL 777.31(2)(c).

• (For offenses committed on or after October 23,

2001**) Score five points if an offender used a chemical

irritant, a chemical irritant device, a smoke device, or an

imitation harmful substance or device. MCL

777.31(2)(d).

• Do not score five points if the conviction offense is a

violation of MCL 750.82 (felonious assault) or MCL

750.529 (armed robbery). MCL 777.31(2)(e).

• “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” are defined in MCL 750.200h.

MCL 777.31(3)(a).**

• “Incendiary device” includes gasoline or any other

flammable substance, a blowtorch, fire bomb, Molotov

cocktail, or other similar device. MCL 777.31(3)(b).**

* See 2002 PA 137, effective April 22, 2002, inserting MCL 777.31(1)(b) and relettering former MCL

777.31(1)(b)-(e) as MCL 777.31(1)(c)-(f).

** See 2001 PA 136, effective October 23, 2001, inserting MCL 777.31(2)(d), relettering former MCL

777.31(2)(d) as MCL 777.31(2)(e), and adding former MCL 777.31(3) (now MCL 777.31(3)(a)). See also

2002 PA 137, effective April 22, 2002, adding MCL 777.31(3)(b) and amending former MCL 777.31(3)

(redesignated MCL 777.31(3)(a)). Consult former versions of MCL 777.31 for crimes committed before

April 22, 2002.

(Score only for offenses committed on or

after April 22, 2002*) 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.

MCL 777.31(1)(b).

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. MCL 777.31(1)(c) (formerly MCL

777.31(1)(b)*).

The victim was touched by any other type of

weapon. MCL 777.31(1)(d) (formerly MCL

777.31(1)(c)*).

A weapon was displayed or implied. MCL

777.31(1)(e) (formerly MCL

777.31(1)(d)*).

No aggravated use of a weapon occurred.

MCL 777.31(1)(f) (formerly MCL

777.31(1)(e)*).

PRVsandOVs-CrimesAgainstPublicTrust

PRVs and OVs - Crimes Against Public Trust

OV 3

Physical Injury to Victim

MCL 777.33

OV 3 is scored for all felony offenses. See MCL 777.22.

The shaded area in the chart below represents a point value that is not

scored for current offenses.

Pts Instructions

100

A victim was killed. MCL 777.33(1)(a); see

also MCL 777.33(2)(b).

• In multiple offender cases, if one offender is assessed

points for death or physical injury, all offenders must be

assessed the same number of points. MCL 777.33(2)(a).

• Score 100 points if death results from the commission

of a crime and homicide is not the sentencing offense.

MCL 777.33(2)(b). Any crime in which the death of a

human being is an element of the crime is a “homicide.”

MCL 777.1(c).

• (For offenses committed on or after September 30,

2003*) Score 50 points if death results from the

commission of a crime and the offense or attempted

offense involves the operation of a vehicle, vessel, ORV,

snowmobile, aircraft, or locomotive and any of the

following apply:

• the offender was under the influence of or visibly

impaired by the use of alcoholic liquor, a controlled

substance, or a combination of alcoholic liquor and

a controlled substance, MCL 777.33(2)(c)(i);

• the offender had an alcohol content of 0.08 grams

or more (or, beginning October 1, 2021, 0.10

grams or more) per 100 milliliters of blood, per 210

liters of breath, or per 67 milliliters of urine, MCL

777.33(2)(c)(ii); or

• the offender’s body contained any amount of a

controlled substance listed in schedule 1 under

MCL 333.7212 or a rule promulgated under that

section, or a controlled substance described in MCL

333.7214(a)(iv), MCL 777.33(2)(c)(iii).

• Do not score five points if bodily injury is an element

of the sentencing offense. MCL 777.33(2)(d) (formerly

MCL 777.33(2)(c)**).

• “Requiring medical treatment” refers to the necessity

for treatment and not the victim’s success in obtaining

treatment. MCL 777.33(3).

* See 2003 PA 134, effective September 30, 2003. See also 2013 PA 24, effective May 9, 2013.

** See 2000 PA 279, effective October 1, 2000.

(Score only for offenses committed on or

after September 30, 2003*) A victim was

killed. MCL 777.33(1)(b); see also MCL

777.33(2)(c).

(Score only for offenses committed on or

after October 1, 2000,** and before

September 30, 2003*) A victim was killed,

where death results from the commission of

a crime and the elements of the offense or

attempted offense involve the operation of a

vehicle, vessel, ORV, snowmobile, aircraft,

or locomotive under the influence or while

impaired causing death. Former MCL

777.33(1)(b); former MCL 777.33(2)(c).

Life threatening or permanent incapacitating

injury occurred to a victim. MCL

777.33(1)(c) (formerly MCL

777.33(1)(b)**).

Bodily injury requiring medical treatment

occurred to a victim. MCL 777.33(1)(d)

(formerly MCL 777.33(1)(c)**).

Bodily injury not requiring medical

treatment occurred to a victim, where bodily

injury is not an element of the sentencing

offense. MCL 777.33(1)(e) (formerly MCL

777.33(1)(d)**); MCL 777.33(2)(d)

(formerly MCL 777.33(2)(c)**).

No physical injury occurred to a victim.

MCL 777.33(1)(f) (formerly MCL

777.33(1)(e)**).



PRVsandOVs-CrimesAgainstPublicTrust

PRVs and OVs - Crimes Against Public Trust

OV 4

Psychological Injury to Victim

MCL 777.34

OV 4 is scored for all felony offenses except crimes involving a controlled substance. See MCL 777.22.

Pts Instructions

Serious psychological injury requiring

professional treatment occurred to a victim.

MCL 777.34(1)(a).

Score ten points if the victim’s serious psychological injury may

require professional treatment. The fact that treatment has not

been sought is not conclusive. MCL 777.34(2).

* This statement was added to MCL 777.34(1) by 2018 PA 652, effective March 28, 2019.

For a conviction under MCL 750.50b,

serious psychological injury requiring

professional treatment occurred to the owner

of a companion animal. MCL 777.34(1)(b).*

No serious psychological injury requiring

professional treatment occurred to a victim.

MCL 777.34(1)(c).

PRVsandOVs-CrimesAgainstPublicTrust

PRVs and OVs - Crimes Against Public Trust

OV 9

Number of Victims

MCL 777.39

OV 9 is scored for all felony offenses except crimes involving a controlled substance. See MCL 777.22.

Shaded areas in the chart below represent point values that are not scored for current offenses.

Pts Instructions

100

Multiple deaths occurred in a homicide

case. MCL 777.39(1)(a); MCL

777.39(2)(b).

• (For offenses committed before March 30, 2007*)

Count each person who was placed in danger of injury

or loss of life as a “victim” for purposes of scoring OV

9. Former MCL 777.39(2)(a).

• (For offenses committed on or after March 30,

2007*) Count each person who was placed in danger of

physical injury or loss of life or property as a “victim”

for purposes of scoring OV 9. MCL 777.39(2)(a).

• Score 100 points only in homicide cases. MCL

777.39(2)(b). Any crime in which the death of a human

being is an element of the crime is a “homicide.” MCL

777.1(c).

* See 2006 PA 548, effective March 30, 2007.

(Score only for offenses committed on or

after March 30, 2007*) 10 or more victims

were placed in danger of physical injury or

death, or 20 or more victims were placed in

danger of property loss. MCL 777.39(1)(b).

(Score only for offenses committed

before March 30, 2007*) 10 or more

victims were placed in danger of injury or

loss of life. Former MCL 777.39(1)(b);

former MCL 777.39(2)(a).

(Score only for offenses committed on or

after March 30, 2007*) 2 to 9 victims were

placed in danger of physical injury or death,

or 4 to 19 victims were placed in danger of

property loss. MCL 777.39(1)(c).

(Score only for offenses committed

before March 30, 2007*) 2 to 9 victims

were placed in danger of injury or loss of

life. Former MCL 777.39(1)(c); former

MCL 777.39(2)(a).

(Score only for offenses committed on or

after March 30, 2007*) Fewer than 2

victims were placed in danger of physical

injury or death, or fewer than 4 victims

were placed in danger of property loss.

MCL 777.39(1)(d).

(Score only for offenses committed

before March 30, 2007*) Fewer than 2

victims were placed in danger of injury or

loss of life. Former MCL 777.39(1)(d);

former MCL 777.39(2)(a).



PRVsandOVs-CrimesAgainstPublicTrust

PRVs and OVs - Crimes Against Public Trust

OV 10

Exploitation of Vulnerable Victim

MCL 777.40

OV 10 is scored for all felony offenses except crimes involving controlled substances. See MCL 777.22.

Pts Instructions

Predatory conduct was involved. MCL

777.40(1)(a).

• The mere existence of one or more of the factors

described in MCL 777.40(1) does not automatically

equate with victim vulnerability. MCL 777.40(2).

• “Predatory conduct” is “preoffense conduct directed at

a victim, or a law enforcement officer posing as a

potential victim,

[*]

for the primary purpose of

victimization.” MCL 777.40(3)(a).

• To “exploit” a victim is “to manipulate a victim for

selfish or unethical purposes. Exploit also means to

violate [MCL 750.50b] for the purpose of manipulating a

victim for selfish or unethical purposes.” MCL

777.40(3)(b).**

• “Vulnerability” is “the readily apparent susceptibility

of a victim to injury, physical restraint, persuasion, or

temptation.” MCL 777.40(3)(c).

• “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.” MCL 777.40(3)(d).

* The phrase “[o]r a law enforcement officer posing as a potential victim” was added to MCL 777.40(3)(a)

by 2014 PA 350, effective October 17, 2014.

** The second sentence of this definition was added to MCL 777.40(3)(b) by 2018 PA 652, effective March

28, 2019.

The offender exploited a victim’s physical

disability, mental disability, or youth or

agedness, or a domestic relationship, or the

offender abused his or her authority status.

MCL 777.40(1)(b).

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. MCL 777.40(1)(c).

The offender did not exploit a victim’s

vulnerability. MCL 777.40(1)(d).

PRVsandOVs-CrimesAgainstPublicTrust

PRVs and OVs - Crimes Against Public Trust

OV 12

Contemporaneous Felonious Criminal Acts

MCL 777.42

OV 12 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

Three or more contemporaneous felonious

criminal acts involving crimes against a

person were committed. MCL 777.42(1)(a).

• A felonious criminal act is contemporaneous if both of

the following circumstances exist:

• the criminal act occurred within 24 hours of the

sentencing offense, MCL 777.42(2)(a)(i), and

• the criminal act has not resulted, and will not

result, in a separate conviction, MCL

777.42(2)(a)(ii).

• Violations of MCL 750.227b (possession of a firearm

during the commission of a felony or possession and use

of a pneumatic gun in furtherance of committing or

attempting to commit a felony) should not be counted

when scoring OV 12. MCL 777.42(2)(b).

• Conduct scored in OV 11 must not be scored under OV

12. MCL 777.42(2)(c).

Two contemporaneous felonious criminal

acts involving crimes against a person were

committed. MCL 777.42(1)(b).

Three or more contemporaneous felonious

criminal acts involving other crimes were

committed. MCL 777.42(1)(c).

One contemporaneous felonious criminal

act involving a crime against a person was

committed. MCL 777.42(1)(d).

Two contemporaneous felonious criminal

acts involving other crimes were

committed. MCL 777.42(1)(e).

One contemporaneous felonious criminal

act involving any other crime was

committed. MCL 777.42(1)(f).

No contemporaneous felonious criminal

acts were committed. MCL 777.42(1)(g).



PRVsandOVs-CrimesAgainstPublicTrust

PRVs and OVs - Crimes Against Public Trust

OV 13

Continuing Pattern of Criminal Behavior

MCL 777.43

OV 13 is scored for all felony offenses. See MCL 777.22.

Shaded areas in the chart below represent point values that are not

scored for current offenses.

Pts Instructions

(Score only for sentencing offenses

committed on or after October 1, 2000*) The

offense was part of a pattern of felonious

criminal activity involving 3 or more sexual

penetrations against a person or persons less

than 13 years of age, and the sentencing offense

is first-degree criminal sexual conduct. MCL

777.43(1)(a); MCL 777.43(2)(d).

• In scoring OV 13, all crimes within a five-year period,

including the sentencing offense, must be counted,

without regard to whether the offense resulted in a

conviction. MCL 777.43(2)(a).

• The existence of an organized criminal group may be

reasonably inferred from the facts surrounding the

sentencing offense, and the fact of the group’s existence

is more important than the presence or absence of

multiple offenders, the age of the offenders, or the

degree of sophistication of the organized criminal group.

MCL 777.43(2)(b).

• Do not consider conduct scored in OVs 11 or 12,

except for offenses related to membership in an

organized criminal group or (for sentencing offenses

committed on or after April 1, 2009**) that are gang-

related. MCL 777.43(2)(c).

• (For sentencing offenses committed on or after

October 1, 2000*) Score 50 points only if the sentencing

offense is first-degree criminal sexual conduct. MCL

777.43(2)(d).

• (For sentencing offenses committed on or after

March 1, 2003****) Only one controlled substance

offense arising out of the criminal episode for which the

offender is being sentenced may be counted when

scoring OV 13. MCL 777.43(2)(e).

• (For sentencing offenses committed on or after

March 1, 2003****) Only one crime involving the same

controlled substance may be counted under OV 13. For

example, conspiracy and a substantive offense involving

the same amount of controlled substances cannot both be

counted under OV 13. Similarly, possession and delivery

of the same amount of controlled substances may not be

counted as two crimes under OV 13. MCL 777.43(2)(f).

continued on

(Score only for sentencing offenses

committed on or after April 1, 2009**) The

offense was part of a pattern of felonious

criminal activity directly related to causing,

encouraging, recruiting, soliciting, or coercing

membership in a gang or communicating a

threat with intent to deter, punish, or retaliate

against another for withdrawing from a gang.

MCL 777.43(1)(b).

The offense was part of a pattern of felonious

criminal activity involving 3 or more crimes

against a person. MCL 777.43(1)(c) (formerly

MCL 777.43(1)(a)*; formerly MCL

777.43(1)(b)**).

(Score only for sentencing offenses

committed before December 28, 1999***)

The offense was part of a pattern of felonious

criminal activity involving 3 or more crimes

against property. Former MCL 777.43(1)(d)*.

(Score only for sentencing offenses

committed on or after March 1, 2003****)

The offense was part of a pattern of felonious

criminal activity involving a combination of 3

or more crimes against a person or property or a

violation of MCL 333.7401(2)(a)(i)-(iii) or

MCL 333.7403(2)(a)(i)-(iii). MCL

777.43(1)(d) (formerly MCL 777.42(1)(b)*;

formerly MCL 777.42(1)(c)**).

PRVsandOVs-CrimesAgainstPublicTrust

PRVs and OVs - Crimes Against Public Trust

(Score only for sentencing offenses

committed before April 1, 2009**) The

offense was part of a pattern of felonious

criminal activity directly related to

membership in an organized criminal

group. Former MCL 777.43(1)(c)*; former

MCL 777.43(1)(d)**.

(continued)

* 2000 PA 279, effective October 1, 2000.

** 2008 PA 562, effective April 1, 2009.

*** 1999 PA 227, effective December 28, 1999.

**** 2002 PA 666, effective March 1, 2003.

(Score only for sentencing offenses

committed before March 1, 2003****)

The offense was part of a pattern of

felonious criminal activity involving a

combination of 3 or more crimes against a

person or property. Former MCL

777.43(1)(b)*; former MCL

777.43(1)(c)**.

(Score only for sentencing offenses

committed on or after March 1,

2003****) The offense was part of a

pattern of felonious criminal activity

involving a combination of 3 or more

violations of MCL 333.7401(2)(a)(i)-(iii) or

MCL 333.7403(2)(a)(i)-(iii). MCL

777.43(1)(e).

(Score only for sentencing offenses

committed on or after December 28,

1999***) The offense was part of a pattern

of felonious criminal activity involving 3 or

more crimes against property. MCL

777.43(1)(f) (formerly MCL 777.43(1)(d)*;

formerly MCL 777.43(1)(e)****).

No pattern of felonious criminal activity

existed. MCL 777.43(1)(g) (formerly MCL

777.43(1)(e)*; formerly MCL

777.43(1)(f)****).



PRVsandOVs-CrimesAgainstPublicTrust

PRVs and OVs - Crimes Against Public Trust

OV 14

Offender’s Role

MCL 777.44

OV 14 is scored for all felony offenses. See MCL 777.22.

Pts Instructions

The offender was a leader in a multiple

offender situation. MCL 777.44(1)(a).

• Consider the entire criminal transaction when

determining the offender’s role. MCL 777.44(2)(a).

• If three or more offenders were involved, more than

one offender may be determined to have been a leader.

MCL 777.44(2)(b).

The offender was not a leader in a multiple

offender situation. MCL 777.44(1)(b).

OV 16

Property Obtained, Damaged, Lost, or Destroyed

MCL 777.46

OV 16 is scored for all felony offenses except crimes involving a controlled substance. Score for a crime against a person

only if the sentencing offense is a violation or attempted violation of MCL 750.110a (home invasion). See MCL 777.22.

Pts Instructions

For a conviction under MCL 750.50, the

property was 25 or more animals. MCL

777.46(1)(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. MCL 777.46(2)(a).

• Use the value of the property to score OV 16 in cases in

which the property was obtained unlawfully, lost to the

lawful owner, or destroyed. If the property was damaged,

use the monetary amount appropriate to restore the

property to pre-offense condition. MCL 777.46(2)(b).

• The amount of money or property involved in admitted

but uncharged offenses or in charges dismissed under a

plea agreement may be considered in scoring OV 16.

MCL 777.46(2)(c).

• Score OV 16 for a crime against a person only if the

sentencing offense is a violation or attempted violation

of MCL 750.110a (home invasion). MCL 777.22(1).

* This statement was added to MCL 777.46(1) by 2018 PA 652, effective March 28, 2019.

** Before December 28, 1999, this provision referred to “[t]he property destroyed” (emphasis supplied). See

1999 PA 227, effective December 28, 1999.

For a conviction under MCL 750.50, the

property was 10 or more animals but fewer

than 25 animals. MCL 777.46(1)(b).*

Wanton or malicious damage occurred

beyond that necessary to commit the crime

for which the offender is not charged and

will not be charged. MCL 777.46(1)(c).

The property had a value of more than

$20,000.00 or had significant historical,

social, or sentimental value. MCL

777.46(1)(d).

The property** had a value of $1,000.00 or

more but not more than $20,000.00. MCL

777.46(1)(e).

The property** had a value of $200.00 or

more but not more than $1,000.00. MCL

777.46(1)(f).

No property was obtained, damaged, lost, or

destroyed or the property had a value of less

than $200.00. MCL 777.46(1)(g).

PRVsandOVs-CrimesAgainstPublicTrust

PRVs and OVs - Crimes Against Public Trust

OV 19

Threat to Security of Penal Institution or Court or Interference With Administration of

Justice or Rendering of Emergency Services*

OV 19 is scored for all felony offenses. See MCL 777.22.

Shaded areas in the chart below represent point values that are not

scored for current offenses.

Pts Instructions

The offender by his or her conduct threatened the

security of a penal institution or court. MCL

777.49(a).

(Score only for offenses committed on or after

October 23, 2001**) 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. MCL

777.49(b).

(Score only for offenses committed before

October 23, 2001**) The offender used force or

the threat of force against another person or the

property of another person to interfere with or

attempt to interfere with the administration of

justice. Former MCL 777.49(b).

The offender otherwise interfered with or

attempted to interfere with the administration of

justice, or directly or indirectly violated a

personal protection order.*** MCL 777.49(c).

(Score only for offenses committed on or

after April 22, 2002****) 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. MCL

777.49(d).

* The reference to “the rendering of emergency services” in the introductory paragraph in MCL 777.49

was added by 2002 PA 137, effective April 22, 2002.

** See 2001 PA 136, effective October 23, 2001.

*** The phrase “or directly or indirectly violated a personal protection order” was added to MCL

777.49(c) by 2018 PA 652, effective March 28, 2019.

**** See 2002 PA 137, effective April 22, 2002.

(Score only for offenses committed before

April 22, 2002****) 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. Former

MCL 777.49(d).



PRVsandOVs-CrimesAgainstPublicTrust

PRVs and OVs - Crimes Against Public Trust

OV 20

Terrorism

MCL 777.49a

OV 20 is scored for all felony offenses. See MCL 777.22.

Instructions

100

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. MCL 777.49a(1)(a).

• “Act of terrorism” and “terrorist” are defined in MCL

750.543b, and “terrorist organization” is defined in

MCL 750.543c.* MCL 777.49a(2)(a); MCL

777.49a(2)(d).

• “Harmful biological substance,” “harmful biological

device,” “harmful chemical substance,” “harmful

chemical device,” “harmful radioactive material,” and

“harmful radioactive device” are defined in MCL

750.200h. MCL 777.49a(2)(b).

• “Incendiary device” includes gasoline or any other

flammable substance, a blowtorch, fire bomb, Molotov

cocktail, or other similar device. MCL 777.49a(2)(c).

*An “[a]ct of terrorism” is “a willful and deliberate act that . . . would be a violent felony under [Michigan

law], whether or not committed in [Michigan,] . . . that the person knows or has reason to know is dangerous

to human life[, and] . . . that is intended to intimidate or coerce a civilian population or influence or affect

the conduct of government or a unit of government through intimidation or coercion.” MCL 750.543b(a)(i)-

(iii). A “[t]errorist” is “any person who engages or is about to engage in an act of terrorism.” MCL

750.543b(g). A “terrorist organization” is “an organization that, on [April 22, 2002], is designated by the

United States state department as engaging in or sponsoring an act of terrorism.” MCL 750.543c.

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. MCL 777.49a(1)(b).

The offender supported an act of terrorism, a

terrorist, or a terrorist organization. MCL

777.49a(1)(c).

The offender did not commit an act of

terrorism or support an act of terrorism, a

terrorist, or a terrorist organization. MCL

777.49a(1)(d).

PRVsandOVs-CrimesAgainstPublicTrust

PRVs and OVs - Crimes Against Public Trust



Grids

Sentencing Grids

Sentencing Grid for Class M2 (Second-Degree Murder)—MCL 777.61

Includes Ranges Calculated for Habitual Offenders (MCL 777.21(3)(a)-(c))

†

Certain fourth habitual offenders may be subject to a mandatory minimum sentence of 25 years’ imprisonment. See MCL 769.12(1)(a).

The statutory percentage increases for habitual offenders are rounded down to the nearest whole month.

The cell range may be less than the maximum possible minimum sentence by a fraction of a month.

Level

PRV Level

Offender

Status

0 Points

1-9 Points

10-24 Points

25-49 Points

50-74 Points

75+ Points

0-49

Points

150

144

240

162

270

180

300/L

225

375/L

270

450/L

187 300 337 375/L 468/L 562/L HO2

225 360 405 450/L 562/L 675/L HO3

300 480 540 600/L 750/L 900/L

HO4

†

50-99

Points

144

240

162

270

180

300/L

225

375/L

270

450/L

315

525/L

300 337 375/L 468/L 562/L 656/L HO2

360 405 450/L 562/L 675/L 787/L HO3

480 540 600/L 750/L 900/L 1050/L

HO4

†

III

100+

Points

162

270/L

180

300/L

225

375/L

270

450/L

315

525/L

365

600/L

337/L 375/L 468/L 562/L 656/L 750/L HO2

405/L 450/L 562/L 675/L 787/L 900/L HO3

540/L 600/L 750/L 900/L 1050/L 1200/L

HO4

†

Grids

Sentencing Grids

Sentencing Grid for Class A Offenses—MCL 777.62

Includes Ranges Calculated for Habitual Offenders (MCL 777.21(3)(a)-(c))

†

Certain fourth habitual offenders may be subject to a mandatory minimum sentence of 25 years’ imprisonment. See MCL 769.12(1)(a).

The statutory percentage increases for habitual offenders are rounded down to the nearest whole month.

The cell range may be less than the maximum possible minimum sentence by a fraction of a month.

Level

PRV Level

Offender

Status

0 Points

1-9 Points

10-24 Points

25-49 Points

50-74 Points

75+ Points

0-19

Points

135

108

180

43 56 87 106 168 225 HO2

52 67 105 127 202 270 HO3

70 90 140 170 270 360

HO4

†

20-39

Points

135

108

180

126

210

56 87 106 168 225 262 HO2

67 105 127 202 270 315 HO3

90 140 170 270 360 420

HO4

†

III

40-59

Points

135

108

180

126

210

135

225

87 106 168 225 262 281 HO2

105 127 202 270 315 337 HO3

140 170 270 360 420 450

HO4

†

60-79

Points

135

108

180

126

210

135

225

171

285

106 168 225 262 281 356 HO2

127 202 270 315 337 427 HO3

170 270 360 420 450 570

HO4

†

80-99

Points

135

108

180

126

210

135

225

171

285

225

375/L

168 225 262 281 356 468/L HO2

202 270 315 337 427 562/L HO3

270 360 420 450 570 750/L

HO4

†

100+

Points

108

180

126

210

135

225

171

285

225

375/L

270

450/L

225 262 281 356 468/L 562/L HO2

270 315 337 427 562/L 675/L HO3

360 420 450 570 750/L 900/L

HO4

†



Grids

Sentencing Grids

Sentencing Grid for Class B Offenses—MCL 777.63

Includes Ranges Calculated for Habitual Offenders (MCL 777.21(3)(a)-(c))

†

Certain fourth habitual offenders may be subject to a mandatory minimum sentence of 25 years’ imprisonment. See MCL 769.12(1)(a).

Intermediate sanction cells are marked by asterisks, straddle cells are shaded, and prison cells are

unmarked.

The statutory percentage increases for habitual offenders are rounded down to the nearest whole month.

The cell range may be less than the maximum possible minimum sentence by a fraction of a month.

Level

PRV Level

Offender

Status

0 Points

1-9 Points

10-24 Points

25-49 Points

50-74 Points

75+ Points

0-9

Points

18*

120

22 25 50 75 106 150 HO2

27 30 60 90 127 180 HO3

36 40 80 120 170 240

HO4

†

10-24

Points

120

130

25 31 62 106 150 162 HO2

30 37 75 127 180 195 HO3

40 50 100 170 240 260

HO4

†

III

25-34

Points

130

140

31 43 75 118 162 175 HO2

37 52 90 142 195 210 HO3

50 70 120 190 260 280

HO4

†

35-49

Points

120

140

145

43 50 93 150 175 181 HO2

52 60 112 180 210 217 HO3

70 80 150 240 280 290

HO4

†

50-74

Points

130

145

160

50 75 106 162 181 200 HO2

60 90 127 195 217 240 HO3

80 120 170 260 290 320

HO4

†

75+

Points

140

160

117

160

75 93 118 175 200 200 HO2

90 112 142 210 240 240 HO3

120 150 190 280 320 320

HO4

†

Grids

Sentencing Grids

Sentencing Grid for Class C Offenses—MCL 777.64

Includes Ranges Calculated for Habitual Offenders (MCL 777.21(3)(a)-(c))

†

Certain fourth habitual offenders may be subject to a mandatory minimum sentence of 25 years’ imprisonment. See MCL 769.12(1)(a).

Intermediate sanction cells are marked by asterisks, straddle cells are shaded, and prison cells are

unmarked.

The statutory percentage increases for habitual offenders are rounded down to the nearest whole month.

The cell range may be less than the maximum possible minimum sentence by a fraction of a month.

Level

PRV Level

Offender

Status

0 Points

1-9 Points

10-24 Points

25-49 Points

50-74 Points

75+ Points

0-9

Points

11*

17*

13*

21 23 30 47 71 HO2

16*

25 28 36 57 85 HO3

22 34 38 48 76 114

HO4

†

10-24

Points

17*

21 21 30 47 71 88 HO2

25 25 36 57 85 106 HO3

34 34 48 76 114 142

HO4

†

III

25-34

Points

23 30 47 71 88 107 HO2

28 36 57 85 106 129 HO3

38 48 76 114 142 172

HO4

†

35-49

Points

100

30 47 71 88 107 125 HO2

36 57 85 106 129 150 HO3

48 76 114 142 172 200

HO4

†

50-74

Points

100

114

47 71 88 107 125 142 HO2

57 85 106 129 150 171 HO3

76 114 142 172 200 228

HO4

†

75+

Points

100

114

71 88 107 125 142 142 HO2

85 106 129 150 171 171 HO3

114 142 172 200 228 228

HO4

†



Grids

Sentencing Grids

Sentencing Grid for Class D Offenses—MCL 777.65

Includes Ranges Calculated for Habitual Offenders (MCL 777.21(3)(a)-(c))

†

Certain fourth habitual offenders may be subject to a mandatory minimum sentence of 25 years’ imprisonment. See MCL 769.12(1)(a).

Intermediate sanction cells are marked by asterisks, straddle cells are shaded, and prison cells are

unmarked.

The statutory percentage increases for habitual offenders are rounded down to the nearest whole month.

The cell range may be less than the maximum possible minimum sentence by a fraction of a month.

Level

PRV Level

Offender

Status

0 Points

1-9 Points

10-24 Points

25-49 Points

50-74 Points

75+ Points

0-9

Points

11*

17*

7* 11* 13*

21 28 28 HO2

9* 13* 16*

25 34 34 HO3

12* 18*

22 34 46 46

HO4

†

10-24

Points

11*

17*

11* 13*

21 28 28 47 HO2

13* 16*

25 34 34 57 HO3

18*

22 34 46 46 76

HO4

†

III

25-34

Points

11*

17*

13*

21 28 28 47 71 HO2

16*

25 34 34 57 85 HO3

22 34 46 46 76 114

HO4

†

35-49

Points

17*

21 28 28 47 71 83 HO2

25 34 34 57 85 100 HO3

34 46 46 76 114 134

HO4

†

50-74

Points

28 28 47 71 83 95 HO2

34 34 57 85 100 114 HO3

46 46 76 114 134 152

HO4

†

75+

Points

28 47 71 83 95 95 HO2

34 57 85 100 114 114 HO3

46 76 114 134 152 152

HO4

†

Grids

Sentencing Grids

Sentencing Grid for Class E Offenses—MCL 777.66

Includes Ranges Calculated for Habitual Offenders (MCL 777.21(3)(a)-(c))

Intermediate sanction cells are marked by asterisks, straddle cells are shaded, and prison cells are

unmarked.

The statutory percentage increases for habitual offenders are rounded down to the nearest whole month.

The cell range may be less than the maximum possible minimum sentence by a fraction of a month.

Level

PRV Level

Offender

Status

0 Points

1-9 Points

10-24 Points

25-49 Points

50-74 Points

75+ Points

0-9

Points

3* 7* 11*

28 28 28 HO2

4* 9* 13*

34 34 34 HO3

6* 12* 18*

46 46 46 HO4

10-24

Points

11*

7* 11* 13*

28 28 30 HO2

9* 13* 16*

34 34 36 HO3

12* 18*

22 46 46 48 HO4

III

25-34

Points

11*

17*

11* 13*

21 28 30 36 HO2

13* 16*

25 34 36 43 HO3

18*

22 34 46 48 58 HO4

35-49

Points

11*

17*

13*

21 28 30 36 47 HO2

16*

25 34 36 43 57 HO3

22 34 46 48 58 76 HO4

50-74

Points

14*

17*

28 28 36 47 47 HO2

21 34 34 43 57 57 HO3

28 46 46 58 76 76 HO4

75+

Points

17*

21 28 30 47 47 47 HO2

25 34 36 57 57 57 HO3

34 46 48 76 76 76 HO4



Grids

Sentencing Grids

Sentencing Grid for Class F Offenses—MCL 777.67

Includes Ranges Calculated for Habitual Offenders (MCL 777.21(3)(a)-(c))

Intermediate sanction cells are marked by asterisks, straddle cells are shaded, and prison cells are

unmarked.

The statutory percentage increases for habitual offenders are rounded down to the nearest whole month.

The cell range may be less than the maximum possible minimum sentence by a fraction of a month.

Level

PRV Level

Offender

Status

0 Points

1-9 Points

10-24 Points

25-49 Points

50-74 Points

75+ Points

0-9

Points

17*

3* 7* 11*

21 28 28 HO2

4* 9* 13*

25 34 34 HO3

6* 12* 18*

34 46 46 HO4

10-34

Points

17*

7* 11*

21 28 28 30 HO2

9* 13*

25 34 34 36 HO3

12* 18*

34 46 46 48 HO4

III

35-74

Points

17*

11*

21 21 28 30 36 HO2

13*

25 25 34 36 43 HO3

18*

34 34 46 48 58 HO4

75+

Points

17*

21 21 28 30 36 37 HO2

25 25 34 36 43 45 HO3

34 34 46 48 58 60 HO4

Grids

Sentencing Grids

Sentencing Grid for Class G Offenses—MCL 777.68

Includes Ranges Calculated for Habitual Offenders (MCL 777.21(3)(a)-(c))

Intermediate sanction cells are marked by asterisks, straddle cells are shaded, and prison cells are

unmarked.

The statutory percentage increases for habitual offenders are rounded down to the nearest whole month.

The cell range may be less than the maximum possible minimum sentence by a fraction of a month.

Level

PRV Level

Offender

Status

0 Points

1-9 Points

10-24 Points

25-49 Points

50-74 Points

75+ Points

0-9

Points

11*

17*

3* 7* 11* 13*

21 21 HO2

4* 9* 13* 16*

25 25 HO3

6* 12* 18*

22 34 34 HO4

10-15

Points

11*

17*

7* 11* 13*

21 21 28 HO2

9* 13* 16*

25 25 34 HO3

12* 18*

22 34 34 46 HO4

III

16+

Points

11*

17*

11* 13*

21 21 28 28 HO2

13* 16*

25 25 34 34 HO3

18*

22 34 34 46 46 HO4



Grids

Sentencing Grids

Sentencing Grid for Class H Offenses—MCL 777.69

Includes Ranges Calculated for Habitual Offenders (MCL 777.21(3)(a)-(c))

Intermediate sanction cells are marked by asterisks, straddle cells are shaded, and prison cells are

unmarked.

The statutory percentage increases for habitual offenders are rounded down to the nearest whole month.

The cell range may be less than the maximum possible minimum sentence by a fraction of a month.

Level

PRV Level

Offender

Status

0 Points

1-9 Points

10-24 Points

25-49 Points

50-74 Points

75+ Points

0-9

Points

11*

17*

1* 3* 7* 11* 13*

21 HO2

1* 4* 9* 13* 16*

25 HO3

2* 6* 12* 18*

22 34 HO4

10-15

Points

11*

17*

3* 7* 11* 13*

21 21 HO2

4* 9* 13* 16*

25 25 HO3

6* 12* 18*

22 34 34 HO4

III

16+

Points

11*

17*

7* 11* 13*

21 21 21 HO2

9* 13* 16*

25 25 25 HO3

12* 18*

22 34 34 34 HO4

Grids

Sentencing Grids

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL

777.11a

4. 421 (1) Pub trst G Lobbyists – compensation contingent on outcome of action 3

4. 421 (2) Pub trst G Lobbyists giving gifts 3

15. 324 (1) (d) Pub trst G Purchase of public residential property by public servant 1 12/16/05

18. 366 (1) Property E False presentation to crime victim services commission to obtain more than $100 10

Deleted, 2001 PA 150 &

154, Eff. 1/1/02

18. 366 (1) (c) Property E

False presentation to crime victim services commission to obtain $1,000 to $20,000 or

with prior convictions

51/1/02

18. 366 (1) (d) Property D

False presentation to crime victim services commission to obtain $20,000 or more or

with prior convictions

10 1/1/02

18. 1268 (9) Pub trst H Purposefully submitting false business certification Fine

Deleted, 2005 PA 265, Eff.

12/16/05

21. 154 Pub trst E Public officer – embezzlement 5

MCL

777.11b

28. 214 Pub trst F Unauthorized disclosure of information from LEIN – subsequent offense 4 1/1/02

28. 214 (4) (b) Pub trst F Unauthorized disclosure of information from LEIN – subsequent offense 4 10/1/00

28. 214 (6) (b) Pub trst F Unauthorized disclosure of information from LEIN – subsequent offense 4

Amended, 2011 PA 19, Eff.

July 1, 2011

28. 293 (1) Pub ord E False information when applying for state ID 5

28. 293 (2) Pub ord D False information when applying for state ID – second offense 7

28. 293 (3) Pub ord C False information when applying for state ID – third or subsequent offense 15

28. 295 (1) (a) Pub ord H Forging state ID card to commit felony 4

Replaced, 2004 PA 149,

Eff. 9/1/04

28. 295 (1) (a) Pub ord D

Counterfeiting or forging state ID card or using counterfeited or forged state ID card to

commit felony punishable by imprisonment for 10 years or more

10 9/1/04

28. 295 (1) (b) Pub ord E

Counterfeiting or forging state ID card or using counterfeited or forged state ID card to

commit felony punishable by imprisonment for less than 10 years or a misdemeanor

punishable by more than 6 months

59/1/04

28. 295 (2) Pub ord E

Selling counterfeited or forged state ID card or possessing counterfeited or forged state

ID card with intent to deliver to another person or possessing 2 or more counterfeited or

forged state ID cards

59/1/04

28. 295 (3) Property H Using stolen state ID card to commit felony Variable

Replaced, 2004 PA 149,

Eff. 9/1/04

28. 295 (5) Property H Using stolen state ID card to commit felony Variable 9/1/04

28. 295 a (1) Pub ord H False representation to obtain or misuse personal information 4

28. 295 a (2) Pub ord G False representation to obtain or misuse personal information – second offense 7

28. 295 a (3) Pub ord C

False representation to obtain or misuse personal information – third or subsequent

offense

28. 308 Pub saf E

False certification or statement in application for enhanced driver license or enhanced

official state personal identification card

53/13/08

28. 422 Pub saf G Pistols – license application forgery 4

28. 422 Pub saf F Pistols – license application forgery 4 7/1/01

28. 422 (13) Pub saf F Forgery on pistol – license [sic] application 4

Amended, 2015 PA 4, Eff.

10/1/15

28. 422 (14) Pub saf F Forgery on pistol – license [sic] application4

Renumbered, 2015 PA

201, Eff. 2/22/16

28. 422 a (4) Pub saf F False statement on pistol sales record 4 7/1/01

28. 422 a (5) Pub saf F False statement on pistol sales record 4

Amended, 2011 PA 19, Eff.

July 1, 2011

28. 425 b (3) Pub saf F False statement on concealed pistol permit application 4 7/1/01

28. 425 j (3) Pub saf F Unlawful granting or presenting of pistol training certificate 4

Amended, 2015 PA 4, Eff.

10/1/15

28. 425 o (5) (c) Pub saf F Carrying concealed pistol in prohibited place – third or subsequent offense 4 7/1/01

28. 425 o (6) (c) Pub saf F

Carrying concealed pistol or electro-muscular disruption device in prohibited place –

third or subsequent offense

Amended, 2012 PA 124,

Eff. 8/6/12

28. 435 (14) (c) Pub saf G

Firearm sale without trigger lock, gun case, or storage container – third or subsequent

offense

27/1/01

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

28. 454 (1) Pub saf G Consumer fireworks certificate violation 2 12/14/11

28. 468 (1) (c) Pub saf E Michigan fireworks safety act violation causing serious impairment 5 12/14/11

28. 468 (1) (d) Pub saf C Michigan fireworks safety act violation causing death 15 12/14/11

28. 516 (2) Pub saf F False statement on concealed firearm certificate application 4 3/31/09

28. 674 Pub saf F False report of a public threat 4 9/22/16

28. 729 Pub ord G Sex offenders – failure to register 4

Substituted for by

28.729(1)(a)

28. 729 (1) (a) Pub ord F Failure to register as a sex offender, first offense 4 9/1/99

28. 729 (1) (b) Pub ord D Failure to register as a sex offender, second offense 7 9/1/99

28. 729 (1) (c) Pub ord D Failure to register as a sex offender, third or subsequent offense 10 9/1/99

28. 729 (2) Pub ord F Failure to update sex offender registration information 2

Amended, 2011 PA 19, Eff.

July 1, 2011

28. 729 (2) (c) Pub ord F Failure to update sex offender registration information - third or subsequent offense 4 1/1/06

28. 734 (2) (b) Pub trst G Student safety zone violation involving work or loitering - subsequent offense 2

Amended, 2011 PA 19, Eff.

July 1, 2011

28. 735 (2) (b) Pub trst G Student safety zone violation involving residency - subsequent offense 2

Amended, 2011 PA 19, Eff.

July 1, 2011

28. 754 Pub ord F False report of a child abduction 4 2/1/06

28. 754(1) Pub ord F False report of a child abduction 4

Amended, 2011 PA 19, Eff.

July 1, 2011

MCL

777.11c

35. 929 Pub trst H Willful falsification in application for veterans benefits 3

35. 980 Pub trst H False statement in application for Korean veterans benefits 3

35. 1029 Pub trst H False statement in application for Vietnam veterans benefits 3

38. 412 a (1) Pub trst H County employee providing answers to county civil service exam 1

38. 516 Pub trst H Fire and police civil service – appointment or employment contrary to act 2

45. 82 Pub trst E County purchasing agent – violations in awarding bids or contracts 5

47. 8 Pub trst H Payment of claim against county before audit 2

47. 56 Pub trst H Wayne County treasurer paying claims without appropriate signature 2

51. 364 Pub trst H Appointment or selection contrary to civil service commission rules 2

55. 301 Pub trst E Performing notarial acts while commission revoked 5 1/1/12

55. 309 (1) (b) Pub trst F Michigan notary public act violation involving conveyance of interest in real property 4 1/1/12

110. 28 Pub trst G Fourth class cities – misappropriation of money or property 3

117. 25 (3) Pub trst E Amendment to city electors – willfully affixing another's signature, false representation 15

125. 1447 Property G Michigan state housing development authority – false pretenses over $100 10

Deleted, 2001 PA 154, Eff.

1/1/02

125. 1447 (1) (c) Property E

False pretenses under state housing development act involving $1,000 to $20,000 or

with prior convictions

51/1/02

125. 1447 (1) (d) Property D

False pretenses under state housing development act involving $20,000 or more or with

prior convictions

10 1/1/02

MCL

777.11d

168. 303 (6) Pub trst E Signing a nominating petition with multiple names 5

Added, 2018 PA 661,

Eff. 12/28/18

168. 482 e (3) Pub trst E Signing a petition with multiple names 5

Added, 2018 PA 661,

Eff. 12/28/18

168. 544 c (10) Pub trst E Signing a nominating petition with multiple names 5

Added, 2018 PA 661,

Eff. 12/28/18

168. 590 h (6) Pub trst E Signing a qualifying petition with multiple names 5

Added, 2018 PA 661,

Eff. 12/28/18

168. 685 (11) Pub trst E Signing a petition to form a new political party with multiple names 5

Added, 2018 PA 661,

Eff. 12/28/18

168. 731 (4) Pub trst G Election law – filing certain false statements 2

168. 734 Pub trst G Election law – election board refusing to provide challenger conveniences 2

168. 756 Pub trst E Elector's false statement concerning inability to mark ballot 5

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

168. 757 Pub trst E Election inspector – unlawful conduct 5

168. 759 (8) Pub trst E Forged signature on absentee ballot 5

168. 759 b Pub trst E False statement in application for emergency absentee ballot 5

168. 761 (5) Pub trst E Assisting an absentee voter in making a false statement 5

168. 765 a (10) Pub trst E Disclosing how ballot voted or election results early before polls are closed 5

Added, 2018 PA 124, Eff.

12/31/18

168. 765 a (12) Pub trst E Disclosing election result or how ballot voted 5

Added, 2018 PA 124, Eff.

12/31/18

168. 769 (4) Pub trst E Voting both in person and by absentee ballot 5

168. 792 a (11) Pub trst E Disclosing how ballot voted or election results early before polls are closed 5

Replaced by § 765a(10),

2018 PA 124, Eff. 12/31/18

168. 792 a (16) Pub trst E Disclosing election result or how ballot voted 5

Replaced by § 765a(12),

2018 PA 124, Eff. 12/31/18

168. 808 Pub trst E Untrue statement by member of board of inspectors 4

168. 873 Pub trst E Misconduct of election employee in recount – county and local 5

168. 887 Pub trst E Misconduct of election employee in recount 5

168. 932 (a) Pub trst E Bribing or intimidating voters 5

168. 932 (b) Pub trst E Ballot tampering 5

168. 932 (c) Pub trst E Destroying or falsifying election return or records 5

168. 932 (d) Pub trst E Disclosing votes or obstructing voter 5

168. 932 (e) Pub trst E Absentee ballot tampering 5

168. 932 (f) Pub trst E Election law – possess absent voter ballot delivered to another person 5

168. 932 (g) Pub trst E Suggesting how a disabled voter should vote 5

168. 932 (h) Pub trst E Suggesting or influencing how an absentee voter should vote 5

168. 932 (i) Pub trst E Organizing a meeting where absentee voter ballots are to be voted 5

168. 932 a Pub trst G Election offenses 4

168. 932 c Pub trst E Providing compensation to a person for registering individuals to vote 5 8/15/12

168. 932 e Pub trst E

Person intentionally misrepresenting that he or she is an election official in a polling

place

58/15/12

168. 933 Pub trst E False swearing to register or vote 5

Deleted, 2018 PA 661,

Eff. 12/28/18

168. 936 Pub trst E Election law – perjury 5

168. 937 Pub trst E Election law – forgery 5

168. 954 (4) Pub trst E Signing a recall petition with multiple names 5

Added, 2018 PA 661,

Eff. 12/28/18

MCL

777.11e

169. 224 b Pub trst H Campaign finance – independent expenditure committee contributions 3 9/20/17

169. 233 Pub trst H Campaign finance – failure to file certain campaign statements 3 12/30/12

169. 254 Pub trst H Campaign finance – corporate contributions 3

169. 255 Pub trst H Campaign finance – corporate solicitation for certain funds 3

169. 266 Pub trst H Campaign finance – qualified campaign expenditures 3

MCL

777.12a

205. 27 (1) (a) Pub trst G Failure to file or false tax return or payment 5

205. 27 (1) (b) Pub trst G Aiding and abetting tax evasion or filing false returns 5

205. 27 (1) (c) Pub trst G Making/permitting false tax returns or payments 5

205. 27 (3) Pub trst G False tax returns/perjury 15

205. 28 Pub trst G Compromising/unauthorized disclosure of tax information 5

205. 28 (1) (e) Pub trst G State employee compromising taxes 5

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

205. 28 (1) (f) Pub trst G Unauthorized disclosure of tax information 5

205. 428 (2) Pub trst G Tobacco products tax act violations 5

205. 428 (3) Pub trst G

Illegal sale of cigarettes or other tobacco products with wholesale price of $250.00 or

5 10/1/00

205. 428 (6) Pub trst F Illegal tobacco stamp or tobacco stamp device 10 10/1/00

205. 428 (7) Pub trst G Illegal vending machine license, disk, or marker 5 10/1/00

207. 118 a Pub ord G Gasoline tax – embezzlement over $100 10

Offense repealed, 2000 PA

403, Eff. 4/1/01

207. 119 Pub trst G Gasoline or motor fuel tax violation 4

Offense repealed, 2000 PA

403, Eff. 4/1/01

207. 127 c Pub ord G Diesel fuel tax – embezzlement over $100 10

Offense repealed, 2000 PA

403, Eff. 4/1/01

207. 754 (3) Pub trst G State treasurer – municipality tax – divulging confidential information 5

MCL

777.12b

252. 311 Property H Destroying a tree or shrub to make a sign more visible 2 10/1/00

MCL

777.12c

257. 233 a (7) Pub ord G Odometer tampering 5

257. 254 Property E Possessing stolen vehicle title 10

257. 257 (1) Property G Altering or forging vehicle documents – first offense 5

257. 257 (2) Property G Altering or forging vehicle documents – second offense 7

257. 257 (3) Property E Altering or forging vehicle documents – third or subsequent offense 15

MCL

777.12d

257. 309 (6)* Pub ord F Corrupting an examining officer *[See MCL 257.309(7)] 5 3/28/01

257. 309 (7)* Pub ord F Deviating from road test criteria *[See MCL 257.309(8)] 5 3/28/01

257. 309 (8)* Pub ord F Forging, counterfeiting, or altering road test certification *[See MCL 257.309(9)] 5 3/28/01

257. 310 (7) (a) Pub ord D Forging driver license with intent to commit crime punishable by 10 years or more 10 4/22/02

257. 310 (7) (b) Pub ord E

Forging driver license with intent to commit crime punishable by 6 months or more but

less than 10 years

54/22/02

257. 310 (8) Pub ord E Selling or possessing forged driver license with intent to deliver 5 4/22/02

257. 310 (9) Pub ord E Possession of 2 or more forged driver licenses 5 4/22/02

257. 312 b (6) Pub ord F Corrupting a person or agency conducting a motorcycle driving test 5 3/28/01

257. 312 b (7) Pub ord F Deviating from motorcycle road test criteria 5 3/28/01

257. 312 b (8) Pub ord F Forging, counterfeiting, or altering motorcycle road test certification 5 3/28/01

257. 329 (1) Property G Possession/sale of stolen or counterfeit insurance certificates 5

257. 329 (2) Property E Possession/sale of stolen or counterfeit insurance certificates – second offense 7

257. 329 (3) Property E

Possession/sale of stolen or counterfeit insurance certificates – third or subsequent

offense

MCL

777.12e

257. 601 b (3) Person C Moving violation causing death to construction worker 15 10/1/01

257. 601 b (3) Person C Moving violation causing death to another person in a work zone 15

As amended, 2008 PA 297,

Eff. 10/8/08

257. 601 b (3) Person C Moving violation causing death to another person in a work zone or a school bus zone 15

As amended, 2011 PA 59,

Eff. 7/1/11

257. 601 c (2) Person C Moving violation causing death to operator of implement of husbandry 15 10/1/01

257. 602 a (2) Pub saf G Fourth degree fleeing and eluding 2

Amended, 2011 PA 59, Eff.

7/1/11

257. 602 a (3) Pub saf E Third degree fleeing and eluding 5

Amended, 2011 PA 59, Eff.

7/1/11

257. 602 a (4) Person D Second degree fleeing and eluding 10

Amended, 2011 PA 59, Eff.

7/1/11

257. 602 a (5) Person C First degree fleeing and eluding 15

Amended, 2011 PA 59, Eff.

7/1/11

257. 616 a (2) (b) Pub saf G Using a signal preemption device 2 6/14/04

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

257. 616 a (2) (c) Pub saf E Using a signal preemption device causing a traffic accident 5 6/14/04

257. 616 a (2) (d) Person D Using a signal preemption device causing serious impairment of a body function 10 6/14/04

257. 616 a (2) (e) Person C Using a signal preemption device causing death 15 6/14/04

257. 616 a (2) (f) Pub ord G Selling or purchasing a signal preemption device 2 6/14/04

257. 617 Person E Failure to stop at scene of a serious personal injury accident 5

Substituted for by

257.617(2)

257. 617 (2) Person E Failure to stop at scene of accident resulting in serious impairment or death 5 2/1/02

257. 617 (3) Person C Failure to stop at scene of accident resulting in death when at fault 15 2/1/02

MCL 777.12f

257. 625 (4) Person C OUIL – causing death 15

Substituted for by

257.625(4)(a)

257. 625 (4) (a) Person C Operating a vehicle under the influence or while impaired causing death 15 3/28/01

257. 625 (4) (a) Person C

Operating a vehicle while intoxicated or impaired or with the presence of a controlled

substance causing death

As amended, 2014 PA 220,

Eff. 9/24/14

257. 625 (4) (b) Person B OUIL – causing death to emergency personnel 20 3/28/01

257. 625 (4) (b) Person B

Operating a vehicle under the influence or while impaired causing death to certain per-

sons

20 10/1/01

257. 625 (4) (b) Person B

Operating a vehicle with alcohol content of 0.17 grams or more with prior conviction and

causing death

As amended, 2014 PA 220,

Eff. 9/24/14

257. 625 (4) (c) Person B

Operating a vehicle while intoxicated or impaired or with the presence of a controlled

substance causing death to certain persons

As amended, 2014 PA 220,

Eff. 9/24/14

257. 625 (5) Person E OUIL – causing serious impairment of body function 5

257. 625 (5) Person E Operating a vehicle under the influence or while impaired causing serious impairment 5 3/28/01

257. 625 (5) (a) Person E

Operating a vehicle while intoxicated or impaired or with the presence of a controlled

substance causing serious impairment

As amended, 2014 PA 220,

Eff. 9/24/14

257. 625 (5) (b) Person D

Operating a vehicle with alcohol content of 0.17 grams or more with prior conviction and

causing serious impairment

As amended, 2014 PA 220,

Eff. 9/24/14

257. 625 (7) (a) (ii) Person E

Operating under the influence/while impaired with a minor in the vehicle – subsequent

offense

5 10/1/00

257. 625 (7) (a) (ii)PersonE

Operating a vehicle while intoxicated or impaired or with the presence of a controlled

substance with a minor in the vehicle – subsequent offense

As amended, 2014 PA 220,

Eff. 9/24/14

257. 625 (7) (d) Pub saf E OUIL – third offense 5

257. 625 (8) (c) Pub saf E Operating a vehicle under the influence – third or subsequent offense 5

Eff. until 9/30/03, replaced

by (9)(c)

257. 625 (9) (b) Person E Allowing a vehicle to be operated while under the influence or impaired causing death 5

Eff. until 9/30/03, replaced

by (10)(b)

257. 625 (9) (c) Person G

Allowing a vehicle to be operated while under the influence/impaired - serious impair-

ment

Eff. until 9/30/03, replaced

by (10)(c)

257. 625 (9) (c) Pub saf E

Operating a vehicle while intoxicated or with the presence of a controlled substance –

third or subsequent offense

59/30/03

257. 625 (10) (b) Person E Allowing a vehicle to be operated while intoxicated or impaired causing death 5 9/30/03

257. 625 (10) (c) Pub saf E Impaired driving – third or subsequent offense 5

Eff. until 9/30/03, replaced

by (11)(c)

257. 625 (10) (c) Person G

Allowing a vehicle to be operated while intoxicated or impaired causing serious impair-

ment

29/30/03

257. 625 (11) (c) Pub saf E Operating a vehicle while impaired – third or subsequent offense 5 9/30/03

257. 625 k (7) Pub saf D Knowingly providing false information concerning an ignition interlock device 10 10/1/00

257. 625 k (9) Pub saf D Failure to report that an ignition interlock device does not meet legal requirements 10 10/1/00

257. 625 k (9) Pub saf D Failure to report illegal ignition interlock device 10 10/1/01

257. 625 m (5) Pub saf E Commercial drunk driving – third or subsequent offense 5 10/1/00

257. 625 n (10) Pub ord G Disposing of vehicle to avoid forfeiture 4

Misdemeanor, 1998 PA

349, Eff. 10/1/99

257. 625 q (3) Pub saf D Knowingly providing false information concerning an ignition interlock device 10

Renumbered, 2016 PA 34,

Eff. 6/6/16

257. 625 q (5) Pub saf D Failure to report illegal ignition interlock device 10

Renumbered, 2016 PA 34,

Eff. 6/6/16

MCL

777.12g

257. 626 c Person G Felonious driving 2

Repealed, 2008 PA 467,

Eff. 10/31/10

257. 626 (3) Person E Reckless driving causing serious impairment 5 10/31/10

257. 626 (4) Person C Reckless driving causing death 15 10/31/10

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

257. 653 a (3) Person G Failure to use due care and caution causing injury to emergency personnel 2 3/28/01

257. 653 a (4) Person C Failure to use due care and caution causing death to emergency personnel 15 3/28/01

257. 744 a Pub saf D False statement in citation – perjury 15

MCL

777.12h

257. 902 Pub saf E Motor vehicle code violations 5

257. 903 (1) Property E Motor vehicle code – false certification – first offense 5

257. 903 (2) Property E Motor vehicle code – false certification – second offense 7

257. 903 (3) Property D Motor vehicle code – false certification – third or subsequent offense 15

257. 904 (4) Person C Operating a vehicle without a license causing death 15 10/1/00

257. 904 (5) Person E Operating a vehicle without a license causing serious impairment 5 10/1/00

257. 904 (7) Person G Allowing a vehicle to be operated without a license causing serious impairment 2 10/1/00

257. 904 (7) Person E Allowing a vehicle to be operated without a license causing death 5 10/1/00

MCL 777.12j

257. 1353 (2) Pub trst H Motor vehicle – fail to record material matter – subsequent offense 2

257. 1354 (2) Pub trst H Motor vehicle – general violations – subsequent offense 2

257. 1355 Pub trst H Motor vehicle – fail to record transaction/falsify records 2

MCL

777.12k

259. 80 f (3) Pub saf D Possessing weapon in sterile area of commercial airport 10 3/31/03

259. 83 (2) (b) Pub saf G Aircraft – failure to comply with certification requirements – second violation 2 3/31/03

259. 83 (2) (c) Pub saf F Aircraft – failure to comply with certification requirements – third or subsequent violation 4 3/31/03

259. 83 b (2) (a) Pub saf F Conducting flight operations without certificate 4 3/31/03

259. 83 b (2) (b) Pub saf E Conducting flight operations without certificate – second violation 5 3/31/03

259. 83 b (2) (c) Pub saf D Conducting flight operations without certificate – third or subsequent violation 10 3/31/03

259. 183 Property E Aircraft – unlawful taking or tampering 5

259. 185 (4) Person C Operating or serving as crew of aircraft while under the influence causing death 15 10/1/00

259. 185 (5) Person E

Operating or serving as crew of aircraft while under the influence causing serious

impairment

53/28/01

259. 185 (8) Pub saf G

Operating/serving as crew of aircraft while under the influence – third or subsequent

offense

5 10/1/00

259. 185 (8) Pub saf E

Operating or serving as crew of aircraft while under the influence – third or subsequent

offense

53/28/01

MCL

777.12m

285. 82 Pub trst H Grain dealers act violations 5 Substituted for by 285.83

285. 83 Pub trst H Grain dealers act violations 5 3/31/03

285. 83 (4) Pub trst H Fraudulent warehouse receipt violations under the grain dealers act 5

As amended, 2015 PA 213,

Eff. 3/14/16

285. 279 Pub trst E Falsely obtaining money – agricultural land 10

Deleted, 2001 PAs 133,

136 & 160

285. 279 (2) (c) Property E

False pretenses under Michigan family farm development act involving $1,000 to

$20,000 or with prior convictions

52/1/02

285. 279 (2) (d) Property D

False pretenses under Michigan family farm development act involving $20,000 or more

or with prior convictions

10 2/1/02

286. 228 (6) Pub ord E

Insect pest and plant disease act - intentional violation with intent to damage natural

resources

As amended, 2015 PA 213,

Eff. 3/14/16

286. 260 (4) Pub ord E

Insect pest and plant disease - intentional violation with intent to damage natural

resources

5 9/1/05

286. 260 (4) Pub ord E Intentional violation of quarantine rule or order with intent to damage natural resources 5

As amended, 2015 PA 213,

Eff. 3/14/16

286. 455 (2) Pub saf G Agriculture – hazardous substance 5

Deleted, 2015 PA 213, Eff.

3/14/16

286. 929 (4) Pub trst G Organic products act violations 4 3/28/01

287. 77 (1) Pub saf H Agriculture – livestock condemnation 4

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

287. 323 (1) Person C Dangerous animal causing death 15

287. 323 (2) Person G Dangerous animal causing serious injury 4

287. 679 Pub ord H Dead animals 1

287. 679 Pub ord H Dead animals – third or subsequent violation 1 10/1/01

287. 679 (2) Pub ord H Dead animal violation – third or subsequent offense 1

As amended, 2015 PA 213,

Eff. 3/14/16

287. 744 (10) Pub ord G Animal industry act violations 5

Renumbered, 2019 PA

134, Eff. 2/19/20

287. 855 Pub saf G Agriculture – contaminating livestock/false statement/violation of quarantine 5

287, 855 Pub saf G Violations involving contamination of livestock or diseased or quarantined livestock 5

As amended, 2015 PA 213,

Eff. 3/14/16

287. 967 (5) Pub ord G Cervidae producer violations 4 10/1/00

288. 223 Pub saf G Sale or labeling of oleomargarine violations 3

Repealed, 2001 PA 267,

Eff. 2/8/02

288. 257 Pub saf G Margarine violations 3

Repealed, 2001 PA 267,

Eff. 2/8/02

288. 284 Pub trst H Selling falsely branded cheese 2

Repealed, 2001 PA 267,

Eff. 2/8/02

289. 5107 (2) Pub saf F Adulterated, misbranded, or falsely identified food 4 10/1/00

MCL

777.12n

290. 629 (1) Person G Weights and measures – assaults enforcement officer 2

290. 631 (3) Pub trst G Weights and measures 5

290. 650 Person G Motor fuels – assaulting/obstructing director or authorized representative 2

290. 650 b (3) Pub trst H Motor fuels violations 2

MCL

777.13b

324. 1608 Person G Resisting and obstructing conservation officer 2

324. 2157 (1) (c) Property E Damage to state property involving $1,000 to $20,000 or with prior convictions 5 1/1/02

324. 2157 (1) (d) Property D Damage to state property involving $20,000 or more or with prior convictions 10 1/1/02

324. 2157 (3) Property H State owned property – damages of $1,000 or more

180

days

Deleted, 2001 PA 156, Eff.

1/1/02

MCL

777.13c

324. 3115 (2) Pub saf H Waste discharge violations – second offense 2

324. 3115 (2) Pub saf H Waste discharge violations 2

1/1/01; Reworded, 2004

PA 382, Eff. 10/12/04

324. 3115(2) Pub saf H Water pollution 2

As amended, 2004 PA 382,

Eff. 10/12/04

324. 3115 (4) Pub saf G Waste discharge violations – substantial endangerment 5

1/1/01; Reworded, 2004

PA 382, Eff. 10/12/04

324. 3115 (4) Pub saf G Water pollution – substantial endangerment 5

As amended, 2004 PA 382,

Eff. 10/12/04

324. 5531 (4) Pub saf H Knowingly releasing pollutants 2

Reworded, 2004 PA 382,

Eff. 10/12/04

324. 5531 (4) Pub saf H Knowingly releasing air pollutants 2

As amended, 2004 PA 382,

Eff. 10/12/04

324. 5531 (5) Pub saf G Knowingly releasing pollutants – causing death or serious bodily injury 6

Reworded, 2004 PA 382,

Eff. 10/12/04

324. 5531 (5) Pub saf G Knowingly releasing air pollutants – causing death or serious bodily injury 6

As amended, 2004 PA 382,

Eff. 10/12/04

324. 5531 (6) Pub saf C Knowingly releasing pollutants – resulting in death or serious bodily injury 15

Reworded, 2004 PA 382,

Eff. 10/12/04

324. 5531 (6) Pub saf C Knowingly releasing air pollutants – intentionally causing death or serious bodily injury 15

As amended, 2004 PA 382,

Eff. 10/12/04

324. 8905 (2) Pub saf H Infectious waste/pathological waste/sharps – littering violation 2

Reworded, 2004 PA 382,

Eff. 10/12/04

324. 8905 (2) Pub saf H Littering – infectious waste/pathological waste/sharps 2

As amended, 2004 PA 382,

Eff. 10/12/04

324. 8905 (3) Pub saf G Infectious waste/pathological waste/sharps – littering violation – subsequent offense 5

Reworded, 2004 PA 382,

Eff. 10/12/04

324. 8905 (3) Pub saf G Littering – infectious waste/pathological waste/sharps – subsequent offense 5

As amended, 2004 PA 382,

Eff. 10/12/04

324. 11151 (2) Pub saf H Hazardous waste – subsequent offense 2

324. 11151 (3) Pub saf H Hazardous waste – disregard for human life 2

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

324. 11151 (3) Pub saf G Hazardous waste – extreme indifference for human life 5

324. 11549 (2) Pub saf G Solid waste - importing from foreign country 2 3/13/06

324. 11719 (2) Pub saf G Septage – false statement or entry in a license application or record 2

As amended, 2015 PA 226,

Eff. 3/16/16

324. 12116 (2) Pub saf H Waste – false statement or entry in a license application 2

Reworded, 2004 PA 382,

Eff. 10/12/04

324. 12116 (2) Pub saf H Liquid industrial by-product – false statement in an application or shipping document 2

As amended, 2015 PA 226,

Eff. 3/16/16

324. 12116 (2) Pub saf H Liquid industrial waste – false statement in a license application 2

As amended, 2004 PA 382,

Eff. 10/12/04

324. 20139 (3) Pub saf H Hazardous waste – knowingly releases or causes the release 2

Reworded, 2004 PA 382,

Eff. 10/12/04

324. 20139 (3) Pub saf H Hazardous substance – knowing release or intentional false statement 2

As amended, 2015 PA 226,

Eff. 3/16/16

324. 20139 (3) Pub saf H Hazardous substance – knowingly releasing or causing release 2

As amended, 2004 PA 382,

Eff. 10/12/04

324. 20139 (4) Pub saf E Hazardous substance – substantial endangerment 5 3/16/16

324. 21324 (1) Pub saf G Underground storage tanks – false or misleading information 5

324. 21548 (1) Pub trst H False statement, report, claim, bid, work invoice, or other request for payment 5

Amended, 2004 PA 390,

Eff. 10/12/04

324. 21548 (1) Pub trst H Underground storage tanks – false or misleading request for payment 5

As amended, 2015 PA 226,

Eff. 3/16/16

324. 21548 (1) Pub trst H Underground storage tanks – false or misleading request for payment 5

As amended, 2015 PA 226,

Eff. 3/16/16

MCL

777.13d

324. 30316 (3) Pub saf H NREPA violation – subsequent offense 2

324. 31525 Person G NREPA – imminent danger of death or serious injury – subsequent offense 2

324. 33939 (1) Pub trst H NREPA violation for commercial purposes2

MCL

777.13e

324. 40118 (11) Pub ord G Wildlife conservation – buying/selling protected animals – subsequent offense 4

324. 40118 (15) Pub ord G Wildlife conservation – buying/selling protected animals – subsequent offense 4

Renumbered, 2015 PA

189, Eff. 2/14/16

324. 41309 Property E Possession or release of genetically engineered, nonnative, or prohibited fish 5

Eff. 3/30/04 to 9/1/05, 2005

PA 81

324. 41309 (3) (b) Property G Possession of nonaquatic prohibited species 2

As amended, 2014 PA 538,

Eff. 4/15/15

324. 41309 (3) (c) Property F Possession of aquatic prohibited species 3 4/15/15

324. 41309 (4) (a) Property G Possession of restricted or nonnative species - intent to damage resources 2 9/1/05

324. 41309 (4) (b) Property F

Possession of prohibited or genetically engineered species – intent to damage

resources

49/1/05

324. 41309 (8) Property G

Introduction of nonaquatic prohibited species or genetically engineered species – know-

ing identity

As amended, 2014 PA 538,

Eff. 4/15/15

324. 41309 (9) Property F Introduction of aquatic prohibited species – knowing identity 3 4/15/15

324. 41309 (10) (a) Property G Introduction of restricted or nonnative species – knowing unlawful 2

As amended, 2014 PA 538,

Eff. 4/15/15

324. 41309 (10) (b) Property F Introduction of prohibited or genetically engineered species – knowing unlawful 4

As amended, 2014 PA 538,

Eff. 4/15/15

324. 41309 (11) (a) Property F Introduction of restricted or nonnative species – intent to damage resources 3

As amended, 2014 PA 538,

Eff. 4/15/15

324. 41309 (11) (b) Property E

Introduction of prohibited or genetically engineered species – intent to damage

resources

As amended, 2014 PA 538,

Eff. 4/15/15

324. 48738 (4) Property E Possession, importation, or planting of genetically engineered fish 5 3/30/04

324. 51120 (2) Property H Removing forest products over $2,500 3

324. 51512 Pub saf D Willfully setting forest fires 10

324. 52908 (1) (c) Property E Damage to plant involving $1,000 to $20,000 or with prior convictions 5 1/1/02

324. 52908 (1) (d) Property D Damage to plant involving $20,000 or more or with prior convictions 10 1/1/02

324. 52908 (3) Property H Illegally cutting, removing, or transporting tree or other plant involving $1,000 or more

180

days

Eff. 10/1/00 to 1/1/02, 2001

PA 156

MCL 777.13f

324. 61511 Pub trst G False affidavit under NREPA 5

324. 61521 (1) Pub trst G Evading rule under NREPA 3

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

MCL

777.13g

324. 76107 (3) Pub ord D Removing or mutilating human body from Great Lakes bottomland 10 1/1/02

324. 76107 (4) Pub trst G Recovering abandoned property in Great Lakes without permit 2

Deleted, 2001 PA 156, Eff.

1/1/02

324. 76107 (4) (c) Property E

Recovering abandoned property in Great Lakes having value of $1,000 to $20,000 or

with prior convictions

51/1/02

324. 76107 (4) (d) Property D

Recovering abandoned property in Great Lakes having value of $20,000 or more or with

prior convictions

10 1/1/02

324. 80130 d (1) Pub ord H False representation to obtain personal information 4

324. 80130 d (2) Pub ord G False representation to obtain personal information – second offense 7

324. 80130 d (3) Pub ord C False representation to obtain personal information – third or subsequent offense 15

324. 80134 a (2) Person E Failure to stop at scene of marine accident causing serious impairment or death 5 4/1/04

324. 80134 a (3) Person C Failure to stop at scene of marine accident causing death when at fault 15 4/1/04

324. 80172 Person G Negligent crippling or homicide by vessel 2

324. 80173 Person G Felonious operation of a vessel 2

324. 80176 (4) Person C

Operating a vessel under the influence or while impaired or with the presence of a con-

trolled substance causing death

As amended, 2014 PA 403,

Eff. 3/31/15

324. 80176 (5) Person E Operating a vessel under the influence causing long-term incapacitating injury 5

324. 80176 (5) Person E

Operating a vessel under the influence or while impaired or with the presence of a con-

trolled substance causing serious impairment

As amended, 2014 PA 403,

Eff. 3/31/15

324. 80177 (1) (c) Pub saf E

Operating a vessel under the influence or with the presence of a controlled substance –

third or subsequent offense

As amended, 2014 PA 403,

Eff. 3/31/15

324. 80178 b (1) (b) Person E

Operating a vessel while intoxicated or impaired with a minor in the vehicle – subse-

quent offense

53/31/15

324. 80319 a (1) Pub ord H False representation to obtain personal information 4

324. 80319 a (2) Pub ord G False representation to obtain personal information – second offense 7

324. 80319 a (3) Pub ord C False representation to obtain personal information – third or subsequent offense 15

324. 81120 (1) Pub ord H False representation to obtain personal information 4

324. 81120 (2) Pub ord G False representation to obtain personal information – second offense 7

324. 81120 (3) Pub ord C False representation to obtain personal information – third or subsequent offense 15

324. 81134 (6) Pub saf E Operating an ORV under the influence – third or subsequent offense 4

324. 81134 (6) Pub saf E Operating an ORV under the influence – third or subsequent offense 5

Deleted, 2014 PA 403, Eff.

3/31/15

324. 81134 (4) Person C

Operating an ORV under the influence or impaired or with the presence of a controlled

substance causing death

As amended, 2014 PA 403,

Eff. 3/31/15

324. 81134 (5) Person E

Operating an ORV under the influence or impaired or with the presence of a controlled

substance causing serious impairment

As amended, 2014 PA 403,

Eff. 3/31/15

324. 81134 (8) (c) Pub saf E

Operating an ORV under the influence or with the presence of a controlled substance –

third or subsequent offense

53/31/15

324.

81134 (12) (a)

(ii)

Person E

Operating an ORV while intoxicated or impaired with a minor in the ORV – subsequent

offense

53/31/15

324. 82126 c (1) Person G Operating a snowmobile carelessly or negligently causing death or serious impairment 2 10/1/00

324. 82126 c (2) Person G Operating a snowmobile without regard to safety causing serious impairment 2 10/1/00

324. 82127 (4) Person C

Operating a snowmobile under the influence or while impaired or with the presence of a

controlled substance causing death

As amended, 2014 PA 403,

Eff. 3/31/15

324. 82127 (5) Person E Operating a snowmobile under the influence causing long-term incapacitating injury 5

324. 82127 (5) Person E

Operating a snowmobile under the influence or while impaired or with the presence of a

controlled substance causing serious impairment

As amended, 2014 PA 403,

Eff. 3/31/15

324. 82128 (1) (c) Pub saf E

Operating a snowmobile under the influence or with the presence of a controlled sub-

stance – third or subsequent offense

As amended, 2014 PA 403,

Eff. 3/31/15

324. 82129 b (1) (b) Person E

Operating a snowmobile under the influence or impaired with a minor occupying the

snowmobile – subsequent offense

53/31/15

324. 82160 (1) Pub ord H False representation to obtain personal information 4

324. 82160 (2) Pub ord G False representation to obtain personal information – second offense 7

324. 82160 (3) Pub ord C False representation to obtain personal information – third or subsequent offense 15

MCL 777.13j

328. 232 Property E Conversion of funeral contracts 5

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

330. 1944 Pub saf F Criminal sexual psychopath leaving state without permission 4 1/9/07

MCL

777.13k

333. 2685 Person E

Use of a live human embryo, fetus, or neonate for nontherapeutic research [See MCL

333.2691]

As amended, 2016 PA 387,

Eff. 3/29/17

333. 2688 Person E

Research on dead embryo, fetus, or neonate without mother’s consent [See MCL

333.2691]

As amended, 2016 PA 387,

Eff. 3/29/17

333. 2689 Person E Abortion to obtain embryo or fetus [See MCL 333.2691] 5

As amended, 2012 PA 539,

Eff. 4/1/13

333. 2690 Person E Sale or delivery of fetus or embryo [See MCL 333.2691] 5

333. 2690 (1) Person E Sale or delivery of fetus, embryo, or neonate for certain purposes [See MCL 333.2691] 5

Renumbered and amended,

2016 PA 387, Eff. 3/29/17

333. 2690 (2) Person E

Financially benefiting from granting certain persons access to an embryo, fetus, or neonate or from

transferring possession of an embryo, fetus, or neonate to certain persons [See MCL 333.2691]

53/29/17

333. 2813 (3) Pub trst F Unauthorized disclosure of social security number – subsequent offense 4 10/1/00

333. 2835 (9) Pub trst G Disclosing confidential information – abortion 3

333. 2841 (3) Pub ord E

Failure to inform law enforcement or funeral home of discovery of dead body with pur-

pose of concealing fact or cause of death

54/1/13

333. 5210 Person F AIDS – sexual penetration with uninformed partner 4

Replaced, 2018 PA 587,

Eff. 3/28/19

333. 5210 (1) Person F

Person who has HIV knowingly engaging in intercourse with uninfected person without

informing that he or she has HIV with intent to infect that person

As amended, 2018 PA 587,

Eff. 3/28/19

333. 5210 (2) Person F

Person who has HIV knowingly engaging in intercourse with uninfected person without

informing that he or she has HIV with reckless disregard and person contracting HIV

4 3/28/19

333. 5661 Person F Fraud resulting in patient death 4

MCL

777.13m

333. 7340 CS F

Sale, distribution, or delivery of product containing ephedrine or pseudoephedrine by

mail, internet, or telephone

4 10/1/06

333. 7340 c CS D

Soliciting another person to purchase or obtain ephedrine or pseudoephedrine to manu-

facture methamphetamine

10 1/1/15

333. 7340 c (2) CS D

Soliciting another person to purchase or obtain ephedrine or pseudoephedrine to manu-

facture methamphetamine

Renumbered, 2016 PA

126, Eff. 8/23/16

333. 7341 (8) CS G Delivery or manufacture of imitation controlled substance 2

333. 7401 (2) (a) (i) CS A Delivery or manufacture of 650 or more grams by juvenile LIFE

333. 7401 (2) (a) (i) CS A

Delivery/manufacture of 650 or more grams of certain schedule 1 or 2 controlled sub-

stances

LIFE 10/1/00

333. 7401 (2) (a) (i) CS A

Delivery or manufacture of 1,000 or more grams of certain schedule 1 or 2 controlled

substances

LIFE 3/1/03

333. 7401 (2) (a) (ii) CS A

Delivery/manufacture of 225+ but less than 650 grams of certain schedule 1 or 2 con-

trolled substances

30 10/1/00

333. 7401 (2) (a) (ii)CS A

Delivery or manufacture of 450 or more but less than 1,000 grams of certain schedule 1

or 2 controlled substances

30 3/1/03

333. 7401 (2) (a) (iii) CS B

Delivery/manufacture of 50+ but less than 225 grams of certain schedule 1 or 2 con-

trolled substances

333. 7401 (2) (a) (iii) CS B

Delivery or manufacture of 50 or more but less than 450 grams of certain schedule 1 or

2 controlled substances

20 3/1/03

333. 7401 (2) (a) (iv) CS D

Deliver or manufacture of less than 50 grams of certain schedule 1 or 2 controlled sub-

stances

333. 7401 (2) (b) CS E Delivery or manufacture of schedule 1, 2, or 3 controlled substance except marijuana 7

333. 7401 (2) (b) (i) CS B Delivery or manufacture of methamphetamine 20 1/1/01

333. 7401 (2) (b) (i)CSB

Delivery or manufacture of methamphetamine or 3, 4-methylenedioxymethamphet-

amine

20 4/1/03

333. 7401 (2) (b) (ii) CS E Delivery or manufacture of certain schedule 1, 2, or 3 controlled substances 7 1/1/01

333. 7401 (2) (c) CS F Delivery or manufacture of schedule 4 controlled substance 4

333. 7401(2)(d)(i) CS C Delivery or manufacture of >45 kilos of marijuana 15

333. 7401 (2) (d) (i) CS C

Delivery or manufacture of 45 or more kilograms of marihuana or synthetic equivalents

of marihuana

As amended, 2016 PA 549,

Eff. 4/10/17

333. 7401(2)(d)(ii) CS D Delivery or manufacture of 5-45 kilos of marijuana 7

333. 7401 (2) (d) (ii) CS D

Delivery or manufacture of 5 or more but less than 45 kilograms of marihuana or syn-

thetic equivalents of marihuana

As amended, 2016 PA 549,

Eff. 4/10/17

333. 7401 (2) (d) (iii) CS F

Delivery or manufacture of less than 5 kilograms or 20 plants of marihuana or synthetic

equivalents of marihuana

As amended, 2016 PA 549,

Eff. 4/10/17

333. 7401 (2) (e) CS G Delivery or manufacture of schedule 5 controlled substance 2

333. 7401 (2) (f) CS D Delivery or manufacture of an official or counterfeit prescription form 20

Deleted, 2001 PA 236, Eff.

1/6/03

333. 7401 (2) (f) CS D Delivery or manufacture of prescription or counterfeit form other than official 7 1/6/03

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

333. 7401 (2) (f) CS D Delivery or manufacture of prescription form or counterfeit prescription form 7 3/1/03

333. 7401 (2) (g) CS D Delivery or manufacture of prescription or counterfeit form (other than official) 7

Rewritten as.7401(2)(f),

2001 PA 236

333. 7401 a Person B Delivering a controlled substance with intent to commit criminal sexual conduct 20 10/1/00

333. 7401 a Person B Delivering a controlled substance or GBL with intent to commit criminal sexual conduct 20 1/1/01

333. 7401 b (3) (a) CS E Delivery or manufacture of GBL 7 1/1/01

333. 7401 b (3) (b) CS G Possession of GBL 21/1/01

333. 7401 c (2) (a) CS D Operating or maintaining controlled substance laboratory 10 1/1/01

333. 7401 c (2) (b) CS B Operating or maintaining controlled substance laboratory in presence of minor 20 1/1/01

333. 7401 c (2) (c) CS B Operating or maintaining controlled substance laboratory involving hazardous waste 20 1/1/01

333. 7401 c (2) (d) CS B Operating or maintaining controlled substance laboratory near certain places 20 1/1/01

333. 7401 c (2) (e) CS A

Operating or maintaining controlled substance laboratory involving firearm or other

harmful device

25 1/1/01

333. 7401 c (2) (f) CS B Operating or maintaining controlled substance laboratory involving methamphetamine 20 4/1/04

333. 7402 (2) (a) CS D Delivery or manufacture of an imitation controlled substance 10

333. 7402 (2) (a) CS D Delivery or manufacture of certain imitation controlled substances 10 1/1/01

333. 7402 (2) (a) CS D Delivery or manufacture of certain counterfeit controlled substances 10 9/30/10

333. 7402 (2) (b) CS E Delivery or manufacture of schedule 1, 2, or 3 imitation controlled substance 5

333. 7402 (2) (b) CS E Delivery or manufacture of schedule 1, 2, or 3 counterfeit controlled substance 5 9/30/10

333. 7402 (2) (c) CS F Delivery or manufacture of imitation schedule 4 controlled substance 4

333. 7402 (2) (c) CS F Delivery or manufacture of counterfeit schedule 4 controlled substance 4 9/30/10

333. 7402 (2) (d) CS G Delivery or manufacture of imitation schedule 5 controlled substance 2

333. 7402 (2) (d) CS G Delivery or manufacture of counterfeit schedule 5 controlled substance 2 9/30/10

333. 7402 (2) (e) CS C Delivery or manufacture of controlled substance analogue 15

333. 7403 (2) (a) (i) CS A Possession of >649 grams by juvenile LIFE

333. 7403 (2) (a) (i) CS A

Possession of 650 or more grams of certain schedule 1 or 2 controlled substances by

juvenile

LIFE 10/1/00

333. 7403 (2) (a) (i) CS A Possession of 1,000 or more grams of certain schedule 1 or 2 controlled substances LIFE 3/1/03

333. 7403 (2) (a) (ii) CS A

Possession of 225+ but less than 650 grams of certain schedule 1 or 2 controlled sub-

stances

30 10/1/00

333. 7403 (2) (a) (ii)CS A

Possession of 450 or more but less than 1,000 grams of certain schedule 1 or 2 con-

trolled substances

30 3/1/03

333. 7403 (2) (a) (iii) CS B Possession of 50-224 grams 20

333. 7403 (2) (a) (iii) CS B

Possession of 50+ but less than 225 grams of certain schedule 1 or 2 controlled sub-

stances

20 10/1/00

333. 7403 (2) (a) (iii) CS B

Possession of 50 or more but less than 450 grams of certain schedule 1 or 2 controlled

substances

20 3/1/03

333. 7403 (2) (a) (iii) CS B Possession of 25-49 grams 20

333. 7403 (2) (a) (iv) CS G

Possession of 25 or more but less than 50 grams of certain schedule 1 or 2 controlled

substances

4 10/1/00

333. 7403 (2) (a) (v) CS G Possession of less than 25 grams of certain schedule 1 or 2 controlled substances 4

333. 7403 (2) (b) CS G Possession of certain schedule 1, 2, 3, or 4 controlled substances or analogue 2

333. 7403 (2) (b) (i) CS D Possession of methamphetamine 10 1/1/01

333. 7403 (2) (b) (i) CS D Possession of methamphetamine or 3, 4-methylenedioxymethamphetamine 10 4/1/03

333. 7403 (2) (b) (ii) CS G

Possession of certain schedule 1, 2, 3, or 4 controlled substances or controlled sub-

stance analogue

21/1/01

333. 7403 (2) (e) CS H Possession of official prescription form 1

Deleted, 2003 PA 311, Eff.

4/1/04

333. 7403 a CS F Fraudulently obtaining controlled substance or prescription for controlled substance 4 12/22/10

333. 7405 (a) CS G Controlled substance violations by licensee 2

333. 7405 (1) (a) CS G Controlled substance violations by licensee 2 12/22/10

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

333. 7405 (b) CS G Manufacturing or distribution violations by licensee 2

333 7405 (1) (b) CS G Manufacturing or distribution violations by licensee 2 12/22/10

333. 7405 (c) CS G Refusing lawful inspection 2

333. 7405 (1) (c) CS G Refusing lawful inspection 2 12/22/10

333. 7405 (d) CS G Maintaining drug house 2

333. 7405 (1) (d) CS G Maintaining drug house 2 12/22/10

333. 7405 (1) (e) CS G Unlawfully dispensing out-of-state prescription 2 12/22/10

333. 7407 (1) (a) CS G Controlled substance violations by licensee 4

333. 7407 (1) (b) CS G Use of fictitious, revoked, or suspended license number 4

333. 7407 (1) (c) CS G Obtaining controlled substance by fraud 4

333. 7407 (1) (d) CS G False reports under controlled substance article 4

333. 7407 (1) (e) CS G Possession of counterfeiting implements 4

333. 7407 (1) (f) CS F Disclosing or obtaining prescription information 4

Offense deleted, 2001 PA

236, Eff. 1/6/03

333. 7407 (1) (f) CS F Possession of counterfeit prescription form 4 1/6/03

333. 7407 (1) (g)* CS F Possession of counterfeit prescription form *[See MCL 333.7407(1)(f)] 4

Rewritten as 7407(1)(f),

2001 PA 236

333. 7407 (2) CS G Refusing to furnish records under controlled substance article 4

MCL 777.18

333. 7410 CS

SPEC

Controlled substance delivery or distribution to minors or students Variable

333. 7410 CS

SPEC

Controlled substance offense on or near school property Variable 10/1/00

333. 7410 CS

SPEC

Controlled substance offense or offense involving GBL on or near school property Variable 1/1/01

333. 7410 CS

SPEC

Controlled substance offense or offense involving GBL on or near school property or

library

Variable

As amended, 2006 PA 553,

Eff. 3/30/07

MCL

777.13m

333. 7410 a CS G Controlled substance offense in or near a park 2 10/1/00

333. 7410 a CS G Controlled substance offense or offense involving GBL in or near a park 2 1/1/01

MCL 777.18

333 7413 (1) Pub trst

SPEC

Subsequent controlled substance violations Variable

Renumbered, 2017 PA

267, Eff. 3/28/188

333. 7413 (2) Pub trst

SPEC

Subsequent controlled substance violations Variable

333. 7413 (3) Pub trst

SPEC

Subsequent controlled substance violations Variable

333. 7416 (1) (a) CS

SPEC

Recruiting or inducing a minor to commit a controlled substance felony Variable

333. 7417 CS

Sell or offer to sell named product producing same or similar effect as scheduled ingre-

dient

4 10/1/13

MCL

777.13n

333. 10116 (1) Pub ord E Purchasing or selling body part of deceased individual for transplantation or therapy 5 3/17/2008

333. 10117 Pub ord E Falsifying, concealing, or defacing document of anatomical gift for financial gain 5 3/17/2008

333. 10204 (1) Pub ord F Transferring a human organ for valuable consideration 4

333. 10204 (4) Pub saf F Removal of a human organ by an unauthorized individual 4 9/1/99

333. 10205 Pub saf F Removal of a human organ in an unapproved facility 4 9/1/99

333. 13738 (2) Pub saf F Waste disposal violations – subsequent offense 5

As amended, 2012 PA 513,

Eff. 4/1/13

333. 13738 (3) Pub saf F Improper disposal of waste with indifference to human life 2

As amended, 2014 PA 279,

Eff. 9/30/14

333. 13738 (3) Pub saf B Improper disposal of waste with extreme indifference to human life 20

As amended, 2014 PA 279,

Eff. 9/30/14

333. 16170 (3) Pub trst F False representation of completion of health professional recovery program 4

As amended, 2014 PA 279,

Eff. 9/30/14

333. 16294 Pub saf F Unauthorized practice of health profession 4

As amended, 2014 PA 279,

Eff. 9/30/14

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

333. 17748 d (2) Person G Compounding pharmacy violation 2 9/30/14

333. 17748 d (3) Person F Compounding pharmacy violation resulting in personal injury 4 9/30/14

333. 17748 d (4) Person E Compounding pharmacy violation resulting in serious impairment of a body function 5 9/30/14

333. 17748 d (5) Person C Compounding pharmacy violation resulting in death 15 9/30/14

333. 17764 (3) Pub saf G Adulterating, misbranding, removing, or substituting a drug or device 2

As amended, 2014 PA 279,

Eff. 9/30/14

333. 17764 (4) Pub saf F

Adulterating, misbranding, removing, or substituting a drug or device resulting in per-

sonal injury

As amended, 2014 PA 279,

Eff. 9/30/14

333. 17764 (5) Pub saf E

Adulterating, misbranding, removing, or substituting a drug or device resulting in serious

impairment of a body function

As amended, 2014 PA 279,

Eff. 9/30/14

333. 17764 (6) Pub saf C Adulterating, misbranding, removing, or substituting a drug or device resulting in death 15

As amended, 2014 PA 279,

Eff. 9/30/14

333. 17766 a (2) CS F Possession of steroids – subsequent offense 4

Deleted, 2003 PA 309, Eff.

4/1/04

333. 17766 a (3) CS E Delivery or manufacture of steroids 7

Deleted, 2003 PA 309, Eff.

4/1/04

333. 17766 a (4) CS G Delivery of imitation steroids 7

Deleted, 2003 PA 309, Eff.

4/1/04

333. 17766 c (2) CS G Possession of more than 10 grams ephedrine 2

Eff. 1/1/99 to 4/1/04, 2003

PA 309

333. 17766 c (2) CS G Possession of more than 12 grams ephedrine or pseudoephedrine 2 4/1/04

333. 17766 c (2) (b) CS G Possessing more than 12 grams ephedrine or pseudoephedrine 2

As amended, 2014 PA 279,

Eff. 9/30/14

333. 17766 c (2) (c) CS E

Purchasing or possessing ephedrine or pseudoephedrine knowing or having reason to

know that it is to be used to manufacture methamphetamine

59/30/14

333. 20142 (5) Pub trst F False statement in application for licensure as health facility 4

As amended, 2014 PA 279,

Eff. 9/30/14

333. 20153 Pub saf D Reuse of single-use medical device 10

3/26/10

333. 21792 Pub trst G Nursing home accepting referral fees, bribing officials, or accepting bribes 4

As amended, 2014 PA 279,

Eff. 9/30/14

333. 26424 (k) Pub trst G

Selling marihuana in violation of registry identification card restrictions [under Michigan

Medical Marihuana Act (MMMA)]

2 4/1/13

333. 26424 (l)Pub trstG

Selling marihuana in violation of registry identification card restrictions [under Michigan

Medical Marihuana Act (MMMA)]

Renumbered, 2016 PA

547, Eff. 1/10/17

333. 27407 a (c) Pub saf F

Operating medical marihuana facility without a license resulting in death or serious

injury

Added, 2018 PA 583,

Eff. 12/28/18

MCL

777.13p

338. 823 Pub trst F Private detective license act violation 4 10/1/02

338. 1053 Pub trst F Private security business and security alarm act violation 4 3/28/01

338. 3434 a (2) Pub trst F Unauthorized disclosure of a social security number – subsequent offense 4 10/1/00

338. 3471 (1) (b) Pub trst G Michigan immigration clerical assistant act violation - subsequent offense 2 3/30/05

338. 3621 (1) (b) Pub trst G Michigan immigration clerical assistant act violation - subsequent offense 2

Substituted for by MCL

338.3471(1)(b)

338. 3649 a (2) Pub saf E

Michigan boxing and mixed martial arts regulatory act violation – professional in mixed

martial arts contest with amateur

32/10/16

339. 601 (6) (b) Pub trst G

Unauthorized practice of residential building, residential maintenance, or alteration con-

tracting – second or subsequent offense

24/1/11

339. 601 (6) (c) Pub trst F

Unauthorized practice of residential building, residential maintenance, or alteration con-

tracting causing serious injury or death

44/1/11

339. 601 (7) (c) Pub trst F Unauthorized operation of a school teaching an occupation causing serious injury/death 4 12/23/08

339. 601 (7) (c) Pub trst F

Unauthorized practice of or unauthorized operation of a school teaching, architecture

prof engineering, or prof land surveyor causing serious injury/death

44/1/11

339. 735 Pub trst E Unauthorized practice of public accounting 5 12/19/05

339. 5601 (5) Pub trst E

Unauthorized practice of an occupation under the skilled trades regulation act – third or

subsequent offense

54/4/17

380. 1230 d (3) (a) Pub saf G Failure by school employee to report charge or conviction 2 9/29/05

380. 1816 Pub trst F Improper use of bond proceeds 4 3/30/05

388. 936 Pub trst F Knowingly making false statement to obtain school district loan 4

As amended, 2015 PA 184,

Eff. 2/10/16

388. 962 Pub trst F Knowingly making false statement – school district loans 4

Deleted, 2005 PA 125, Eff.

9/29/05

388. 1237 Pub trst F

Making false statement or concealing material info to obtain qualification of school bond

issue/improper use of proceeds

Substituted for by MCL

388.1937

388. 1937 Pub trst F

Making false statement or concealing material info to obtain qualification of school bond

issue/improper use of proceeds

49/29/05

MCL

777.14a

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

400. 60 (2) Property H Welfare – obtaining over $500 by failure to inform 4

400. 293 Pub trst E Charitable organizations and solicitations act violations 5 3/30/11

400. 603 Pub trst G Medicaid fraud – false statement in benefit/concealing information 4

400. 604 Pub trst G Medicaid fraud – kickback/referral fees 4

400. 605 Pub trst G Medicaid fraud – false statement regarding institutions 4

400. 606 Property E Medicaid fraud – conspiracy 10

400. 607 Pub trst G Medicaid fraud – false claim/medically unnecessary 4

400. 609 Property D Medicaid fraud – fourth or subsequent offense 10

400. 713 (13) Pub saf H Adult foster care – unlicensed facility – first offense 2

400. 713 (13) Pub saf H Adult foster care – unlicensed facility 27/1/01

400. 713 (13) Pub saf F Adult foster care – unlicensed facility – second or subsequent violation 5

400. 713 (13) Pub saf F Adult foster care – unlicensed facility – subsequent violation 5 7/1/01

400. 722 (4) Pub saf F Adult foster care – maintaining operation after refusal of licensure 5

MCL

777.14b

408. 1035 (5) Pub saf I MIOSHA violation – first offense 1

408. 1035 (5) Person H MIOSHA violation causing employee death 1 10/1/00

408. 1035 (5) Pub saf G MIOSHA violation – second offense 3

408. 1035 (5) Person G MIOSHA violation causing employee death – subsequent offense 3 10/1/00

408. 1035 a (5) Pub saf I MIOSHA – violations/writs of mandamus/assaults – first offense 1

408. 1035 a (5) Person H MIOSHA violation causing employee death 1 10/1/00

408. 1035 a (5) Pub saf G MIOSHA – violations/writs of mandamus/assaults – second offense 3

408. 1035 a (5) Person G MIOSHA violation causing employee death – subsequent offense 3 10/1/00

409. 122 (2) Pub ord G Employment of children during certain hours – second offense 2

409. 122 (2) Person G Employment of children during certain hours – second offense 2 10/1/00

409. 122(2) Person E Employment of children during certain hours – third offense 10

409. 122 (2) Person E Employment of children during certain hours – third or subsequent offense 10 10/1/00

409. 122 (3) Person D Employment of children in child sexually abusive activity 20

MCL

777.14c

421. 54 (a) (ii) (B) Property H Unemployment comp fraud – failure to comply with act/rule $25,000-$100,000 2

421. 54 (a) (ii) (C) Property G Unemployment comp fraud – failure to comply with act/rule over $100,000 5

421. 54 (a) (iv) (B) Property H Unemployment comp fraud – willful violation of act/rule over $100,000 2

421. 54 (b) (ii) (B) Property H Unemployment comp fraud – false statement or misrepresentation over $25,000 2

421. 54 (b) (ii) (C) Property H Unemployment comp fraud – false statement or misrepresentation without actual loss 2

421. 54 (d) Property H Unemployment comp fraud – disclose confidential information for financial gain 1

421. 54 (m) Property H

Unemployment comp fraud – knowing false statement or representation or failure to dis-

close material fact $3,500 – $25,000

11/1/13

421. 54 a Property G Unemployment comp fraud – false statement as condition of employment 10

421. 54 b (1) (b) (i) Property H Unemployment comp fraud – conspiracy with loss of $25,000 or less 2

421. 54 b (1) (b) (ii) Property G Unemployment comp fraud – conspiracy with loss over $25,000 5

421. 54 b (1) (b) (iii) Property H Unemployment comp fraud – conspiracy with no actual loss 2

421. 54 c (1) (b) (ii) Property H Unemployment comp fraud – embezzlement of $25,000 to under $100,000 2

421. 54 c (1) (b) (iii) Property G Unemployment comp fraud – embezzlement of $100,000 or more 5

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

421. 54 c (1) (b) (iv) Property H Unemployment comp fraud – embezzlement with no actual loss 2

426. 106 Property E Marking of logs and timber – forging 5

Deleted, 2000 PA 279, Eff.

10/1/00

MCL

777.14d

431. 257 Pub trst G Horse racing – delivery of unclaimed winnings 2

As amended, 2016 PA 272,

Eff. 7/1/16

431. 307 (8) Pub trst G Horse racing – testifying falsely to commissioner while under oath 4

431. 317 (9) Pub trst E Horse racing – accepting wagers on live or simulcast horse races without a license 5 7/1/16

431. 330 (4) Pub trst G Horse racing – administering a drug that could affect racing condition 5

431. 330 (6) Pub trst G Horse racing – administering a drug that could affect racing condition 5

Renumbered, 2016 PA

272, Eff. 7/1/16

431. 332 Pub trst G Horse racing – influencing or attempting to influence result of race 5

432. 30 Property G Lottery – forgery of tickets 5

432. 151 (2) Pub trst G Bingo – false statements 2

Deleted, 2020 PA 14,

Eff. 1/27/20

432. 218 Pub ord D Casino gaming offenses 10

432. 313 Pub ord D Internet gaming offenses 10

Added, 2019 PA 151,

Eff. 12/20/19

432. 413 Pub ord D Sports betting offenses 10

Added, 2020 PA 14,

Eff. 1/27/20

432. 513 Pub ord E Fantasy contest offenses – third or subsequent violation 5

Added, 2020 PA 14,

Eff. 1/27/20

MCL 777.14f

436. 1701 (2) Person D Selling alcohol to a minor and causing death 10

436. 1909 (3) Pub ord H Liquor violation 1

436. 1909 (4) (a) Pub ord F Unauthorized sale, delivery, or importation of spirits – 80,000 ml or more 4 4/1/11

436. 1909 (5) (a) Pub ord F Unauthorized sale, delivery, or importation of beer or wine 4 10/10/17

436. 1919 Pub ord H Fraudulent documents, labels, or stamps 1

MCL

777.14g

438. 41 Property E Criminal usury 5

440. 9307 (4) Property G Farming – illegal sale of secured products 3

Replaced by 9320(8), 2000

PA 348, Eff. 7/1/01

440. 9320 (8) Property G Farming – illegal sale of secured products 3 7/1/01

440. 9501 Pub trst E Filing a false or fraudulent financing statement with the secretary of state 5 1/1/05

440. 9501a Pub trst E Filing false affidavit of fraudulent financing statement 5 12/29/08

442. 219 Pub trst E Sales – false statement 5

Reworded, 2008 PA 382,

Eff. 12/29/08

442. 219 Pub trst E False statement in application for license to conduct certain sales 5

As amended, 2008 PA 382,

Eff. 12/29/08

443. 50 Pub trst E Issuing warehouse receipt for goods not received 5

443. 52 Pub trst E Issuing duplicate warehouse receipt not so marked 5

444. 13 Pub trst H Warehousemen and warehouse receipts 2

444. 107 Pub trst E Warehouse certificates – willfully alter or destroy 5

MCL

777.14h

445. 33 (2) (b) Pub ord E Mail theft – second or subsequent offense 5

Added, 2019 PA 49, Eff.

12/16/19

445. 65 Pub ord E Identity theft 53/1/05

445. 65 Pub ord D Identity theft – second offense 10 4/1/11

445. 65 Pub ord C Identity theft – third or subsequent offense 15 4/1/11

445. 67 Pub ord E

Obtain/possess/sell/transfer personal identifying info/falsify police report - intent to com-

mit identity theft

3/1/05; reworded, 2010 PA

317, Eff. 4/1/11

445. 67 Pub ord E

Solicit/obtain/possess/sell/transfer personal identifying info/falsify police report - intent to

commit identity theft

As amended, 2010 PA 317,

Eff. 4/1/11

445. 67 Pub ord D

Obtain/possess/sell/transfer personal identifying info of another/falsify police report -

intent to commit identity theft – second offense

10 4/1/11

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

445. 67 Pub ord C

Obtain/possess/sell/transfer personal identifying info/falsify police report - intent to com-

mit identity theft – third or subsequent offense

15 4/1/11

445. 408 (2) Pub ord F Buying or selling stolen scrap metal 3 3/30/07

445. 408 (2) Pub ord E Buying or selling stolen scrap metal 5

As amended, 2008 PA 386,

Eff. 12/29/08

445. 408 (3) Pub ord E

Buying/selling stolen scrap metal from utility pole, telecom corp/govt/utility property or

jobsite

5 3/30/07

445. 408 (3) Pub ord E Buying/selling stolen scrap metal – second or subsequent offense 5

As amended, 2008 PA 386,

Eff. 12/29/08

445. 408 (3) Pub ord E Buying/selling stolen scrap metal – subsequent offense 5

As amended, 2010 PA 317,

Eff. 4/1/11

445. 433 (2) Pub ord E Knowingly buying or selling stolen nonferrous metal articles 5

As amended, 2008 PA 386,

Eff. 12/29/08

445. 487 (2) Pub ord H Precious metal and gem dealer failure to record material matter – subsequent offense 2

445. 488 (2) Pub ord H Precious metal and gem dealer violations – subsequent offense 2

445. 489 Pub ord H Precious metal and gem dealer violations 2

Reworded, 2010 PA 317,

Eff. 4/1/11

445. 489 Pub ord H

Precious metal and gem dealer failing to record transaction or falsifying transaction

record, or making improper purchase

As amended, 2010 PA 317,

Eff. 4/1/11

445. 490 Pub ord H Precious metal and gem dealer failure to obtain a certificate of registration 2

445. 574a (2) (d) Pub ord H Improper return of 10,000 or more nonrefundable containers 5 12/29/08

445. 574a (3) (d) Pub ord H Improper acceptance or delivery of 10,000 or more nonrefundable containers by dealer 5 12/29/08

445. 574a (4) (d) Pub ord H

Improper acceptance or delivery of 10,000 or more nonrefundable containers by distrib-

utor

512/29/08

445. 667 Pub ord G

Changing, altering, or modifying reverse vending machine or data for reverse vending

machine

212/29/08

445. 779 Pub ord H Antitrust violation 2

445. 1505 Pub trst G Franchise investment law – fraudulent filing/offers 7

Reworded, 2010 PA 317,

Eff. 4/1/11

445. 1505 Pub trst G Fraudulent filing, offer, or sale of franchise 7

As amended, 2010 PA 317,

Eff. 4/1/11

445. 1508 Pub trst G Franchise investment law – sale without proper disclosure 7

Reworded, 2010 PA 317,

Eff. 4/1/11

445. 1508 Pub trst G Sale of franchise without proper disclosure7

As amended, 2010 PA 317,

Eff. 4/1/11

445. 1513 Pub trst G Franchise investment law – illegal offers/sales 7

Reworded, 2010 PA 317,

Eff. 4/1/11

445. 1513 Pub trst G Illegal offer or sale of franchise 7

As amended, 2010 PA 317,

Eff. 4/1/11

445. 1520 Pub trst G Franchise investment law – keeping records 7

Reworded, 2010 PA 317,

Eff. 4/1/11

445. 1520 Pub trst G Failure to keep or maintain record of sale of franchise 7

As amended, 2010 PA 317,

Eff. 4/1/11

445. 1521 Pub trst G Franchise investment law – false representation 7

Reworded, 2010 PA 317,

Eff. 4/1/11

445. 1521 Pub trst G

False representation of departmental finding, recommendation, or approval of franchise

document

As amended, 2010 PA 317,

Eff. 4/1/11

445. 1523 Pub trst G Franchise investment law – false statements of material fact 7

Reworded, 2010 PA 317,

Eff. 4/1/11

445. 1523 Pub trst G False statement of material fact to department of attorney general regarding franchise 7

As amended, 2010 PA 317,

Eff. 4/1/11

445. 1525 Pub trst G Franchise investment law – false advertising 7

Reworded, 2010 PA 317,

Eff. 4/1/11

445. 1525 Pub trst G False advertising of franchise 7

As amended, 2010 PA 317,

Eff. 4/1/11

445. 1528 Pub trst D Pyramid/chain promotions – offer or sell 7

Deleted, 2018 PA 188, Eff

9/11/18

445. 1528 Pub trst D Offer or sale of franchise through pyramid or chain promotion 7

Deleted, 2018 PA 188, Eff.

9/11/18

445. 1671 Pub trst E Mortgage brokers, lenders – knowingly giving a false statement 15

Reworded, 2010 PA 317,

Eff. 4/1/11

445. 1671 Pub trst E False statement in required report by mortgage broker or lender 15

As amended, 2010 PA 317,

Eff. 4/1/11

445. 1679 Pub trst H Mortgage brokers act – general violations 3

Deleted, 2008 PA 65, Eff.

4/3/08

445. 2081 Pub ord E Purchasing or selling stolen plastic bulk merchandise containers 5 6/20/12

445. 2507 (2) Pub ord F Violation of unsolicited commercial e-mail protection act in furtherance of crime 4 9/30/03

445. 2583 Pub trst F Establish, promote, or operate a pyramid promotional scheme 7 9/11/18

MCL 777.14j

450. 775 Pub ord H Corporations – minority and woman owned businesses 2

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

450. 795 Pub ord H Corporations – handicapper business opportunity act 2

451. 319 Pub trst G Securities, real estate, and debt management – violation 2

451. 434 Pub trst H Debt management act – licensee violations 2

451. 501 Pub trst E Blue sky laws – fraudulent schemes/statements 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 502 Pub trst E Blue sky laws – investment advisor/agent fraud 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 503 Pub trst E Blue sky laws – make/sell false bullion/certificates 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 601 Pub trst E Blue sky laws – unregistered broker/dealer/agent/advisor 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 603 (h) Pub trst E Blue sky laws – fail to notify administrator of sanctions 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 604 (a) (1) (J) Pub trst E Blue sky laws – various violations 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 604 (a) (1) (K) Pub trst E Blue sky laws – various violations 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 604 (a) (1) (L) Pub trst E Blue sky laws – various violations 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 604 (a) (1) (M) Pub trst E Blue sky laws – various violations 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 604 (a) (1) (N) Pub trst E Blue sky laws – various violations 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 604 (a) (1) (O) Pub trst E Blue sky laws – various violations 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 604 (a) (1) (P) Pub trst E Blue sky laws – various violations 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 604 (a) (1) (Q) Pub trst E Blue sky laws – various violations 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 604 (a) (1) (R) Pub trst E Blue sky laws – various violations 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 604 (a) (1) (S) Pub trst E Blue sky laws – various violations 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 604 (a) (1) (V) Pub trst E Blue sky laws – various violations 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 604 (a) (1) (W) Pub trst E Blue sky laws – various violations 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 604 (a) (1) (X) Pub trst E Blue sky laws – various violations 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 604 (a) (1) (Y) Pub trst E Blue sky laws – various violations 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 604 (a) (1) (Z) Pub trst E Blue sky laws – various violations 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 701 Pub trst E Blue sky laws – offer/sell unregistered securities 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 802 Pub trst E Blue sky laws – unlawfully selling securities 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 804 Pub trst E Blue sky laws – willful false statements 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 805 (b) Pub trst E Blue sky laws – false representation of administrative approval 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 806 (b) Pub trst E Blue sky laws – improper disclosure by cor and sec bur employee 10

Deleted, 2008 PA 552, Eff.

1/16/09

451. 2508 Pub trst E Securities act violation 10 1/16/09

MCL

777.14m

462. 257 (1) Person A Trains – endangering travel LIFE

462. 353 (5) Pub saf F Operating a locomotive under the influence – third or subsequent offense 4

462. 353 (5) Pub saf E Operating a locomotive under the influence – third or subsequent offense 4 7/1/01

462. 353 (5) Pub saf E Operating a locomotive under the influence – third or subsequent offense 5 4/1/03

462. 353 (6) Person C Operating locomotive under the influence or while impaired causing death 15 4/1/03

462. 353 (7) Person E Operating locomotive under the influence or while impaired causing serious impairment 5 4/1/03

472. 21 Pub saf A

Causing derailment of streetcar/tram/trolley or endangering life of person working/travel-

ing by streetcar/tram/trolley

LIFE 1/12/09

472. 36 Pub saf A Street railways – obstruction of track LIFE

MCL

777.14p

482. 44 Property H Bills of lading – issuance for goods not received 5

482. 46 Property H Bills of lading – issuance of duplicate not so marked 5

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

482. 46 Property H Bills of lading – issuance of duplicate negotiable bill with intent to defraud 5

As amended, 2006 PA 251,

Eff. 7/3/06

482. 48 Property H Bills of lading – negotiation when goods not in carriers' possession 5

482. 49 Property H Bills of lading – inducing carrier to issue when goods have not been received 5

482. 50 Property H Bills of lading – issuance of non-negotiable bill not so marked 5

483. 226 Pub trst E Officer of a pipeline company – intent to defraud – stock 10

Deleted, 2006 PA 251, Eff.

7/3/06

487. 1042 (1) Pub trst E

Money transmission - intentional false statement/misrepresentation/certification in

record/document

57/3/06

487. 1042 (2) Pub trst E Criminal fraud in the conduct of money transmission services business 5 7/3/06

487. 1042 (3) Pub trst E Money transmission services act license violation 5 7/3/06

487. 1505 (6) Pub trst E BIDCO act – knowingly receiving money or property at an interest rate exceeding 25% 5

492. 137 (a) Pub trst H Installment sales of motor vehicles 3

493. 56 a (13) Pub trst C False statement in reports – secondary mortgage 15

493. 77 (2) Pub trst H Regulatory loans 3

493. 77 (2) Pub trst H Second mortgage loan act licensing violation 3

Deleted, 2008 PA 323, Eff.

12/18/08 Deleted, 2008

MCL

777.15a

500. 1325 (3) Pub trst E Insurance code – knowingly misrepresenting false financial condition 5

500. 1371 Pub trst H Holding companies – violation 2

500. 1505 (2) Pub trst C Insurance code – license and regulatory violations 15

500. 4511 (1) Pub trst F Insurance code – fraudulent insurance act 4

500. 4511 (2) Pub trst D Insurance fraud – agreement or conspiracy to commit 10

500. 5252 (4) Property G Insurance – improper personal interest in transactions 5

500. 7034 (2) Pub trst E Officer of a MEWA knowingly receive valuables for sale property or loan 10

500. 8197 (2) Pub trst C Insurance – knowing or willful false statements in application for insurance 15

500. 8197 (3) Property E Consolidation merger – compensation otherwise than expressed in contract 5

MCL

777.15b

551. 6 Person H Marriage license – mental or venereal disease 5

Deleted, 2001 PA 10, Eff.

5/29/01

551. 102 (2) Pub trst F Unauthorized disclosure of social security number – subsequent offense 4 10/1/00

554. 836 Property E Real and property – living care disclosure act 7

Reworded, 2010 PA 152,

Eff. 8/23/10

554. 836 Property E Living care disclosure act – violation 7

Deleted, 2014 PA 451, Eff.

1/2/15

554. 985 Property E Continuing care community disclosure act – knowing violation 7 1/2/15

565. 371 Property G Fraudulent conveyances – recording with intent to deceive 3

565. 827 Pub trst E Land sales act – false or fraudulent statement 10

Deleted, 2014 PA 451, Eff.

1/2/15

570. 152 Property G Contractor – fraudulent use of building contract fund 3

570. 1110 Property F Contractor – false sworn statements over $100 4

Deleted, 2001 PA 152, Eff.

1/1/02

570. 1110 (11) (c) Property E Contractor – false sworn statement involving $1,000 to $20,000 or with prior convictions 5

1/1/02; as amended, 2010

PA 152, Eff. 8/23/10

570. 1110 (c) Property E Contractor – false sworn statement involving $1,000 to $20,000 or with prior convictions 5

1/1/02; renumbered, 2010

PA 152, Eff. 8/23/10

570. 1110 (11) (d) Property D Contractor – false sworn statement involving $20,000 or more or with prior convictions 10

1/1/02; as amended, 2010

PA 152, Eff. 8/23/10

570. 1110 (d) Property D Contractor – false sworn statement involving $20,000 or more or with prior convictions 10

1/1/02; renumbered, 2010

PA 152, Eff. 8/23/10

570. 1207 Property G Construction liens – false information 4

Deleted, 2010 PA 152, Eff.

8/23/10

MCL

777.15d

600. 908 (8) Pub trst E Immunity to witness – committing perjury 15

600. 2136 Pub trst E Library record, book, paper – false certification in court 15

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

600. 2907 a Property G Recording documents affecting property without lawful cause 3

600. 2916 Pub saf G Revised judicature act – lethal gases for fumigation 4

600. 8713 Pub trst G Revised judicature act – false statement by authorized local officials 15

600. 8813 Pub trst E Law enforcement officer – knowingly making false statement in a citation 15

MCL 777.15f

710. 54 (11) Pub trst F Offer to give other consideration – adoption – subsequent violation 4

710. 55 (1) Pub trst F

Adoption – persons not authorized to place child or to advertise for, solicit, or recruit for

adoption – subsequent violation

As amended, 2016 PA 484,

Eff. 4/6/17

710. 69 Person F Michigan adoption law – subsequent offense 4

711. 1 (8) Pub trst E Intentional false statement in petition for name change 15

712A. 6 b (3) Pub ord G Violation of court order – subsequent conviction 2 10/1/00

MCL

777.15g

722. 115 e (2) (a) Pub saf G

Failure to report arraignment for criminal charges - child care centers, day care centers,

and employees

2 1/1/06

722 115 e (5) (a) Pub saf G

Failure to report arraignment for criminal charges - licensed child care organizations and

employees

Renumbered, 2017 PA

259, Eff. 3/28/18

722. 115 f (8) (a) Pub saf G

Failure to report arraignment for criminal charges - family day care and group day care

homes

2 1/1/06

722. 115 f (8) (a) Pub saf G

Failure to report arraignment on criminal charges - family child care / group child care

homes

Deleted, 2017 PA 259, Eff.

3/28/18

722. 115 i (2) (a) Pub saf G

Failure to report arraignment on criminal charges - foster family / foster family group

homes

211/28/07

722. 115 l (b) Pub ord F False report initiating special investigation Variable 6/1/08

722 115 l (4) (b) Pub ord F False report initiating high-risk special investigation Variable

Renumbered 2017 PA 259,

Eff. 3/28/18

722. 633 (5) (b) Person F Intentional false report of child abuse constituting a felony 4

722. 633 (5) (b) Person F Intentional false report of child abuse constituting a felony Variable

As amended, 2005 PA 106,

Eff. 9/14/05,

722. 675 Pub ord E Distributing obscene matter to children 2

722. 857 Person E Surrogate parenting act – contracts involving minors, mentally retarded, etc. 5

722. 857 Person E Surrogate parenting contracts involving minors or intellectually disabled 5

As amended, 2005 PA 106, Eff. 9/14/

05; 2005 PA 134, Eff. 1/1/06; 2014 PA

76, Eff. 3/28/14

722. 859 (3) Person E Surrogate parenting act – contracts for compensation 5

722. 859 (3) Person E Surrogate parenting contracts for compensation 5

As amended, 2005 PA 106, Eff. 9/14/

05, and 2005 PA 134, Eff. 1/1/06

MCL

777.16a

750. 11 Person A Taking a woman and compelling her to marry LIFE

Deleted, 2010 PA 97, Eff.

6/25/10

750. 12 Person H Taking a woman with intent to compel her to marry 10

Deleted, 2010 PA 97, Eff.

6/25/10

750. 13 Person D Enticing female under 16 for immoral purposes 10

750. 14 Person C Abortion resulting in death of female 15

750. 14 Person G Abortion 4

750. 16 (1) Person G Adulterate, misbrand, remove, or substitute a drug or medicine 2 10/12/04

750. 16 (2) Person F Adulterate, misbrand, remove, or substitute a drug or medicine causing personal injury 4 10/12/04

750. 16 (3) Person E

Adulterate/misbrand/remove/substitute a drug/medicine - serious impairment of body

function

510/12/04

750. 16 (4) Person C Adulterate, misbrand, remove, or substitute a drug or medicine resulting in death 15 10/12/04

750. 18 (3) Person G

Mix/color/stain/powder a drug/medicine with an ingredient/material affecting quality/

potency

210/12/04

750. 18 (4) Person F

Mix/color/stain/powder a drug/medicine w/ ingredient/material resulting in personal

injury

410/12/04

750. 18 (5) Person E Mix/color/stain/powder a drug/medicine resulting in serious impairment of body function 5 10/12/04

750. 18 (6) Person C Mix/color/stain/powder a drug/medicine w/ ingredient/material resulting in death 15 10/12/04

750. 30 Pub ord H Adultery 4

750. 32 Pub ord H Cohabitation of divorced parties 4

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL

777.16b

750. 43 a Pub saf E

Aiming a beam of directed energy emitted from a directed energy device at or into path

of aircraft or a moving train

58/7/17

750. 45 a (1) Pub saf F Using an unmanned aircraft in a manner that interferes with certain facilities 4 3/28/19

750. 45 a (2) Pub saf F

Flying over or causing an unmanned aircraft to hover over facility designated on federal

registry

43/28/19

750. 49 (2) (a) Pub ord F Fighting animals or providing facilities for animal fights 4

750. 49 (2) (b) Pub ord F Fighting animals or providing facilities for animal fights 4

750. 49 (2) (c) Pub ord F Fighting animals or providing facilities for animal fights 4

750. 49 (2) (d) Pub ord F Fighting animals or providing facilities for animal fights 4

750. 49 (2) (e) Pub ord F Organizing or promoting animal fights 4

750. 49 (2) (f) Pub ord H Attending animal fight 4

750. 49 (2) (g) Pub ord F Breeding or selling fighting animals 4

750. 49 (2) (h) Pub ord F Selling or possessing equipment for animal fights 4

750. 49 (8) Person A Inciting fighting animal resulting in death LIFE

750. 49 (9) Person F Inciting fighting animal to attack 4

750. 49 (10) Person D Fighting animal attacking without provocation and death resulting 15

750. 50 (4) Pub ord G Animal neglect or cruelty – second offense 2

Replaced, 2007 PA 151,

Eff. 4/1/08

750. 50 (4) (c) Pub ord G Animal neglect or cruelty involving 4 or more but fewer than 10 animals or with 1 prior 2 4/1/08

750. 50 (4) Pub ord F Animal neglect or cruelty – third or subsequent offense 4

Replaced, 2007 PA 151,

Eff. 4/1/08

750. 50 (4) (d) Pub ord F

Animal neglect or cruelty involving 10 or more animals or with 2 or more prior convic-

tions

4/1/08, amended, 2018 PA

652, Eff. 3/28/19

750. 50 (4) (d) Pub ord F

Animal neglect or cruelty involving 10 or more animals but fewer than 25 animals or with

2 prior convictions

As amended, 2018 PA 652,

Eff. 3/28/19

750. 50 (4) (e) Pub ord E

Animal neglect or cruelty involving 25 or more animals or with 3 or more prior convic-

tions

73/28/19

750. 50 (4) (f) Pub ord G

Animal neglect or cruelty by breeder or pet shop operator with 5 or more prior violations

of 1969 PA 287, MCL 287.331 to 287.340.

23/28/19

750. 50 b (2) Property F Killing or torturing animals 4

Replaced, 2008 PA 562,

Eff. 1/16/09

750. 50 b (3) Property F Killing or torturing animals 4

As amended, 2008 PA 562,

Eff. 1/16/09, Amended,

750. 50 b (3) Property D First degree killing or torturing animals 10

As amended, 2018 PA 652,

Eff. 3/28/19

750. 50 b (4) Property E Second degree killing or torturing animals 73/28/19

750. 50 b (5) Property F Third degree killing or torturing animals 4 3/28/19

750. 50 c (5) Pub ord E Killing or causing serious physical harm to law enforcement animal 5

750. 50 c (5) Pub ord E

Killing or causing serious physical harm to law enforcement animal or search and res-

cue dog

As amended, 2006 PA 518,

Eff. 12/29/06

750. 50 c (7) Pub saf H Harassing or causing harm to law enforcement animal while committing crime 2

750. 50 c (7) Pub saf H

Harassing/harming law enforcement animal or search and rescue dog while committing

crime

As amended, 2006 PA 518,

Eff. 12/29/06

750. 68 Property G Changing brands with intent to steal 4

MCL

777.16c

750. 72 Person B Arson of dwelling house 20

750. 72 Person A First degree arson LIFE

As amended, 2013 PA 124,

Eff. 10/1/13

750. 73 Property D Arson of real property 10

750. 73 Person B Second degree arson 20

As amended, 2013 PA 124,

Eff. 10/1/13

750. 74 Person F Arson of personal property greater than $50 4

750. 74 Person E Arson of personal property having a value of $1,000 to $20,000 or with prior convictions 5 10/1/00

750. 74 Property D Third degree arson 10

As amended, 2013 PA 124,

Eff. 10/1/13

750. 74 (1) (d) Person D Arson of personal property of $20,000 or more or with prior convictions 10

Deleted, 2012 PA 534, Eff.

4/3/13

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

750. 75 Property E Fourth degree arson 5

As amended, 2013 PA 124,

Eff. 10/1/13

750. 76 (3) (a) Person A Arson of insured dwelling LIFE

As amended, 2013 PA 124,

Eff. 10/1/13

750. 76 (3) (b) Property B Arson of insured building or structure 20 4/3/13

750. 76 (3) (c) Property D Arson of insured personal property 10 4/3/13

750. 77 Person F Preparing to burn personal property greater than $50 4

750. 77 (1) (c) Person E

Preparing to burn personal property having value of $1,000 to $20,000 or w/ prior con-

victions

Deleted, 2012 PA 534, Eff.

4/3/13

750. 77 (1) (d) Person D Preparing to burn personal property of $20,000 or more or with prior convictions 10

Deleted, 2012 PA 534, Eff.

4/3/13

750. 78 Pub saf F Arson of woods and prairies 4

Deleted, 2012 PA 534, Eff.

4/3/13

750. 79 Pub saf F Violating township rules concerning clearing of land and burning 4

Deleted, 2012 PA 534, Eff.

4/3/13

750. 79 (1) (c) Property E

Preparing to burn with intent to commit arson of $1,000 or more but less than $20,000,

or with prior conviction

As amended, 2014 PA 112,

Eff. 7/9/14

750. 79 (1) (d) Property D

Preparing to burn with intent to commit arson of $20,000, or more, or with 2 or more

prior convictions, or with intent to commit insurance fraud, or causing injury

As amended, 2014 PA 112,

Eff. 7/9/14

750. 79 (1) (e) Property C

Preparing to burn with intent to commit arson of dwelling or to commit insurance fraud,

or causing injury

As amended, 2014 PA 112,

Eff. 7/9/14

MCL

777.16d

750. 81 (4) Person G Domestic assault – third offense 2

750. 81 (4) Person G Domestic assault with prior convictions 2 10/1/00

750. 81 (4) Person E Domestic assault with prior convictions 5

As amended, 2012 PA 365,

Eff. 4/1/13

750. 81 (5) Person E Domestic assault or assault of a pregnant individual with prior convictions 5

As amended, 2016 PA 88,

Eff. 7/25/16

750. 81 a (3) Person G Aggravated domestic assault – second offense 2

750. 81 a (3) Person G Aggravated domestic assault with prior convictions 2 10/1/00

750. 81 a (3) Person E Aggravated domestic assault with prior convictions 5

As amended, 2012 PA 365,

Eff. 4/1/13

750. 81 c (2) Person G Assault and battery of an FIA employee 2

9/1/01; no longer listed in

MCL 777.16d

750. 81 c (3) Person E Assault and battery of an FIA employee causing serious impairment 5

9/1/01; no longer listed in

MCL 777.16d

750. 81 d (1) Person G Assaulting, resisting, or obstructing certain persons 2 7/15/02

750. 81 d (2) Person F Assaulting, resisting, or obstructing certain persons causing injury 4 7/15/02

750. 81 d (3) Person C Assaulting, resisting, or obstructing certain persons causing serious impairment 15 7/15/02

750. 81 d (4) Person B Assaulting, resisting, or obstructing certain persons causing death 20 7/15/02

750 81 e (2) Person G Assault on utility worker causing bodily injury requiring medical attention 2 7/21/10

750 81 e (3) Person E Assault on utility worker causing serious impairment of a body function 5 7/21/10

750. 82 (1) Person F Felonious assault 4

750. 82 (2) Person F Felonious assault – weapon-free school zone 4

750. 83 Person A Assault with intent to murder LIFE

750. 84 Person D Assault with intent to do great bodily harm less than murder 10

750. 84 (1) (a) Person D Assault with intent to do great bodily harm less than murder 10

As amended, 2012 PA 365,

Eff. 4/1/13

750. 84 (1) (b) Person D Assault by strangulation or suffocation 10 4/1/13

750. 85 Person A Torture LIFE 3/1/06

750. 86 Person D Assault with intent to maim 10

750. 87 Person D Assault with intent to commit a felony 10

750. 88 Person C Assault with intent to commit unarmed robbery 15

750. 89 Person A Assault with intent to commit armed robbery LIFE

750. 90 Person D Sexual intercourse under pretext of medical treatment 10

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

750. 90 a Person A

Assault against a pregnant individual causing miscarriage/stillbirth with intent or reck-

lessness

LIFE 10/1/00

750. 90 a Person A

Assault against a pregnant person causing miscarriage/stillbirth/death to embryo/fetus

w/ intent or recklessness

LIFE 6/1/01

750. 90 b (a) Person C Assault against a pregnant individual resulting in miscarriage or stillbirth 15 10/1/00

750. 90 b (a) Person C

Assault against a pregnant individual resulting in miscarriage/stillbirth/death to embryo

or fetus

15 6/1/01

750. 90 b (b) Person D Assault against a pregnant individual resulting in great bodily harm to embryo or fetus 10 10/1/00

750. 90 c (a) Person C Gross negligence against a pregnant individual resulting in miscarriage or stillbirth 15 10/1/00

750. 90 c (a) Person C

Gross negligence against a pregnant individual resulting in miscarriage/stillbirth/death to

embryo or fetus

15 6/1/01

750. 90 c (b) Person E

Gross negligence against a pregnant individual resulting in great bodily harm to embryo

or fetus

5 10/1/00

750. 90 d (a) Person C OUIL causing miscarriage or stillbirth 15 10/1/00

750. 90 d (a) Person C

Operating under the influence/impaired causing miscarriage/stillbirth/death to embryo or

fetus

15 6/1/01

750. 90 d (b) Person E

Operating under the influence/impaired causing serious or aggravated injury to embryo/

fetus

5 10/1/00

750. 90 e Person G Careless or reckless driving causing miscarriage or stillbirth 2 10/1/00

750. 90 e Person G Careless or reckless driving causing miscarriage, stillbirth, or death to embryo or fetus 2 6/1/01

750. 90 g (3) Person A Performance of procedure on live infant with intent to cause death LIFE 3/10/00

750. 90 h Person G Performing or assisting in performance of partial-birth abortion 2 1/1/12

750. 91 Person A Attempted murder LIFE

MCL

777.16e

750. 93 Property G Removing or destroying bonds in state treasury 10

750. 94 Property G Issuing bank notes without complying with requirements 10

750. 95 Property G Fraudulent bank notes 10

750. 96 Property G Fraudulent disposal of bank property 4

750. 97 Property H Statements derogatory to financial condition of bank 4

Deleted, 2015 PA 213, Eff.

3/14/16

750. 98 Pub ord G Private banking 4

750. 99 Pub trst G Certifying checks without sufficient funds 4

750. 100 Pub trst E Banks – conducting business when insolvent 5

750. 101 Pub trst E Violating financial institutions act 5

750. 104 Property F Fitting boat with intent to destroy 4

750. 105 Property G Making false cargo invoice for boat 4

750. 106 Property G Boats – making or procuring false protest 4

Deleted by 2018 PA 285,

Eff. 9/27/18

MCL 777.16f

750. 110 Property D Breaking and entering with intent to commit felony or larceny 10

750. 110 a (2) Person B Home invasion – first degree 20 10/1/00

750. 110 a (3) Person C Home invasion – second degree 15 10/1/00

750. 110 a (4) Person B Home invasion – first degree 20

750. 110 a (4) Person E Home invasion – third degree 5 10/1/00

750. 110 a (5) Person C Home invasion – second degree 15

750. 111 Property E Entering without breaking with intent to commit felony or larceny 5

750. 112 Person A Burglary with explosives LIFE

750. 116 Property E Possession of burglar's tools 10

750. 117 Pub trst F Bribing a public officer 4

750. 118 Pub trst D Public officer accepting bribe 10

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

750. 119 Pub trst F Bribing a juror or other person 4

Substituted for by

750.119(1)(a)

750. 119 (1) (a) Pub trst F Bribing a juror or other person 4 3/28/01

750. 119 (1) (b) Pub trst D Bribing a juror or other person in case punishable by more than 10 years 10 3/28/01

750. 120 Pub trst F Juror or other person accepting a bribe 4

750. 120 a (2) (a) Pub ord F Juror intimidation 43/28/01

750. 120 a (2) (b) Pub ord D Juror intimidation in case punishable by more than 10 years 10 3/28/01

750. 120 a (2) (c) Person C Juror intimidation by committing crime or threatening to kill or injure 15 3/28/01

750. 120 a (4) Person D Retaliating against juror 10 3/28/01

750. 121 Pub trst F Bribing a public officer to influence contract 4

750. 122 (7) (a) Pub ord F Bribing or intimidating witness 4 3/28/01

750. 122 (7) (b) Pub ord D Bribing or intimidating witness in case punishable by more than 10 years 10 3/28/01

750. 122 (7) (c) Person C Intimidating witness by committing crime or threatening to kill or injure 15 3/28/01

750. 122 (8) Person D Retaliating against witness 10 3/28/01

750. 124 Pub trst G Bribing an athlete 4

750. 128 Pub ord H Bucket shop violation 2

750. 131 (3) (a) (iv) Property H NSF checks – $50 or less – fourth offense 13 mos.

750. 131 (3) (b) (ii) Property H NSF checks – $50 to $200 – third offense 13 mos.

750. 131 (3) (b) (ii) Property G NSF checks – $100 to $500 – third or subsequent offense 2 10/1/00

750. 131 (3) (c) Property H NSF checks – over $200 13 mos.

750. 131 (3) (c) Property G NSF checks – $500 or more 2 10/1/00

750. 131 a (1) Property H No account checks 2

750. 131 a (2) Property H NSF checks – 3 or more within 10 days 2

MCL

777.16g

750. 135 Person D Exposing children with intent to injure or abandon 10

750. 135 a (2) (c) Person D Leaving child unattended in vehicle resulting in serious physical harm 10 4/1/09

750. 135 a (2) (d) Person B Leaving child unattended in vehicle resulting in death 15 4/1/09

750. 136 Person B Female genital mutilation violation 15 10/9/17

750. 136 a Person B Transporting person for purpose of female genital mutilation 15 10/9/17

750. 136 b (2) Person C Child abuse – first degree 15

750. 136 b (2) Person B Child abuse – first degree 15 10/1/00

750. 136 b (2) Person A First degree child abuse LIFE

As amended, 2012 PA 195,

Eff. 7/1/12

750. 136 b (4) Person F Child abuse – second degree 4

750. 136 b (4) (a) Person C Second degree child abuse – first offense 10 7/1/12

750. 136 b (4) (b) Person B Second degree child abuse – with prior conviction 20

As amended, 2020 PA 50,

Eff. 6/1/20

750. 136 b (5) Person G Child abuse – third degree 2

Renumbered, 2008 PA

521, Eff. 4/1/09

750. 136 b (6) (a) Person G Third degree child abuse – first offense2

As amended, 2020 PA 50,

Eff. 6/1/20

750. 136 b (6) (b) Person E Third degree child abuse – with prior conviction 5

Added, 2020 PA 50,

Eff. 6/1/20

750. 136 b (8) (b) Person G Fourth degree child abuse – with prior conviction 2

Added, 2020 PA 50,

Eff. 6/1/20

750. 136 c Person B Buying or selling an individual 20 10/1/00

750. 136 d (1) (a) Person A First degree child abuse in presence of another child LIFE 7/1/12

750. 136 d (1) (b) Person D Second degree child abuse in presence of another child – first offense 10 7/1/12

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

750. 136 d (1) (c) Person B

Second degree child abuse in presence of another child – second or subsequent

offense

20 7/1/12

750. 136 d (1) (d) Person G Third degree child abuse in presence of another child 2 7/1/12

750. 145 a Person F Soliciting child to commit an immoral act 4 6/1/02

750. 145 b Person F Accosting children for immoral purposes – subsequent offense 4

750. 145 b Person D Accosting children for immoral purposes with prior conviction 10 6/1/02

750. 145 c (2) (a) Person B Producing child sexually abusive activity or material 20

Relettered, 2018 PA 374,

Eff. 3/17/19

750. 145 c (2) (b) Person B Aggravated producing child sexually abusive activity or material 25

Added, 2018 PA 374, Eff.

3/17/19

750. 145 c (3) (a) Person D

Distributing, promoting, or financing the distribution of child sexually abusive activity or

material

Relettered, 2018 PA 374,

Eff. 3/17/19

750. 145 c (3) (b) Person C

Aggravated distributing, promoting, or financing the distribution of child sexually abusive

activity or material

Added, 2018 PA 374, Eff.

3/17/19

750. 145 c (4) (a) Person F Possessing child sexually abusive material 4

Relettered, 2018 PA 374,

Eff. 3/17/19

750. 145 c (4) (b) Person B Aggravated possession of child sexually abusive material 10

Added, 2018 PA 374, Eff.

3/17/19

750. 145 d (2) Person G Using internet or computer for certain crimes 2 8/1/99

750. 145 d (2) (b) Variable G

Using internet/computer for crime punishable by max term at least 1 yr but less than 2

yrs

2 10/1/00

750. 145 d (2) (c) Variable F

Using internet/computer for crime punishable by max term at least 2 yrs but less than 4

yrs

4 10/1/00

750. 145 d (2) (d) Variable D

Using internet/computer for crime punishable by max term at least 4 yrs but less than 10

yrs

10 10/1/00

750. 145 d (2) (e) Variable C

Using internet/computer for crime punishable by max term at least 10 yrs but less than

15 yrs

15 10/1/00

750. 145 d (2) (f) Variable B

Using internet/computer to commit crime punishable by max term of at least 15 yrs or for

life

20 10/1/00

750. 145 d (3) Person E Using internet or computer for certain crimes or second or subsequent offense 5 8/1/99

750. 145 n (1) Person C First degree vulnerable adult abuse 15

As amended, 2012 PA 195,

Eff. 7/1/12

750. 145 n (2) Person F Second degree vulnerable adult abuse 4

As amended, 2012 PA 195,

Eff. 7/1/12

750. 145 n (3) Person G Third degree vulnerable adult abuse 2

As amended, 2012 PA 195,

Eff. 7/1/12

750. 145 o Person E Death of vulnerable adult caused by unlicensed caretaker 5

750. 145 p (1) Person G

Commingling funds of, obstructing investigation regarding, or filing false information

regarding, vulnerable adult

As amended, 2012 PA 195,

Eff. 7/1/12

750. 145 p (2) Person G Retaliation or discrimination by caregiver against vulnerable adult 2

750. 145 p (5) Person E Caregiver or licensee violation against vulnerable adult – second or subsequent offense 5

As amended, 2012 PA 195,

Eff. 7/1/12

750. 147 b Person G Ethnic intimidation 2

MCL

777.16h

750. 149 Pub saf F Concealing an offense punishable by life 4

MCL 777.18

750. 157 a (a) Pub saf

SPEC

Conspiracy Variable

MCL

777.16h

750. 157 a (b) Pub ord H Conspiracy – gambling 5

750. 157 a (d) Pub ord G Conspiracy to commit legal act in illegal manner 5

750. 157 b (2) Person A Solicitation of murder LIFE

750. 157 b (3) (a) Pub ord E Solicitation of felony punishable by life or 5 or more years 5

750. 157 b (3) (b) Pub ord G Solicitation of felony punishable by less than 5 years 2

MCL 777.18

750. 157 c Person

SPEC

Inducing minor to commit a felony Variable

MCL

777.16h

750. 157 n (1) Property H Financial transaction device – stealing, retaining, or using without consent 4

750. 157 n (2) Property H Possessing fraudulent or altered financial transaction device 4

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

750. 157 p Property H Possessing financial transaction device without permission and with intent to use or sell 4

750. 157 q Property H Delivery or sale of fraudulent financial transaction device 4

750. 157 r Property H Financial transaction device – forgery, alteration, or counterfeiting 4

750. 157 s Property H Financial transaction device – use of revoked or canceled financial device over $100 1

750. 157 s (1) (b) (ii) Property H Using revoked/canceled financial transaction device involving $100 to $500 w/ priors 2 10/1/00

750. 157 s (1) (c) Property H Use of revoked or canceled financial transaction device involving $500 or more 2 10/1/00

750. 157 t Property H

Furnishing goods or services to person committing violation with financial transaction

device

750. 157 u Property H Overcharging person using financial transaction device 4

750. 157 v Property H False statement of identity to obtain financial transaction device 4

750. 157 w Property H

Fraudulently withdrawing or transferring more than $500 with financial transaction

device

750. 157 w (1) (c) Property E

Fraudulently withdrawing or transferring $1,000 to $20,000 with financial transaction

device

5 10/1/00

750. 157 w (1) (d) Property D

Fraudulently withdrawing or transferring $20,000 or more with financial transaction

device

10 10/1/00

MCL 777.16i

750. 158 Pub ord E Sodomy 15

750. 159 j Pub saf B Racketeering 20

750. 160 Pub ord D Disinterring or mutilating dead human bodies 10

750. 160 Pub ord D Disinterring or mutilating dead human body 10 4/1/04

750. 160 a Pub ord H Photographing dead human bodies 2

750. 160 a Pub ord H Photographing dead human body 2 4/1/04

750. 160 c Pub ord D Improper disposal of dead human body after more than 180 days 10 4/1/04

750. 161 Pub ord G Desertion, abandonment, or nonsupport 3

As amended, 2012 PA 6,

Eff. 2/14/12

750. 164 Pub ord F Desertion to escape prosecution 4

750. 165 Pub ord F Failing to pay support and leaving state 4

750. 165 Pub ord F Failing to pay support 4

As amended, 2000 PA 279,

eff. 10/1/00

750. 168 (2) (a) Pub ord G Disorderly conduct at a funeral memorial service, viewing, procession, or burial 2

As amended, 2012 PA 6,

Eff. 2/14/12

750. 168 (2) (b) Pub ord F

Disorderly conduct at a funeral memorial service, viewing, procession, or burial - subse-

quent offense

As amended, 2012 PA 6,

Eff. 2/14/12

750. 171 Person E Dueling 10

Deleted, 2010 PA 95, eff. 6/

22/10

750. 174 Property D Embezzlement by agent over $100 10

750. 174 (4) Property E Embezzlement by agent of $1,000 to $20,000 [or] with prior convictions 5 10/1/00

750. 174 (4) Property E

Embezzlement by agent of $1,000 to $20,000, or with prior convictions, or of $200 to

$1,000 from nonprofit corporation or charitable organization

As amended, 2012 PA 168,

Eff. 6/19/12

750. 174 (5) Property D Embezzlement by agent of $20,000 or more or $1,000 to $20,000 with prior convictions 10 10/1/00

750. 174 (5) Property D

Embezzlement by agent of $20,000 to $50,000, or with prior convictions, or of $1,000 to

$20,000 from nonprofit corporation or charitable organization

As amended, 2012 PA 168,

Eff. 6/19/12

750. 174 (6) Property C Embezzlement by agent of $50,000 to $100,00015

As amended, 2012 PA 6,

Eff. 2/14/12

750. 174 (7) Property B Embezzlement by agent of $100,000 or more 20 3/30/07

750. 174 a (4) Property E Embezzlement from vulnerable adult of $1,000 to $20,000 or with prior convictions 5

As amended, 2012 PA 6,

Eff. 2/14/12

750. 174 a (5) Property D Embezzlement from vulnerable adult of $20,000 or more or with prior convictions 10

As amended, 2012 PA 6,

Eff. 2/14/12

750. 174 a (5) Property D Embezzlement from vulnerable adult of $20,000 to $50,000 or with prior convictions 10

As amended, 2012 PA 168,

Eff. 6/19/12

750. 174 a (6) Property C Embezzlement from vulnerable adult of $50,000 to $100,000 or with prior convictions 15 6/19/12

750. 174 a (7) Property B Embezzlement from vulnerable adult of $100,000 or more or with prior convictions 20 6/19/12

750. 175 Pub trst D Embezzlement by public officer of more than $50 10

As amended, 2012 PA 168,

Eff. 6/19/12

750. 176 Pub trst E Embezzlement by administrator, executor, or guardian 10

As amended, 2012 PA 6,

Eff. 2/14/12

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

750. 177 Property H Embezzlement by chattel mortgagor over $100 2

750. 177 (2) Property D Embezzlement by chattel mortgagor of $20,000 or more or with prior convictions 10

As amended, 2012 PA 6,

Eff. 2/14/12

750. 177 (3) Property E Embezzlement by chattel mortgagor of $1,000 to $20,000 or with prior convictions 5 10/1/00

750. 178 Property G Embezzlement of mortgaged or leased property – over $100 2

750. 178 (2) Property D Embezzling mortgaged or leased property of $20,000 or with prior convictions 10

As amended, 2012 PA 168,

Eff. 6/19/12

750. 178 (3) Property E Embezzling mortgaged or leased property of $1,000 to $20,000 or with prior convictions 5

As amended, 2012 PA 6,

Eff. 2/14/12

750. 179 Property G Embezzlement of railroad tickets 4

Deleted, 2002 PA 278, Eff.

5/9/02

750. 180 Property D Embezzlement by financial institution 20

As amended, 2012 PA 6,

Eff. 2/14/12

750. 181 Property E Embezzlement of jointly held property over $100 10

750. 181 (4) Property E Embezzling jointly held property with value of $1,000 to $20,000 or with prior convictions 5 10/1/00

750. 181 (5) Property D Embezzling jointly held property with value of $20,000 or more or with prior convictions 10

As amended, 2012 PA 6,

Eff. 2/14/12

750. 182 Property G Embezzlement by warehouses 4

750. 182 a Pub trst H Falsifying school records 2

MCL 777.16j

750. 183 Pub saf E Aiding escaping prisoner 7

750. 186 a (1) Pub saf F Escape from a juvenile facility 4

MCL 777.18

750. 188 Pub ord

SPEC

Voluntarily suffering prisoner to escape Variable

MCL 777.16j

750. 189 Pub saf H Officer negligently allowing prisoner to escape or refusing to receive prisoner 2

750. 190 Pub saf G Officer receiving a reward to assist or permit escape 2

750. 193 Pub saf E Escape from prison 5

750. 195 (1) Pub saf H Escape from a misdemeanor jail sentence 2

750. 195 (2) Pub saf F Escape from a felony jail sentence 4

750. 197 (1) Pub saf H Escape while awaiting trial for misdemeanor 2

750. 197 (2) Pub saf F Escape while awaiting trial for felony 4

750. 197 c Pub saf F Escape from jail through violence 4

Eff. until 12/29/06, 2006 PA

536

750. 197 c Pub saf E Escape from jail through violence 5

As amended, 2006 PA 536,

Eff. 12/29/06

750. 199 (3) Pub saf F Harboring a person for whom felony warrant has been issued 4 6/30/06

750. 199 a Pub ord F Absconding on or forfeiting bond 4

MCL

777.16k

750. 200 Pub saf F Explosives – transport by common carriers 4

750. 200 Pub saf E Transporting an explosive by common carrier 5 10/1/00

750. 200 i (2) (a) Pub saf C Manufacturing or using a harmful device 15 10/1/00

750. 200 i (2) (b) Property B Harmful device causing property damage 20 10/1/00

750. 200 i (2) (c) Person A Harmful device causing personal injury 25 10/1/00

750. 200 i (2) (d) Person A Harmful device causing serious impairment LIFE 10/1/00

750. 200 j (2) (a) Person E Irritant or irritant device 5 10/23/01

750. 200 j (2) (b) Property F Irritant or irritant device causing property damage 4 10/1/00

750. 200 j (2) (b) Property E Irritant or irritant device causing property damage 7 10/23/01

750. 200 j (2) (c) Person D Irritant or irritant device causing personal injury 10 10/1/00

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

750. 200 j (2) (d) Person A Irritant or irritant device causing serious impairment 25 10/1/00

750. 200 j (2) (e) Person A Irritant or irritant device causing death LIFE 10/1/00

750. 200 l Person E Falsely exposing person to harmful substance or device 5 10/23/01

750. 201 Pub saf F Transportation of concussion or friction type explosives 4

750. 201 Pub saf E Transporting certain types of explosives 5 10/1/00

750. 202 Pub saf F Shipping an explosive with false markings or invoice 4

750. 204 Pub saf E Sending explosives with intent to injure persons 5

750. 204 (2) (a) Pub saf C Sending an explosive with malicious intent 15 10/1/00

750. 204 (2) (b) Property B Sending an explosive causing property damage 20 10/1/00

750. 204 (2) (c) Person A Sending an explosive causing physical injury 25 10/1/00

750. 204 (2) (d) Person A Sending an explosive causing serious impairment LIFE 10/1/00

750. 204 a Pub saf F Sending or transporting imitation explosive device with malicious intent 4

750. 204 a Pub saf E Sending or transporting an imitation explosive device with malicious intent 5 10/1/00

750 204 b Pub saf G

Importing, manufacturing, distributing, or storing explosives in violation of certain federal

laws and regulations

25/22/18

750. 205 Pub saf C Placing explosives with the intent to destroy property 15

750. 205 a Pub saf F Intimidation or harassment by device represented as an explosive 4

750. 206 Person B Placing explosives with damage to property resulting 25

750. 207 (2) (a) Pub saf C Placing an explosive with malicious intent 15 10/1/00

750. 207 (2) (b) Property B Placing an explosive causing property damage 20 10/1/00

750. 207 (2) (c) Person A Placing an explosive causing physical injury 25 10/1/00

750. 207 (2) (d) Person A Placing an explosive causing serious impairment LIFE 10/1/00

750. 208 Pub saf C Aiding or abetting explosives placement with intent to destroy property 15

750. 209 Pub saf C Placing foul or offensive substance to injure 15

750. 209 Pub saf F Placing foul or offensive substance to alarm 4

750. 209 (1) (a) Pub saf C Placing an offensive or injurious substance with intent to injure 15 10/1/00

750. 209 (1) (b) Property B Placing an offensive or injurious substance causing property damage 20 10/1/00

750. 209 (1) (c) Person A Placing an offensive or injurious substance causing physical injury 25 10/1/00

750. 209 (1) (d) Person A Placing an offensive or injurious substance causing serious impairment LIFE 10/1/00

750. 209 (2) Pub saf E Placing an offensive or injurious substance with intent to alarm or annoy 5 10/1/00

750. 209 a Pub saf D Possessing an explosive device in public place 10 10/1/00

750. 210 Pub saf E Possession of bombs with unlawful intent 5

750. 210 (2) (a) Pub saf C Possessing or carrying an explosive or combustible substance with malicious intent 15 10/1/00

750. 210 (2) (b) Property B

Possessing or carrying an explosive or combustible substance causing property dam-

age

20 10/1/00

750. 210 (2) (c) Person A Possessing or carrying an explosive or combustible substance causing physical injury 25 10/1/00

750. 210 (2) (d) Person A

Possessing or carrying an explosive or combustible substance causing serious impair-

ment

LIFE 10/1/00

750. 210 a Pub saf H Sale of valerium 5

750. 211 Pub saf E Manufacture of explosives with unlawful intent 5

750. 211 a Pub saf F Possessing or manufacturing device designed to explode upon impact or heating 4

750. 211 a (2) (a) Pub saf F

Manufacturing/possessing a Molotov cocktail/similar device designed to explode on

impact

44/1/05

750. 211 a (2) (a) Pub saf C Manufacturing or possessing an explosive or incendiary device with malicious intent 15 Eff. 10/1/00 to 4/1/05

750. 211 a (2) (b) Pub saf C Manufacturing or possessing an explosive or incendiary device with malicious intent 15

Relettered, 2004 PA 524,

Eff. 4/1/05

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

750. 211 a (2) (b) Property B

Manufacturing or possessing an explosive or incendiary device causing property dam-

age

20 Eff. 10/1/00 to 4/1/05

750. 211 a (2) (c) Property B

Manufacturing or possessing an explosive or incendiary device causing property dam-

age

Relettered, 2004 PA 524,

Eff. 4/1/05

750. 211 a (2) (c) Person A Manufacturing or possessing an explosive or incendiary device causing physical injury 25 Eff. 10/1/00 to 4/1/05

750. 211 a (2) (d) Person A Manufacturing or possessing an explosive or incendiary device causing physical injury 25

Relettered, 2004 PA 524,

Eff. 4/1/05

750. 211 a (2) (d) Person A

Manufacturing or possessing an explosive or incendiary device causing serious impair-

ment

LIFE Eff. 10/1/00 to 4/1/05

750. 211 a (2) (e) Person A

Manufacturing or possessing an explosive or incendiary device causing serious impair-

ment

LIFE

Relettered, 2004 PA 524,

Eff. 4/1/05

750. 212 a Person B Explosives violation involving a vulnerable target causing death or injury 20 10/1/00

MCL 777.16l

(1)

750. 213 Person B Threats to extort money 20

750. 213 a (3) (a) Person

Vari-

able

Coercing female to have an abortion against her will Variable 9/7/16

750. 215 (3) Pub saf F Impersonating peace officer 4 9/1/03

750. 217 b Pub saf G Impersonating public utility employee 2

750. 217 c (3) Pub ord H Impersonating public officer or employee 2 10/1/00

750. 217 c (3) Pub ord H Impersonating public officer or employee – subsequent conviction 2

As amended, 2011 PA 202,

Eff. 1/1/12

750. 217 c (4) Pub ord G Impersonating public officer or employee – third or subsequent conviction 4 10/1/00

750. 217 d Pub saf C False representation or practice as health professional 15 10/1/00

750. 217 e Pub ord G Impersonating an FIA employee 2 9/1/01

750. 217 e Pub ord G Impersonating a DHS employee 2

As amended, 2005 PA 171,

Eff. 1/1/06

750. 217 f Pub saf G Impersonating a firefighter or emergency medical service personnel 2 1/1/06

750. 218 Property E False pretenses over $100 10

750. 218 (4) Property E False pretenses involving $1,000 to $20,000 or with prior convictions 5 10/1/00

750. 218 (4) Property E

False pretenses involving $1,000 or more but less than $20,000 or $200 or more but

less than $1,000 with prior convictions

As amended, 2011 PA 202,

Eff. 1/1/12

750. 218 (5) Property D False pretenses involving $20,000 or more or $1,000 to $20,000 with prior convictions 10 10/1/00

750. 218 (5) Property C

False pretenses involving $20,000 or more but less than $50,000 or $1,000 or more but

less than $20,000 with prior convictions

As amended, 2011 PA 202,

Eff. 1/1/12

750. 218 (6) Property C

False pretenses involving a value of $50,000 or more but less than $100,000 or $20,000

or more but less than $50,000 with prior convictions

15 1/1/12

750. 218 (7) Property B

False pretenses involving a value of $100,000 or more or $50,000 or more but less than

$100,000 with prior convictions

20 1/1/12

750. 219 a (2) (c) Property E Telecommunications fraud – 2 prior convictions or value between $1,000-$20,000 5

750. 219 a (2) (c) Property E Telecommunications fraud - 1 or more prior convictions or value of $1,000 to $20,000 5 10/1/00

750. 219 a (2) (d) Property D Telecommunications fraud – 3 or more prior convictions or value over $20,000 10

750. 219 a (2) (d) Property D Telecommunications fraud - 2 or more prior convictions or value of $20,000 or more 10 10/1/00

750. 219 d (4) (a) Pub ord C Residential mortgage fraud violation involving loan value of $100,000 or less 15 1/1/12

750. 219 d (4) (b) Pub ord B Residential mortgage fraud violation involving loan value of more than $100,000 20 1/1/12

750. 219 e Property F

Receive/possess/prepare/submit or receive/possess proceeds from unauthorized credit

app

4 3/10/00

750. 219 e Property F

Receive/possess/prepare/submit unauthorized credit application or receive/possess

proceeds

49/1/01

750. 219 f Property F

Receive/possess w/ intent to forward/forwarding unauthorized credit application/pro-

ceeds

4 3/10/00

750. 219 f Property F

Receive/possess w/ intent to forward/forwarding unauthorized credit application or pro-

ceeds

49/1/01

MCL

777.16m

750. 223 (2) Pub saf F Sale of firearm to minor – subsequent offense 4

750. 223 (3) Pub ord D Sale of firearm to person prohibited from possessing 10

750. 224 Pub saf E Manufacture or sale of silencer, bomb, blackjack, automatic weapon, gas spray, etc. 5

750. 224 a Pub saf F Possession or sale of electrical current weapons 4

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

750. 224 a (4) Pub saf F Possession or sale of electrical current weapons 4

Renumbered, 2012 PA

124, Eff. 8/6/12

750. 224 a (6) Pub saf G Improper use of electro-muscular disruption device 2 8/6/12

750. 224 b Pub saf E Possession of short barreled shotgun or rifle 5

750. 224 c Pub saf F Armor piercing ammunition 4

750. 224 d (2) Person G Using self-defense spray device 2

750. 224 e Pub saf F Manufacture/sale/possession of devices to convert semiautomatic weapons 4

750. 224 f (5) Pub saf E Possession or sale of firearm by felon 5

Renumbered, 2014 PA 5,

Eff. 5/12/14

750. 224 f (6) Pub saf E Possession or sale of ammunition by felon 5 5/12/14

750. 226 Pub saf E Carrying firearm or dangerous weapon with unlawful intent 5

750. 227 Pub saf E Carrying a concealed weapon 5

750. 227 a Pub saf F Unlawful possession of pistol 4

750. 227 c Pub saf G Possessing a loaded firearm in or upon a vehicle 2

750. 227 f Pub saf F Wearing body armor during commission of violent crime 4

750. 227 f Pub saf F Wearing body armor during commission of certain crimes 4

As amended, 2005 PA 106,

Eff. 9/14/05

750. 227 g (1) Pub saf F Felon purchasing, owning, possessing, or using body armor 4 10/1/00

750. 230 Pub saf G Altering ID mark on firearm 2

750. 232 a (3) Pub saf G False statement in a pistol application 4

750. 234 a (1) (a) Pub saf D Discharging firearm from vehicle 10

As amended, 2014 PA 192,

Eff. 9/22/14

750. 234 a (1) (b) Person C Discharging firearm from vehicle causing physical injury 15

As amended, 2014 PA 192,

Eff. 9/22/14

750. 234 a (1) (c) Person B Discharging firearm from vehicle causing serious impairment 20

As amended, 2014 PA 192,

Eff. 9/22/14

750. 234 a (1) (d) Person A Discharging firearm from vehicle causing death LIFE

As amended, 2014 PA 192,

Eff. 9/22/14

750. 234 b (1) Pub saf D Discharging firearm at a dwelling or potentially occupied structure 10

As amended, 2014 PA 192,

Eff. 9/22/14

750. 234 b (2) Pub saf D Discharging firearm in a dwelling or potentially occupied structure 10

As amended, 2014 PA 192,

Eff. 9/22/14

750. 234 b (3) Pub saf C

Discharging firearm in or at a dwelling or potentially occupied structure causing physical

injury

As amended, 2014 PA 192,

Eff. 9/22/14

750. 234 b (4) Person B

Discharging firearm in or at a dwelling or potentially occupied structure causing serious

impairment

As amended, 2014 PA 192,

Eff. 9/22/14

750. 234 b (5) Person A Discharging firearm in or at a dwelling or potentially occupied structure causing death LIFE

As amended, 2014 PA 192,

Eff. 9/22/14

750. 234 c Pub saf F Discharging firearm at emergency/police vehicle 4

750. 235 b (2) Pub saf D

Threat to commit violent act against school students or employees on school property

with an overt act toward completion or with specific intent

10 3/28/19

750. 236 Person C Setting spring gun – death resulting 15

750. 237 (3) Person E Using firearm while under the influence or impaired causing serious impairment 5 2/1/02

750. 237 (4) Person C Using firearm while under the influence or impaired causing death 15 2/1/02

MCL 777.18

750. 237 a Pub saf

SPEC

Felony committed in a weapon-free school zone Variable 10/1/00

750. 237 a (1) Pub saf F Weapon-free school zones – general felony violations Variable

MCL

777.16n

750. 241 (1) Pub saf F Obstructing firefighter 4

Deleted, 2002 PA 272, Eff.

7/15/02

750. 241 (2) Pub saf F Obstructing public service facility personnel in civil disturbance 4 7/15/02

750. 241 (3) Pub saf F Obstructing public service facility personnel in civil disturbance 4

Substituted for by

750.241(2)

750. 248 Property E Forgery 14

750. 248 a Property F Uttering and publishing financial transaction device 4

750. 248 b Property C Forgery of real estate document 14 1/1/12

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

750. 249 Property E Uttering and publishing forged records 14

750. 249 a Property H Molds or dies to forge financial transaction device 4

750. 249 b Property C Uttering and publishing forged real estate document 14 1/1/12

750. 250 Property E Forgery of treasury notes 7

750. 251 Property E Forgery of bank bills 7

750. 252 Property E Possessing counterfeit notes 7

750. 253 Property G Uttering counterfeit notes 5

750. 254 Property E Possession of counterfeit notes or bills 5

750. 255 Property E Possession of counterfeiting tools 10

750. 260 Property E Counterfeiting coins or possession of 5 or more counterfeit coins LIFE

750. 261 Property E Possession of 5 or fewer counterfeit coins 10

750. 262 Property E Manufacture or possession of tools to counterfeit coins 10

750. 263 (3) Property E

Delivery/use/display items w/ counterfeit mark – subsequent offense or $1000+ or 100+

items

750. 263 (4) Property E Manufacturing items with counterfeit mark5

750. 266 Property G Counterfeiting railroad tickets 4

Deleted, 2002 PA 321, Eff.

7/15/02

MCL

777.16o

750. 271 Property E Fraudulently issuing or selling domestic securities 10

750. 272 Property G Sale of fraudulent stock of foreign corporations 10

750. 273 Property E Obtaining signature to financial document with intent to defraud 10

750. 273 Property E Obtaining signature with intent to defraud 10

As amended, 2012 PA 169,

Eff. 6/19/12

750. 274 Property E Purchasing or collecting on fraudulent financial document 10

As amended, 2012 PA 169,

Eff. 6/19/12

750. 276 Property G Obtaining signature or promise of vendee of grain to sell at fictitious price 4

As amended, 2012 PA 169,

Eff. 6/19/12

750. 277 Pub trst G Sale or transfer of note of vendee of grain to sell at a fictitious price 4

As amended, 2012 PA 169,

Eff. 6/19/12

750. 278 Property G Issuing or delivering fraudulent warehouse receipt 5

As amended, 2012 PA 169,

Eff. 6/19/12

750. 279 Property G Fraudulent disposal of entrusted property 4

As amended, 2012 PA 169,

Eff. 6/19/12

750. 280 Property E Gross fraud or cheat at common law 10

As amended, 2012 PA 169,

Eff. 6/19/12

750. 282 Pub ord G Fraudulently damaging or using property of utility in amount over $500 4

As amended, 2012 PA 169,

Eff. 6/19/12

750. 282 a Property E

Illegally selling or transferring product or service of electric service provider or natural

gas provider to another person

510/19/10

750. 285 Property E Obtaining personal ID information without authorization 5

Eff. 4/1/01 to 3/1/05, 2004

PA 457

750. 300 Pub ord G Killing or injuring animal to defraud insurance company 2

As amended, 2012 PA 169,

Eff. 6/19/12

750. 300 a (1) (a) Property G Food stamp fraud of $250 or less – second offense 5

As amended, 2012 PA 169,

Eff. 6/19/12

750. 300 a (1) (a) Property G Food stamp fraud of $250 or less – third or subsequent offense 10

As amended, 2012 PA 169,

Eff. 6/19/12

750. 300 a (1) (b) Property E Food stamp fraud of more than $250 to $1,000 5

As amended, 2012 PA 169,

Eff. 6/19/12

750. 300 a (1) (b) Property E Food stamp fraud of more than $250 to $1,000 – subsequent offense 10

As amended, 2012 PA 169,

Eff. 6/19/12

750. 300 a (1) (c) Property E Food stamp fraud of more than $1,000 10

As amended, 2012 PA 169,

Eff. 6/19/12

750. 303 Pub ord H Gambling 2

750. 303 Pub ord H Gaming 2

As amended, 2004 PA 457,

Eff. 3/1/05

750. 313 Pub ord H Gambling in stocks, bonds, or commodities 2

As amended, 2012 PA 169,

Eff. 6/19/12

MCL

777.16p

750. 317 Person M2 Second degree murder LIFE

750. 317 a Person A Delivery of controlled substance causing death LIFE 1/1/06

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

750. 321 Person C Manslaughter 15

750. 322 Person C Willful killing of unborn quick child 15

750. 323 Person C Abortion resulting in death 15

750. 324 Person G Negligent homicide 2

Will be repealed, 2008 PA

467, Eff. 10/31/10

750. 327 Person A Death by explosives on vehicle or vessel LIFE

750. 328 Person A Death by explosives in or near building LIFE

750. 329 Person C Homicide – weapon aimed with intent but not malice 15

750. 329 a Person E Assisting a suicide 5 10/1/00

MCL

777.16q

750. 332 Property H Entering horse in race under false name 4

750. 335 a Person A Indecent exposure by sexually delinquent person LIFE

Relettered, 2005 PA 302,

Eff. 2/1/06

750. 335 a (2) (b) Person G Aggravated indecent exposure 2 2/1/06

750. 335 a (2) (c) Person A Indecent exposure by sexually delinquent person LIFE

Formerly MCL 750.335a,

Eff. 2/1/06

750. 338 Pub ord G Gross indecency between males 5

750. 338 Pub ord A Gross indecency between males involving sexually delinquent person LIFE 8/24/06

750. 338 a Pub ord G Gross indecency between females 5

750. 338 a Pub ord A Gross indecency between females involving sexually delinquent person LIFE 8/24/06

750. 338 b Pub ord G Gross indecency between males and females 5

750. 338 b Pub ord A Gross indecency between males and females involving sexually delinquent person LIFE 8/24/06

750. 348 Pub saf H Inciting Indians to violate a treaty 4

Deleted, 2002 PA 261, Eff.

5/1/02

750. 349 Person A Kidnapping LIFE

750. 349 a Person A Prisoner taking a hostage LIFE

750. 349 b Person C Unlawful imprisonment 15 8/24/06

750. 350 Person A Kidnapping – child enticement LIFE

750. 350 a Person H Kidnapping – custodial interference 1

MCL 777.16r

750. 356 Property E Larceny over $100 5

750. 356 (2) Property D Larceny involving $20,000 or more or with prior convictions 10 10/1/00

750. 356 (3) Property E Larceny involving $1,000 to $20,000 or with prior convictions 5 10/1/00

750. 356 a Property G Larceny from a motor vehicle 5

750. 356 a (1) Property G Larceny from a motor vehicle 5 10/1/00

750. 356 a (2) (c) Property E Breaking and entering a vehicle to steal $1,000 to $20,000 or with prior convictions 5 10/1/00

750. 356 a (2) (d) Property D Breaking and entering a vehicle to steal $20,000 or more or with prior convictions 10 10/1/00

750. 356 a (3) Property G Breaking and entering a vehicle to steal causing damage 5 10/1/00

750. 356 b Property G Breaking and entering a coin telephone 4

750. 356 c Property H Retail fraud – first degree 2

750. 356 c Property E Retail fraud – first degree 5 10/1/00

750. 357 Person D Larceny from the person 10

750. 357 a Property G Larceny of livestock 4

750. 357 b Property E Larceny – stealing firearms of another 5

750. 358 Property G Larceny from burning building 5

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

750. 360 Property G Larceny in a building 4

750. 360 a (2) (b) Property F Theft detection device offense with prior conviction 4 7/1/02

750. 361 Property H Trains – stealing/maliciously removing parts2

750. 362 Property E Larceny by conversion over $100 5

750. 362 Property E Larceny by conversion involving $1,000 to $20,000 or with prior convictions 5 10/1/00

750. 362 Property D Larceny by conversion involving $20,000 or more or with prior convictions 10 10/1/00

750. 362 a Property H Larceny of rental property 2

750. 362 a (2) Property D Larceny of rental property involving $20,000 or more or with prior convictions 10 10/1/00

750. 362 a (3) Property E Larceny of rental property involving $1,000 to $20,000 or with prior convictions 5 10/1/00

750. 363 Property E Larceny by false personation over $100 5

750. 363 Property E Larceny by false personation involving $1,000 to $20,000 or with prior convictions 5 10/1/00

750. 363 Property D Larceny by false personation involving $20,000 or more 10 10/1/00

750. 365 Person D Larceny from car or persons detained or injured by accident 20

750. 366 Property G Larceny of railroad tickets 4

Deleted, 2002 PA 279, Eff.

5/9/02

750. 367 Property G Larceny of trees & shrubs over $100 5

750. 367 Property E Larceny of trees or shrubs involving $1,000 to $20,000 or with prior convictions 5 10/1/00

750. 367 Property D Larceny of a tree or shrub involving $20,000 or more or with prior convictions 10 10/1/00

MCL 777.18

750. 367 a Property

SPEC

Larceny of rationed goods Variable

MCL 777.16r

750. 367 b Property E Airplanes – taking possession 5

750. 368 (5) Pub ord G Preparing, serving, or executing unauthorized process – third or subsequent offense 4 10/1/00

750. 372 Pub ord H Running or allowing lottery 2

750. 373 Pub ord H Selling or possessing lottery tickets 2

750. 374 Pub ord H Lottery violations – subsequent offense 4

MCL

777.16s

750. 377 a Property G Malicious destruction of personal property over $100 4

750. 377 a (1) (a) Property D

Malicious destruction of personal property involving $20,000 or more or with prior con-

victions

10 10/1/00

750. 377 a (1) (b) Property E Malicious destruction of personal property involving $1,000 to $20,000 or with priors 5 10/1/00

750. 377 b Property F Malicious destruction of fire/police property 4

750. 377 c Property E School bus – intentional damage 5

750. 378 Property F Malicious destruction of property – dams/canals/mills 4

750. 379 Property F Malicious destruction of property – bridges/railroads/locks 4

750. 380 Property F Malicious destruction of building over $100 4

750. 380 (2) Property D Malicious destruction of building involving $20,000 or more or with prior convictions 10 10/1/00

750. 380 (3) Property E Malicious destruction of a building involving $1,000 to $20,000 or with prior convictions 5 10/1/00

750. 382 (1) (c) Property E

Malicious destruction of plants or turf involving $1,000 to $20,000 or with prior convic-

tions

5 10/1/00

750. 382 (1) (d) Property D Malicious destruction of plants or turf involving $20,000 or more or with prior convictions 10 10/1/00

750. 383 a Property F Malicious destruction of utility equipment 4

750. 383 a Property E Malicious destruction of utility equipment or utility infrastructure component 5

As amended, 2008 PA 414,

Eff. 3/1/09

750. 385 (2) (c) Property E

Damaging/destroying research property-between $1,000 and $20,000 or w/ prior con-

victions

5 Eff. 4/1/05 to 9/14/05

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

750. 385 (2) (d) Property E Damaging/destroying research property - $20,000 or more or 2 or more prior convictions 5 Eff. 4/1/05 to 9/14/05

750. 385 (2) (e) Person E Damaging or destroying research property resulting in physical injury 5 Eff. 4/1/05 to 9/14/05

750. 385 (2) (f) Person D

Damaging or destroying research property resulting in serious impairment of body func-

tion

10 Eff. 4/1/05 to 9/14/05

750. 385 (2) (g) Person C Damaging or destroying research property resulting in death 15 Eff. 4/1/05 to 9/14/05

750. 386 Property E Malicious destruction of mine property 20

750. 387 Property G Malicious destruction of tombs & memorials 5

750. 387 (5) Property E Malicious destruction of a tomb or memorial involving $1,000 to $20,000 or with priors 5 10/1/00

750. 387 (6) Property D

Malicious destruction of a tomb or memorial involving $20,000 or more or with prior con-

victions

10 10/1/00

750. 392 Property E Malicious destruction of property – vessels 10

750. 394 (2) (c) Person F Throwing or dropping dangerous object at vehicle causing injury 4 1/1/04

750. 394 (2) (d) Person D Throwing or dropping dangerous object at vehicle causing serious impairment 10 1/1/04

750. 394 (2) (e) Person C Throwing or dropping dangerous object at vehicle causing death 15 1/1/04

750. 395 (2) (c) Property E

Damaging/destroying research property-between $1,000 and $20,000 or w/ prior con-

victions

Replaced MCL

750.385(2)(c),

750. 395 (2) (d) Property E Damaging/destroying research property - $20,000 or more or 2 or more prior convictions 5

Replaced MCL

750.385(2)(d),

750. 395 (2) (e) Person E Damaging or destroying research property resulting in physical injury 5

Replaced MCL

750.385(2)(e),

750. 395 (2) (f) Person D

Damaging or destroying research property resulting in serious impairment of body func-

tion

Replaced MCL

750.385(2)(f),

750. 395 (2) (g) Person C Damaging or destroying research property resulting in death 15

Replaced MCL

750.385(2)(g),

750. 397 Person D Mayhem 10

750. 397 a Person D Placing harmful objects in food 10

750. 405 Pub saf E Inciting soldiers to desert 5

750. 406 Pub saf E Military stores – larceny, embezzlement or destruction 5

MCL 777.16t

750. 409 b Pub ord F Knowing possession of ransomware with intent to use without authorization 3 7/1/18

750. 410 a Person G Conspiracy to commit a person to state hospital unjustly 4

750. 411 a (1) (b) Pub ord F False report of a felony 4

750. 411 a (1) (c) Person E False report of crime resulting in physical injury 5 1/1/13

750. 411 a (1) (d) Person D False report of crime resulting in serious impairment of body function 10 1/1/13

750. 411 a (1) (e) Person C False report of crime resulting in death151/1/13

750. 411 a (2) Pub ord F False report of a bombing or threat to bomb 4

Substituted for by

750.411a(3)(a)

750. 411 a (3) (a) Pub ord F Threat or false report of an explosive or harmful device, substance, or material 4 4/1/01

750. 411 a (3) (b) Pub ord D

Threat/false report of explosive or harmful device/substance/material – subsequent

offense

10 4/1/01

750. 411 a (4) (b) Person E False report of medical or other emergency resulting in physical injury 5 1/1/13

750. 411 a (4) (c) Person D

False report of medical or other emergency resulting in serious impairment of body func-

tion

10 1/1/13

750. 411 a (4) (d) Person C False report of medical or other emergency resulting in death 15 1/1/13

750. 411 b Pub trst G Excess fees to members of legislature 4

750. 411 h (2) (b) Person E Stalking of a minor 5

750. 411 i (3) (a) Person E Aggravated stalking 5 10/1/00

750. 411 i (3) (b) Person D Aggravated stalking of a minor 10

750. 411 l Pub ord H Fourth degree money laundering 2

As amended, 2012 PA 332,

Eff. 1/1/13

750. 411 m Pub ord E Third degree money laundering 5

As amended, 2012 PA 332,

Eff. 1/1/13

750. 411 n Pub ord D Second degree money laundering 10

As amended, 2012 PA 332,

Eff. 1/1/13

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

750. 411 o Pub ord B First degree money laundering 20

As amended, 2012 PA 332,

Eff. 1/1/13

750. 411 p (2) (a) Property B

Money laundering of proceeds from controlled substance offense involving $10,000 or

750. 411 p (2) (b) Property D

Money laundering proceeds from controlled substance offense/other proceeds of

$10,000+

750. 411 p (2) (c) Property E Money laundering – transactions involving represented proceeds 5

750. 411 s (2) (a) Person G Unlawful posting of message 2 4/1/01

750. 411 s (2) (b) Person E Unlawful posting of message with aggravating circumstances 5 4/1/01

750. 411 t (2) (b) Person E Hazing resulting in serious impairment of body function 5

8/18/04; as amended, 2012

PA 332, Eff. 1/1/13

750. 411 t (2) (c) Person C Hazing resulting in death 15 8/18/04

750. 411 u Pub ord B Gang membership felonies 20

As amended, 2008 PA 562,

565, Eff. 4/1/09

750. 411 v (1) Person E Gang recruitment 512/16/10

750. 411 v (2) Person B Retaliation for withdrawal from gang 20 12/16/10

750. 411 w Pub ord E

Selling or possessing automated sales suppression device or zapper, phantom-ware, or

skimming device

8/29/12; as amended, 2013

PA 216, Eff. 4/1/14

750. 411 x (4) Person E Cyberbullying causing serious injury 5 3/28/19

750. 411 x (5) Person D Cyberbullying causing death 10 3/28/19

MCL

777.16u

750. 413 Property E Unlawful driving away of an automobile 5

750. 414 Property H Unlawful use of an automobile 2

750. 415 (2) Property G Motor vehicles – conceal/misrepresent identity with intent to mislead 4

750. 415 (5) Property G

Motor vehicles – buy/sell/exchange/give paraphernalia capable of changing/misrepre-

senting ID

4 10/1/00

750. 415 (6) Property E Motor vehicles – buy/receive/obtain w/ intent to sell/dispose knowing VIN was altered 10 10/1/00

750. 417 Property H Motor vehicle – mortgaged – removal from state 4

750. 418 Property H Removing a vehicle out of state without vendor’s consent 4

750. 420 Pub saf H Motor vehicle – equipping to release smoke/gas 4

750. 421 Pub saf H Motor vehicle – designed for attack 5

Deleted, 2020 PA 58,

Eff. 6/8/20

750. 421 b Pub saf H Hinder transport of farm/commercial products – subsequent offense 2

750. 421 d Pub saf F

Counterfeit, nonfunctional, or noncompliant supplemental restrain system component,

airbag, or object – selling, leasing, distributing, installing, or reinstalling

43/29/21

MCL

777.16v

750. 422 Pub trst G Perjury committed in court/noncapital crime 15

750. 422 Pub trst C Perjury committed in court – noncapital crime 15 10/1/00

750. 422 Pub trst G Perjury – committed in court/capital crime LIFE

750. 422 Pub trst B Perjury committed in court – capital crime LIFE 10/1/00

750. 422 a Pub trst E Material false statement in petition seeking review of DNA evidence 5 1/6/09

750. 423 Pub trst E Perjury 15

750. 423 Pub trst E Perjury by falsely swearing 15 10/1/00

750. 424 Pub trst E Subornation of perjury 15

750. 424 Pub trst C Subornation of perjury 15 10/1/00

750. 425 Pub trst E Inciting or procuring perjury 5

750. 425 Pub trst E Inciting or procuring perjury but perjury not committed 5 10/1/00

750. 430 a Person D Human cloning 10 10/1/00

750. 436 (1) Person E Poisoning food/drink/wells 5

Deleted, 2002 PA 123, Eff.

4/22/02

750. 436 (2) Person A Poison – food/drink/medicine/wells – large amounts/injury LIFE

Deleted, 2002 PA 123, Eff.

4/22/02

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

750. 436 (2) (a) Pub saf C Poisoning food, drink, medicine, or water supply 15 4/22/02

750. 436 (2) (b) Property B Poisoning food, drink, medicine, or water supply causing property damage 20 4/22/02

750. 436 (2) (c) Person A Poisoning food, drink, medicine, or water supply causing injury 25 4/22/02

750. 436 (2) (d) Person A Poisoning food, drink, medicine, or water supply causing serious impairment LIFE 4/22/02

750. 436 (3) Pub saf H Poison – malicious false statement of poisoning 2

Deleted, 2002 PA 123, Eff.

4/22/02

750. 436 (3) (a) Pub ord F False report of poisoning food, drink, medicine, or water supply 4 4/22/02

750. 436 (3) (b) Pub ord D False report of poisoning food, drink, medicine, or water supply with prior conviction 10 4/22/02

750. 439 Pub ord G Polygamy 4

750. 440 Pub ord G Polygamy – knowingly entering a prohibited marriage 4

750. 441 Pub ord G Teaching or advocating polygamy 4

750. 442 Pub ord G Participating in prizefights 4

Deleted, 2010 PA 99, Eff.

6/22/10

750. 443 Pub ord G Prizefights – training 4

Deleted, 2010 PA 99, Eff.

6/22/10

MCL

777.16w

750. 451 (3) Pub ord G Prostitution – various offenses – third or subsequent offense 2

As amended, 2014 PA 327,

Eff. 1/14/15

750. 451 (4) Person E Soliciting a person under 18 years of age to commit prostitution 5 1/14/15

750. 452 Pub ord E Keeping a house of prostitution 5

750. 455 Pub ord B Pandering 20

As amended, 2014 PA 327,

Eff. 1/14/15

750. 456 Person B Placing spouse into prostitution 20

750. 457 Pub ord B Accepting earnings of a prostitute 20

As amended, 2014 PA 327,

Eff. 1/14/15

750. 458 Person B Prostitution – detaining person for debt 20

As amended, 2014 PA 327,

Eff. 1/14/15

750. 459 Person B Transporting a person for prostitution 20

As amended, 2014 PA 327,

Eff. 1/14/15

750. 459 (1) Person B Transporting a person for prostitution 20

Renumbered, 2016 PA

486, Eff. 4/6/17

750. 459 (2) Person E Selling travel services to facilitate prostitution or human trafficking in other jurisdictions 5 4/6/17

750. 459 (3) Person D

Selling travel services to facilitate prostitution or human trafficking in other jurisdictions

involving a minor

10 4/6/17

750. 462 b (1) Person D Human trafficking - forced labor through physical harm 10

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 b (2) Person C Human trafficking - forced labor through physical harm causing injury 15

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 b (3) Person A Human trafficking - forced labor through physical harm causing death LIFE

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 c (1) Person D Human trafficking - forced labor through physical restraint 10

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 c (2) Person C Human trafficking - forced labor through physical restraint causing injury 15

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 c (3) Person A Human trafficking - forced labor through physical restraint causing death LIFE

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 d (1) Person D Human trafficking - forced labor through abuse of legal process 10

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 d (2) Person C Human trafficking - forced labor through abuse of legal process causing injury 15

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 d (3) Person A Human trafficking - forced labor through abuse of legal process causing death LIFE

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 e (1) Person D Human trafficking - forced labor through destruction of ID document 10

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 e (2) Person C Human trafficking - forced labor through destruction of ID document causing injury 15

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 e (3) Person A Human trafficking - forced labor through destruction of ID document causing death LIFE

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 f (1) Person D Human trafficking - forced labor through blackmail 10

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 f (1) (a) Person D Human trafficking violation 10 1/14/15

750. 462 f (1) (b) Person C Human trafficking violation resulting in bodily injury 15 1/14/15

750. 462 f (1) (c) Person B Human trafficking violation resulting in serious bodily injury 20 1/14/15

750. 462 f (1) (d) Person A Human trafficking violation involving death or the commission of certain felonies LIFE 1/14/15

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

750. 462 f (2) Person C Human trafficking - forced labor through blackmail causing injury 15

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 f (2) Person B Obtaining a minor for commercial sexual activity or for forced labor or services 20 1/14/15

750. 462 f (3) Person A Human trafficking - forced labor through blackmail causing death LIFE

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 f (3) Person

SPEC

Attempting, conspiring, or soliciting another to violate human trafficking laws Variable 1/14/15

750. 462 g (1) Person B Human trafficking - obtain minor for child sexual abusive activity 20

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 h (2) Person D Human trafficking - recruit minor for forced labor 10

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 h (3) Person C Human trafficking - recruit minor for forced labor causing injury 15

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 h (4) Person A Human trafficking - recruit minor for forced labor causing death LIFE

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 i Person A Human trafficking - compound felony LIFE

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 j (1) (a) Person D Providing or obtaining labor or services of another person by force, fraud, or coercion 10

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 j (1) (b) Person B Providing or obtaining labor or services of minor by force, fraud, or coercion 20

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 j (1) (c) Person A

Providing or obtaining labor or services of another person by force, fraud, or coercion

causing death

LIFE

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 j (2) (a) Person D Recruiting or transporting person for labor or services 10

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 j (2) (b) Person B Recruiting or transporting minor for labor or services 20

Deleted, 2014 PA 327, Eff.

1/14/15

750. 462 j (2) (c) Person A Recruiting or transporting person for labor or services causing death LIFE

Deleted, 2014 PA 327, Eff.

1/14/15

750. 465 a (1) (b) Property G Operating audiovisual recording device in a theatrical facility - second offense 2 12/15/04

750. 465 a (1) (c) Property F

Operating audiovisual recording device in a theatrical facility - third or subsequent

offense

412/15/04

MCL

777.16x

750. 478 a (2) Pub ord H Unauthorized process to obstruct a public officer or employee 2 10/1/00

750. 478 a (3) Pub ord G Unauthorized process to obstruct a public officer or employee – subsequent offense 4 10/1/00

750. 479 Person G Resisting or obstructing a peace officer 2

Substituted for by

750.479(2)

750. 479 (2) Person G Assaulting or obstructing certain officials 2 7/15/02

750. 479 (3) Person G Assaulting or obstructing certain officials causing injury 4 7/15/02

750. 479 (4) Person D Assaulting or obstructing certain officials causing serious impairment 10 7/15/02

750. 479 (5) Person B Assaulting or obstructing certain officials causing death 20 7/15/02

750. 479 a (2) Pub saf G Fleeing and eluding – fourth degree 2

750. 479 a (3) Pub saf E Fleeing and eluding – third degree 5

750. 479 a (4) Person C Fleeing and eluding – second degree 10

750. 479 a (5) Person B Fleeing and eluding – first degree 15

750. 479 a (6) Person H Assaulting peace officer 2

Deleted, 2002 PA 271, Eff.

7/15/02

750. 479 b (1) Person F Disarming peace officer – nonfirearm 4

750. 479 b (2) Person D Disarming peace officer – firearm 10

750. 479 c (2) (c) Pub ord G Providing false information to peace officer conducting criminal investigation 2 7/20/12

750. 479 c (2) (d) Pub ord F

Providing false or misleading information to peace officer conducting criminal investiga-

tion regarding certain felonies

47/20/12

750. 480 Pub trst F Public officers – refusing to turn over books/money to successor 4

750. 483 a (2) (b) Person D Retaliating for reporting crime 10 3/28/01

750. 483 a (2) (b) Person D Retaliating for reporting crime punishable by more than 10 years 10 7/15/02

750. 483 a (2) (b) Person D

Withholding evidence/preventing/retaliating for reporting crime punishable by more than

10 yrs

As amended, 2006 PA 40,

Eff. 3/2/06

750. 483 a (4) (b) Person F Interfering with police investigation by committing crime or threatening to kill or injure 10 3/28/01

750. 483 a (4) (b) Person D Interfering with police investigation by committing crime or threatening to kill or injure 10 7/15/02

750. 483 a (6) (a) Pub ord F Tampering with evidence 4 3/28/01

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

750. 483 a (6) (a) Pub ord F Tampering with evidence or offering false evidence 4

As amended, 2006 PA 40,

Eff. 3/2/06

750. 483 a (6) (b) Pub ord D Tampering with evidence in case punishable by more than 10 years 10 3/28/01

750. 483 a (6) (b) Pub ord D

Tampering with evidence/offering false evidence in case punishable by more than 10

years

As amended, 2006 PA 40,

Eff. 3/2/06

750. 488 Pub trst H Public officers – state official – retaining fees 2

750. 490 Pub trst H Public money – safekeeping 2

750. 491 Pub trst H Public records – removal/mutilation/destruction 2

750. 492 a (1) (a) Pub trst G Medical record – intentional[ly] place false information – health care provider 4

750. 492 a (2) Pub trst G Medical record – health care provider alter conceal injury/death 4

750. 492 a (2) Pub trst G Medical record – health care provider - altering to conceal injury/death 4

As amended, 2006 PA 40,

Eff. 3/2/06

750. 495 a (2) Person F Concealing objects in trees or wood products – causing injury 4

750. 495 a (3) Person C Concealing objects in trees or wood products – causing death 15

750. 498 b (2) (a) Person E

Tampering/taking/removing marine safety device without authority causing serious

impairment

57/1/06

750. 498 b (2) (b) Person C Tampering/taking/removing marine safety device without authority causing death 15 7/1/06

750. 502 d Pub saf F Unlawfully possessing or transporting anhydrous ammonia or tampering with containers 4 4/1/04

750. 505 Pub ord E Common law offenses 5

750. 508 (2) (b) Pub ord G Carrying or possessing a scanner in the commission of a crime 2 3/2/06

750. 511 Person A Blocking or wrecking railroad track LIFE

750. 512 Property E Uncoupling railroad cars 10

750. 513 Property H Issuing fraudulent railroad securities 10

Deleted, 2002 PA 320, Eff.

7/15/02

750. 514 Property H Seizing locomotive with mail car 10

Deleted, 2002 PA 320, Eff.

7/15/02

750. 516 Person C Stopping train to rob LIFE

Deleted, 2002 PA 320, Eff.

7/15/02

750. 517 Person C Boarding train to rob LIFE

Deleted, 2002 PA 320, Eff.

7/15/02

MCL

777.16y

750. 520 b Person A Criminal sexual conduct – first degree LIFE

750. 520 b (2) Person A Criminal sexual conduct -- first degree LIFE

As amended, 2006 PA 166,

Eff. 8/28/06

750. 520 c Person C Criminal sexual conduct – second degree 15

750. 520 d Person C Criminal sexual conduct – third degree 15

750. 520 d Person B Criminal sexual conduct – third degree 15 10/1/00

750. 520 e Person G Criminal sexual conduct – fourth degree 2

750. 520 g (1) Person D Assault with intent to commit sexual penetration 10

750. 520 g (2) Person E Assault with intent to commit sexual contact 5

750. 520 n Pub saf G Electronic monitoring device violation 2 8/28/06

750. 528 Pub saf F Destroying dwelling house or other property 4

750. 528 Pub saf F Destroying dwelling house or other property during riot or unlawful assembly 4

As amended, 2006 PA 166,

Eff. 8/28/06

750. 528 a Pub saf F Civil disorders – firearms/explosives 4

750. 529 Person A Armed robbery LIFE

750. 529 a Person A Carjacking LIFE

750. 530 Person C Unarmed robbery 15

750. 531 Person C Bank robbery/safe breaking LIFE

750. 532 Person H Seduction 5

MCL

777.16z

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

750. 535 Property E Receiving or concealing stolen property over $100 5

750. 535 (2) Property D Receiving/concealing stolen property having a value of $20,000 or more or with priors 10 10/1/00

750. 535 (3) Property E

Receiving or concealing stolen property having a value of $1,000 to $20,000 or with pri-

ors

5 10/1/00

750. 535 (7) Property E Receiving or concealing stolen motor vehicle52/12/04

750. 535 (8) Property D Receiving or concealing stolen motor vehicle – second or subsequent offense 10 3/31/15

750. 535 a Pub ord E Operating a chop shop 5

Substituted for by

750.535a(2)

750. 535 a (2) Pub ord D Operating a chop shop 10 10/1/00

750. 535 a (3) Pub ord D Operating a chop shop – subsequent violation 10 10/1/00

750. 535 b Pub saf E Stolen firearms or ammunition 10

MCL

777.16aa

750. 539 c Pub ord H Eavesdropping 2

750. 539 d Pub ord H Installing eavesdropping device 2

Replaced, 2004 PA 157,

Eff. 6/16/04

750. 539 d (3) (a) (i) Pub ord H Installing, placing, or using eavesdropping device 2 6/16/04

750. 539 d (3) (a) (ii) Pub ord E Installing, placing, or using eavesdropping device – subsequent offense 5 6/16/04

750. 539 d (3) (b) Pub ord E

Distributing, disseminating, or transmitting recording or image obtained by eavesdrop-

ping

56/16/04

750. 539 e Pub ord H Divulging or using information obtained by eavesdropping 2

750. 539 f Pub ord H Manufacture or possession of eavesdropping device 2

750. 539 j (2) (a) (i) Pub ord H Lewd surveillance or capturing lewd image 2 6/16/04

750. 539 j (2) (a) (ii) Pub ord E Lewd surveillance or capturing lewd image – subsequent offense 5 6/16/04

750. 539 j (2) (b) Pub ord E Distributing, disseminating, or transmitting visual image obtained by surveillance 5 6/16/04

750. 539 k (5) (a) Property E

Illegally recording personal identifying information from financial transaction device

transaction

54/1/14

750. 539 k (5) (b) Property D

Illegally recording personal identifying information from financial transaction device

transaction – second offense

10 4/1/14

750. 539 k (5) (c) Property C

Illegally recording personal identifying information from financial transaction device

transaction – third or subsequent offense

15 4/1/14

750. 540 Pub ord H Tapping or cutting telephone lines 2

750. 540 (5) (a) Pub ord H Damaging, destroying, using, or obstructing use of electronic medium of communication 2

As amended, 2006 PA 62,

Eff. 6/1/06

750. 540 (5) (b) Person F

Damaging/destroying/using/obstructing electronic communication resulting in injury/

death

46/1/06

750. 540 c (3) Property F

Telecommunications and computer – manufacture or deliver counterfeit communica-

tions

750. 540 c (3) Property F Manufacturing or delivering a counterfeit communications device 4

Eff. 10/1/00 to 2/12/04,

2004 PA 2

750. 540 c (4) Property F Telecommunication violation 4 2/12/04

750. 540 f (2) Property E

Telecommunications and computer–knowingly publishing counterfeit devices–2nd con-

viction

750. 540 f (2) Property E Knowingly publishing a communications access device with prior convictions 5 10/1/00

750. 540 g (1) (c) Property E Diverting telecommunications services having a value of $1,000 - $20,000 or with priors 5

750. 540 g (1) (d) Property D Diverting telecommunications services having a value of $20,000 or more or with priors 10

MCL

777.16bb

750. 543 f Person A Terrorism without causing death LIFE 4/22/02

750. 543 h Pub ord A Hindering prosecution of terrorism LIFE

Eff. 4/22/02 to 7/15/02,

2002 PA 271

750. 543 h (3) (a) Pub ord B Hindering prosecution of terrorism – certain terrorist acts 20 7/15/02

750. 543 h (3) (b) Pub ord A Hindering prosecution of terrorism – act of terrorism LIFE 7/15/02

750. 543 k Pub saf B Soliciting material support for terrorism or terrorist acts 20 4/22/02

750. 543 k Pub saf B Soliciting or providing material support for terrorism or terrorist acts 20 7/15/02

750. 543 m Pub ord B Threat or false report of terrorism 20 4/22/02

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

MCL # Crime List–Current Through 4/21/21

750. 543 p Pub saf B Use of internet or telecommunications to commit terrorism 20 4/22/02

750. 543 p Pub saf B Use of internet or telecommunications to commit certain terrorist acts 20 7/15/02

750. 543 r Pub saf B Surveillance of vulnerable target with intent to commit terrorism 20 4/22/02

750. 543 r Pub saf B Possession of vulnerable target information with intent to commit certain terrorist acts 20 7/15/02

750. 545 Pub ord E Misprision of treason 5

750. 552 b Property F Trespassing on correctional facility property 4

750. 552 c Pub saf F Trespass upon key facility 4 4/15/06

750. 553 Property G Squatting, second or subsequent offense 2 9/24/14

MCL

777.17b

752. 191 Pub saf G Felonious driving 2

Deleted, 2001 PA 136, Eff.

2/1/02

752. 272 a (2) (c) Pub saf F Sale or distribution of nitrous oxide device – 2 or more prior convictions 4 1/1/01

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. 542 a Pub saf D Riot in state correctional facilities 10

752. 543 Pub saf G Unlawful assembly 5

752. 701 Property H Destruction or removal of timber 1

MCL

777.17c

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 10/1/00

752. 797 (2) (b) Property D

Unlawfully accessing computer, computer system, or computer program, with prior con-

viction

10 10/1/00

752. 797 (3) (b) Variable G

Using computer for crime punishable by maximum term of more than 1 yr but less than 2

yrs

2 10/1/00

752. 797 (3) (c) Variable F

Using computer for crime punishable by maximum term of at least 2 yrs but less than 4

yrs

4 10/1/00

752. 797 (3) (d) Variable D

Using computer for crime punishable by maximum term of at least 4 yrs but less than 10

yrs

7 10/1/00

752. 797 (3) (e) Variable D

Using computer for crime punishable by maximum term of at least 10 yrs but less than

20 yrs

10 10/1/00

752. 797 (3) (f) Variable B Using computer for crime punishable by maximum term of at least 20 yrs or for life 20 10/1/00

MCL

777.17d

752. 802 Property H Manufacture or sale of slugs for use in vending machines 5

As amended, 2012 PA 456,

Eff. March 31, 2013

752. 811 Property H Breaking and entering a coin operated device3

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

As amended, 2012 PA 456,

Eff. March 31, 2013

752. 1004 Property F Soliciting, paying, or receiving kickback or receiving referral fee for health care payment 4

As amended, 2012 PA 456,

Eff. March 31, 2013

752. 1005 Property H Conspiring to commit health care fraud 10

As amended, 2012 PA 456,

Eff. March 31, 2013

752. 1006 Property D Health care fraud – subsequent offense 20

752. 1027 Person F Assisted suicide 4

752. 1054 (2) Property G Copying audio or video recordings for gain 5

As amended, 2012 PA 456,

Eff. March 31, 2013

752. 1084 Property E Organized retail crime act violation 5

As amended, 2013 PA 124,

Eff. 10/1/13

MCL 777.17f

764. 1 e Pub trst C Peace officer making false statement in a complaint 15

As amended, 2012 PA 611,

Eff. 3/1/13

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

MCL # Crime List–Current Through 4/21/21

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

767. 4 a Pub trst F Disclosing or possessing grand jury information 4

767A. 9 (a) Pub trst C Perjury committed in prosecutor’s investigative hearing – noncapital crime 15

Eff. 10/1/00 then replaced

by 9(1)(a)

767A. 9 (1) (a) Pub trst C Perjury committed in prosecutor’s investigative hearing 15

As amended, 2012 PA 611,

Eff. 3/1/13

767A. 9 (b) Pub trst B Perjury committed in prosecutor’s investigative hearing – capital crime LIFE

Eff. 10/1/00, then replaced

by 9(1)(b)

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

As amended, 2012 PA 611,

Eff. 3/1/13

771. 3 f Pub ord G Tampering with or removing electronic monitoring device 2 3/1/13

791. 236 (17) Pub ord F Failure to provide correct notice of proposed domicile by sex offender 4 12/1/06

MCL

777.17g

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. 283 a Pub saf E Furnishing cell phone to prisoner 5 12/29/06

801. 262 (1) (a) Pub saf E Bringing weapon into jail 5 8/1/99

801. 262 (1) (b) Pub saf E Furnishing weapon to prisoner in jail 5 8/1/99

801. 262 (2) Pub saf E Prisoner in jail possessing weapon 5 8/1/99

801. 262 a Pub saf E Furnishing cell phone or other wireless device to prisoner in jail 5 10/1/13

801. 263 (1) Pub saf H Furnishing contraband to prisoner in jail 5 8/1/99

801. 263 (2) Pub saf H Prisoner in jail possessing contraband 5 8/1/99

Felo-

nies

by MCL # Group Class Description*

Stat

Max

Date Offense Added to

Guidelines**

Lightlyshadedlinesindicatethatthestatutegoverningthefelonyoffensedescribedonthatlinehasbeenamended,deleted,orreplaced.

*Foreaseofreference,offensedescriptionsinthistablemaynotcorrespondpreciselywiththedescriptionscontainedintheguidelines.

**Unlessotherwisenoted,thedateonwhichthestatutoryguidelinesweremadeapplicabletothefelonyoffenselistedis1/1/99.

Alphabetical Crime List–Current Through 4/21/21

MCL # Group Class Alphabetical list of felonies*

Stat

Max

Date Offense Added to

Guidelines**

750. 14 Person G Abortion 4

750. 213 a (3) (a) Person

Vari-

able

Abortion – coercing female to have an abortion against her will

Vari-

able

9/7/16

333. 2690 (2) Person E

Abortion – financially benefiting from granting certain persons access to an embryo, fetus, or neonate or from transferring

possession of an embryo, fetus, or neonate to certain persons [See MCL 333.2691]

5 3/29/17

750. 323 Person C Abortion resulting in death 15

750. 14 Person C Abortion resulting in death of female 15

333. 2689 Person E Abortion to obtain embryo or fetus [See MCL 333.2691] 5

As amended, 2012 PA

539, Eff. 4/1/13

750. 199 a Pub ord F Absconding on or forfeiting bond 4

168. 932 (e) Pub trst E Absentee ballot tampering 5

750. 145 b Person F Accosting children for immoral purposes – subsequent offense 4

750. 145 b Person D Accosting children for immoral purposes with prior conviction 10 6/1/02

710. 55 (1) Pub trst F

Adoption – persons not authorized to place child or to advertise for, solicit, or recruit for

adoption – subsequent violation

As amended, 2016 PA

484, Eff. 4/6/17