Aggravated Use of a Weapon

1. Count each person who was placed in danger of injury or loss of life as a victim.

2. In multiple offender cases, if 1 offender is assessed points for the presence or use of a weapon, all offenders shall be assessed the same number of points.

3. Score "5" points if an offender used an object to suggest the presence of a weapon

4. Do not score "5" points if the conviction offense is Felonious Assault or Robbery Armed.

5. Score "5" points if an offender used a chemical irritant, chemical irritant device, smoke device, or imitation harmful substance or device.

6. "Harmful biological and chemical substances," "harmful biological, chemical or radioactive devices," and "harmful radioactive material" are defined in MCL 750.200h.

7. "Incendiary device" includes gasoline or any flammable substance, a blowtorch, fire bomb, Molotov cocktail, or other similar device.
   

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

1. In multiple offender cases, if 1 offender is assessed points for possessing a weapon, all offenders shall be assessed the same number of points.

2. "Harmful biological and chemical substances," "harmful biological, chemical or radioactive devices," and "harmful radioactive material" are defined in MCL 750.200h.

3. "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.

4. "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.

5. "Incendiary device" includes gasoline or any other flammable substance, a blowtorch, fire bomb, Molotov cocktail or other similar device.
   

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

1. In multiple offender cases, if 1 offender is assessed points for death or physical injury, all offenders shall be assessed the same number of points.

2. Score 100 points if death results from the commission of a crime and homicide is not the sentencing offense. Homicide is defined as any crime in which the death of a human being is an element of that crime.

3. Score 35 points if 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.

4. Do not score 5 points if bodily injury is an element of the sentencing offense.

5. "Requiring medical treatment" refers to the necessity for treatment and not the victim's success in obtaining treatment.

1. Score 10 points if the serious psychological injury may require professional treatment. In making this determination, the fact that treatment has not been sought is not conclusive.
   

1. This variable is only scored when the conviction offense is Homicide, Attempted Homicide or Assault with Intent to Commit Murder. Homicide is defined as any crime in which the death of a human being is an element of that crime.

2. Score 15 points if the serious psychological injury to the victim's family may require professional treatment. In making this determination, the fact that treatment has not been sought is not conclusive.
   

1. This variable is only scored when the conviction offense is Homicide, Attempted Homicide or Assault with Intent to Commit Murder. Homicide is defined as any crime in which the death of a human being is an element of that crime.

2. The sentencing judge shall score this variable consistent with a jury verdict unless the judge has information that was not presented to the jury.

3. Score 10 points if a killing is intentional within the definition of second degree murder or voluntary manslaughter, but the death occurred in a combative situation or in response to victimization of the offender by the decedent.
   

1. "Sadism" means conduct that subjects a victim to extreme or prolonged pain or humiliation and is inflicted to produce suffering or for the offender's gratification.
   

1. Count each person who was placed in danger of injury or loss of life as a victim.

2. Score 0 points if the sentencing offense is kidnapping.

1. Score 100 points only in homicide cases. Homicide is defined as any crime in which the death of a human being is an element of that crime.
   

2. Count each person who was placed in danger of injury or loss of life as a victim.
   

1. The mere existence of one or more of these factors does not automatically equate with victim vulnerability.

2. "Predatory conduct" means pre-offense conduct directed at a victim for the primary purpose of victimization.
   

3. "Exploit" means to manipulate a victim for selfish or unethical purposes.
   

4. "Vulnerability" means the readily apparent susceptibility of a victim to injury, physical restraint, persuasion, or temptation.
   

5. "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.

The offender exploited a victim's physical disability, mental disability, youth or agedness, or a domestic relationship or the offender abused his or her authority status

1. Score all sexual penetrations of the victim by the offender arising out of the sentencing offense.

2. Multiple sexual penetrations of the victim by the offender extending beyond the sentencing offense may be scored in offense variables 12 or 13.

3. Do not score points for the 1 penetration that forms the basis of a first or third degree criminal sexual conduct offense.
   

1. A felonious criminal act is contemporaneous if both of the following circumstances exist: (1) the act occurred within 24 hours of the sentencing offense, and; (2) the act has not and will not result in a separate conviction.

2. A felony firearm conviction should not be considered when scoring this variable.

3. Do not score conduct scored in offense variable 11.
   

1. For determining the appropriate points under this variable, all crimes within a five-year period, including the sentencing offense, shall be counted regardless of whether the
   offense resulted in a conviction.

2. The presence or absence of multiple offenders, the age of the offenders, or the degree of sophistication of the organized criminal group is not as important as the fact of the group's existence, which may be reasonably inferred from the facts surrounding the sentencing offense.

3. Except for offenses related to membership in an organized criminal group, do not score
   conduct scored in offense variable 11 or 12.
   

4. Score 50 points only if the sentencing offense is first degree criminal sexual conduct
   

1. For determining the appropriate points under this variable, all crimes within a five-year period, including the sentencing offense, shall be counted regardless of whether the offense resulted in a conviction.

2. The presence or absence of multiple offenders, the age of the offenders, or the degree of sophistication of the organized criminal group is not as important as the fact of the group's existence, which may be reasonably inferred from the facts surrounding the sentencing offense.

3. Except for offenses related to membership in an organized criminal group, do not score conduct scored in offense variable 11 or 12.

4. Score 50 points only if the sentencing offense is first degree criminal sexual conduct.
   

5. Do not count more than 1 controlled substance offense arising out of the criminal episode for which the person is being sentenced.

6. Do not count more that 1 crime involving the same controlled substance. For example, do not count conspiracy and a substantive offense involving the same amount of controlled substances or possession and delivery of the same amount of controlled substances.
   

1. The entire criminal transaction should be considered when scoring this variable.

2. If 3 or more offenders were involved, more than 1 offender may be determined to have been a leader.

1. This variable is scored in the Crimes Against a Person crime group only if the offense being scored is a violation of MCL 750.110a (home invasion).

2. In multiple offender or victim cases, the appropriate points may be determined by adding together the aggregate value of money or property involved, including property involved in uncharged offenses or charges dismissed under a plea agreement.

3. In cases in which the property was obtained unlawfully, lost to the lawful owner, or destroyed, use the value of the property in scoring this variable. If the property was damaged, use the monetary amount appropriate to restore the property to pre-offense condition in scoring this variable.

4. The amount of money or property involved in admitted but uncharged offenses or in charges that have been dismissed under a plea agreement may be considered.

1. Score OV 17 if an element of the offense or attempted offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive.

2. Do not score 10 points if points are given in offense variable G.
   

10

5

0

1. Score OV 18 if an element of the offense or attempted offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive.

2. "Any bodily alcohol content" means either of the following: l ) an alcohol content of not less than 0.02 grams or more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or 2) any presence of alcohol within a individual's body resulting from the consumption of intoxicating liquor other than consumption of intoxicating liquor as part of a generally recognized religious service or ceremony.
   

1. "Acts of Terrorism" and "terrorist" are defined in MCL 750.543b.

2. "Harmful biological and chemical substances," "harmful biological, chemical, or radioactive devices," and "harmful radioactive material" are defined in MCL 750.200h.

3. "Incendiary device" includes gasoline or any flammable substance, a blowtorch, fire bomb, Molotov cocktail, or other similar device.

4. "Terrorist Organization" is defined in MCL 750.543c.