Act No. 279
Public Acts of 2000
Approved by the Governor
July 7, 2000
Filed with the Secretary of State
July 10, 2000
EFFECTIVE DATE: October 1, 2000
STATE OF MICHIGAN
90TH LEGISLATURE
REGULAR SESSION OF 2000
Introduced by Senator Van Regenmorter
ENROLLED SENATE BILL No. 373
AN ACT to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 34 of chapter IX, section 14 of chapter XI, and sections 1, 11, 12, 13, 14, 15, 16a, 16b, 16c, 16d, 16f, 16g, 16h, 16i, 16k, 16l, 16m, 16o, 16p, 16r, 16s, 16t, 16u, 16v, 16w, 16x, 16y, 16z, 17, 18, 19, 21, 22, 33, 35, 43, 48, 54, and 55 of chapter XVII (MCL 769.34, 771.14, 777.1, 777.11, 777.12, 777.13, 777.14, 777.15, 777.16a, 777.16b, 777.16c, 777.16d, 777.16f, 777.16g, 777.16h, 777.16i, 777.16k, 777.16l, 777.16m, 777.16o, 777.16p, 777.16r, 777.16s, 777.16t, 777.16u, 777.16v, 777.16w, 777.16x, 777.16y, 777.16z, 777.17, 777.18, 777.19, 777.21, 777.22, 777.33, 777.35, 777.43, 777.48, 777.54, and 777.55), section 34 of chapter IX as amended by 1999 PA 227, section 14 of chapter XI as amended and sections 1, 12, 14, 15, 16a, 16b, 16c, 16h, 16i, 16k, 16m, 16o, 16p, 16r, 16s, 16t, 16u, 16v, 16w, 16x, 16y, 18, 19, 21, 22, 33, 35, 54, and 55 of chapter XVII as added by 1998 PA 317, section 11 of chapter XVII as amended by 1999 PA 90, section 13 of chapter XVII as amended by 1999 PA 61, section 16d of chapter XVII as amended by 1999 PA 192, section 16f of chapter XVII as amended by 1999 PA 45, section 16g of chapter XVII as amended by 1999 PA 39, section 16l of chapter XVII as amended by 1999 PA 168, section 16z of chapter XVII as amended by 1999 PA 186, section 17 of chapter XVII as amended by 1999 PA 67, and sections 43 and 48 of chapter XVII as amended by 1999 PA 227.
The People of the State of Michigan enact:
CHAPTER IX
Sec. 34. (1) The sentencing guidelines promulgated by order of the Michigan supreme court shall not apply to felonies enumerated in part 2 of chapter XVII committed on or after January 1, 1999.
(2) Except as otherwise provided in this subsection or for a departure from the appropriate minimum sentence range provided for under subsection (3), the minimum sentence imposed by a court of this state for a felony enumerated in part 2 of chapter XVII committed on or after January 1, 1999 shall be within the appropriate sentence range under the version of those sentencing guidelines in effect on the date the crime was committed. Both of the following apply to minimum sentences under this subsection:
(a) If a statute mandates a minimum sentence for an individual sentenced to the jurisdiction of the department of corrections, the court shall impose sentence in accordance with that statute. Imposing a mandatory minimum sentence is not a departure under this section. If a statute mandates a minimum sentence for an individual sentenced to the jurisdiction of the department of corrections and the statute authorizes the sentencing judge to depart from that minimum sentence, imposing a sentence that exceeds the recommended sentence range but is less than the mandatory minimum sentence is not a departure under this section. If the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, mandates a minimum sentence for an individual sentenced to the jurisdiction of the department of corrections and the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, 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 under this section.
(b) The court shall not impose a minimum sentence, including a departure, that exceeds 2/3 of the statutory maximum sentence.
(3) A court may depart from the appropriate sentence range established under the sentencing guidelines set forth in chapter XVII if the court has a substantial and compelling reason for that departure and states on the record the reasons for departure. All of the following apply to a departure:
(a) The court shall not use an individual's gender, race, ethnicity, alienage, national origin, legal occupation, lack of employment, representation by appointed legal counsel, representation by retained legal counsel, appearance in propria persona, or religion to depart from the appropriate sentence range.
(b) The court shall not base a departure on an offense characteristic or offender characteristic already taken into account in determining the appropriate sentence range unless the court finds from the facts contained in the court record, including the presentence investigation report, that the characteristic has been given inadequate or disproportionate weight.
(4) Intermediate sanctions shall be imposed under this chapter as follows:
(a) If the upper limit of the recommended minimum sentence range for a defendant determined under the sentencing guidelines set forth in chapter XVII is 18 months or less, the court shall impose an intermediate sanction unless the court states on the record a substantial and compelling reason to sentence the individual to the jurisdiction of the department of corrections. An intermediate sanction may include a jail term that does not exceed the upper limit of the recommended minimum sentence range or 12 months, whichever is less.
(b) If the offense is a violation of section 7401(2)(a)(iv) or 7403(2)(a)(iv) of the public health code, 1978 PA 368, MCL 333.7401 and 333.7403, and the upper limit of the recommended minimum sentence range is 18 months or less, the court shall impose a sentence of life probation absent a departure.
(c) If an attempt to commit a felony designated in offense class H in part 2 of this chapter is punishable by imprisonment for more than 1 year, the court shall impose an intermediate sanction upon conviction of that offense absent a departure.
(d) If the upper limit of the recommended minimum sentence exceeds 18 months and the lower limit of the recommended minimum sentence is 12 months or less, the court shall sentence the offender as follows absent a departure:
(i) To imprisonment with a minimum term within that range.
(ii) To an intermediate sanction that may include a term of imprisonment of not more than 12 months.
(5) If a crime has a mandatory determinant penalty or a mandatory penalty of life imprisonment, the court shall impose that penalty. This section does not apply to sentencing for that crime.
(6) As part of the sentence, the court may also order the defendant to pay any combination of a fine, costs, or applicable assessments. The court shall order payment of restitution as provided by law.
(7) If the trial court imposes on a defendant a minimum sentence that is longer or more severe than the appropriate sentence range, as part of the court's advice of the defendant's rights concerning appeal, the court shall advise the defendant orally 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.
(8) All of the following shall be part of the record filed for an appeal of a sentence under this section:
(a) An entire record of the sentencing proceedings.
(b) The presentence investigation report. Any portion of the presentence investigation report exempt from disclosure by law shall not be a public record.
(c) Any other reports or documents the sentencing court used in imposing sentence.
(9) An appeal of a sentence under this section does not stay execution of the sentence.
(10) If a minimum sentence is within the appropriate guidelines sentence range, the court of appeals shall affirm that sentence and shall not remand for resentencing absent an error in scoring the sentencing guidelines or inaccurate information relied upon in determining the defendant's sentence. A party shall not raise on appeal an issue challenging the scoring of the sentencing guidelines or challenging the accuracy of information relied upon in determining a sentence that is within the appropriate guidelines sentence range unless the party has raised the issue at sentencing, in a proper motion for resentencing, or in a proper motion to remand filed in the court of appeals.
(11) If, upon a review of the record, the court of appeals finds the trial court did not have a substantial and compelling reason for departing from the appropriate sentence range, the court shall remand the matter to the sentencing judge or another trial court judge for resentencing under this chapter.
(12) Time served on the sentence appealed under this section is considered time served on any sentence imposed after remand.
CHAPTER XI
Sec. 14. (1) Before the court sentences a person charged with a felony or a person who is a licensee or registrant under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, as described in section 1(11) of chapter IX, and, if directed by the court, in any other case in which a person is charged with a misdemeanor within the jurisdiction of the court, the probation officer shall inquire into the antecedents, character, and circumstances of the person, and shall report in writing to the court.
(2) A presentence investigation report prepared under subsection (1) shall include all of the following:
(a) An evaluation of and a prognosis for the person's adjustment in the community based on factual information contained in the report.
(b) If requested by a victim, any written impact statement submitted by the victim under the crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834.
(c) A specific written recommendation for disposition based on the evaluation and other information as prescribed by the assistant director of the department of corrections in charge of probation.
(d) A statement prepared by the prosecuting attorney as to whether consecutive sentencing is required or authorized by law.
(e) For a person to be sentenced under the sentencing guidelines set forth in chapter XVII, all of the following:
(i) For each conviction for which a consecutive sentence is authorized or required, the sentence grid in part 6 of chapter XVII that contains the recommended minimum sentence range.
(ii) Unless otherwise provided in subparagraph (i), for each crime having the highest crime class, the sentence grid in part 6 of chapter XVII that contains the recommended minimum sentence range.
(iii) Unless otherwise provided in subparagraph (i), the computation that determines the recommended minimum sentence range for the crime having the highest crime class.
(iv) A specific statement as to the applicability of intermediate sanctions, as defined in section 31 of chapter IX.
(v) The recommended sentence.
(f) If a person is to be sentenced for a felony or for a misdemeanor involving the illegal delivery, possession, or use of alcohol or a controlled substance, a statement that the person is licensed or registered under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, if applicable.
(g) Diagnostic opinions that are available and not exempted from disclosure under subsection (3).
(3) The court may exempt from disclosure in the presentence investigation report information or a diagnostic opinion that might seriously disrupt a program of rehabilitation or sources of information obtained on a promise of confidentiality. If a part of the presentence investigation report is not disclosed, the court shall state on the record the reasons for its action and inform the defendant and his or her attorney that information has not been disclosed. The action of the court in exempting information from disclosure is subject to appellate review. Information or a diagnostic opinion exempted from disclosure pursuant to this subsection shall be specifically noted in the presentence investigation report.
(4) If a prepared presentence investigation report is amended or altered before sentencing by the supervisor of the probation officer who prepared the report or by any other person who has the authority to amend or alter a presentence investigation report, the probation officer may request that the court strike his or her name from the report and the court shall comply with that request.
(5) The court shall permit the prosecutor, the defendant's attorney, and the defendant to review the presentence investigation report before sentencing.
(6) At the time of sentencing, either party may challenge, on the record, the accuracy or relevancy of any information contained in the presentence investigation report. The court may order an adjournment to permit the parties to prepare a challenge or a response to a challenge. If the court finds on the record that the challenged information is inaccurate or irrelevant, that finding shall be made a part of the record, the presentence investigation report shall be amended, and the inaccurate or irrelevant information shall be stricken accordingly before the report is transmitted to the department of corrections.
(7) On appeal, the defendant's attorney, or the defendant if proceeding pro se, shall be provided with a copy of the presentence investigation report and any attachments to the report with the exception of any information exempted from disclosure by the court under subsection (3).
(8) If the person is committed to a state penal institution, a copy or amended copy of the presentence investigation report and, if a psychiatric examination of the person has been made for the court, a copy of the psychiatric report shall accompany the commitment papers. If the person is sentenced by fine or imprisonment or placed on probation or other disposition of his or her case is made by the court, a copy or amended copy of the presentence investigation report, including a psychiatric examination report made in the case, shall be filed with the department of corrections.
(9) A prisoner under the jurisdiction of the department of corrections shall be provided with a copy of any presentence investigation report in the department's possession about that prisoner, except for information exempted from disclosure under subsection (3), not less than 30 days before a parole interview is conducted under section 35 of 1953 PA 232, MCL 791.235.
CHAPTER XVII
Sec. 1. As used in this chapter:
(a) "Aircraft" means that term as defined in section 4 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.4.
(b) "Departure" means that term as defined in section 31 of chapter IX.
(c) "Homicide" means any crime in which the death of a human being is an element of that crime.
(d) "Intermediate sanction" means that term as defined in section 31 of chapter IX.
(e) "ORV" means that term as defined in section 81101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81101.
(f) "Snowmobile" means that term as defined in section 82101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82101.
(g) "Vehicle" means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.49.
(h) "Vessel" means that term as defined in section 80104 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80104.
Sec. 11. This chapter applies to the following felonies enumerated in chapters 1 to 199 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
4.421(1) | Pub trst | G | Lobbyists -- compensation contingent on outcome | |||
of action | 3 | |||||
4.421(2) | Pub trst | G | Lobbyists giving gifts | 3 | ||
18.366(1) | Property | E | False presentation to crime victim services | |||
commission to obtain more than $100 | 10 | |||||
18.1268(9) | Pub trst | H | Purposefully submitting false business certification | Fine | ||
21.154 | Pub trst | E | Public officer -- embezzlement | 5 | ||
28.214(4)(b) | Pub trst | F | Unauthorized disclosure of information from law | |||
enforcement information network -- subsequent | ||||||
offense | 4 | |||||
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 | ||
28.295(3) | Property | H | Using stolen state ID card to commit felony | Variable | ||
28.295a(1) | Pub ord | H | False representation to obtain or misuse personal | |||
information | 4 | |||||
28.295a(2) | Pub ord | G | False representation to obtain or misuse personal | |||
information -- second offense | 7 | |||||
28.295a(3) | Pub ord | C | False representation to obtain or misuse personal | |||
information -- third or subsequent offense | 15 | |||||
28.422 | Pub saf | G | Pistols -- license application forgery | 4 | ||
28.729(1)(a) | Pub ord | F | Failure to register as a sex offender, first offense | 4 | ||
28.729(1)(b) | Pub ord | D | Failure to register as a sex offender, second offense | 7 | ||
28.729(1)(c) | Pub ord | D | Failure to register as a sex offender, third or | |||
subsequent offense | 10 | |||||
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 | |||||
38.412a(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 | |||||
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 rep | 15 | |||||
125.1447 | Property | G | Michigan state housing development authority -- | |||
false pretenses over $100 | 10 | |||||
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 | |||||
168.757 | Pub trst | E | Election inspector -- unlawful conduct | 5 | ||
168.759(8) | Pub trst | E | Forged signature on absentee ballot | 5 | ||
168.759b | 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 | |||||
168.769(4) | Pub trst | E | Voting both in person and by absentee ballot | 5 | ||
168.792a(11) | Pub trst | E | Disclosing how ballot voted or election results early | |||
before polls are closed | 5 | |||||
168.792a(16) | Pub trst | E | Disclosing election result or how ballot voted | 5 | ||
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 | |||||
168.932a | Pub trst | G | Election offenses | 4 | ||
168.933 | Pub trst | E | False swearing to register or vote | 5 | ||
168.936 | Pub trst | E | Election law -- perjury | 5 | ||
168.937 | Pub trst | E | Election law -- forgery | 5 | ||
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 |
Sec. 12. This chapter applies to the following felonies enumerated in chapters 200 to 299 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
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(1)(e) | Pub trst | G | State employee compromising taxes | 5 | ||
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 more | 5 | |||||
205.428(6) | Pub trst | F | Illegal tobacco stamp or tobacco stamp device | 10 | ||
205.428(7) | Pub trst | G | Illegal vending machine license, disk, or marker | 5 | ||
207.118a | Pub ord | G | Gasoline tax -- embezzlement over $100 | 10 | ||
207.119 | Pub trst | G | Gasoline or motor fuel tax violation | 4 | ||
207.127c | Pub ord | G | Diesel fuel tax -- embezzlement over $100 | 10 | ||
207.754(3) | Pub trst | G | State treasurer -- municipality tax -- divulging | |||
confidential information | 5 | |||||
252.311 | Property | H | Destroying a tree or shrub to make a sign more visible | 2 | ||
257.233a(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 | |||||
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 | 15 | |||||
257.602a(2) | Pub saf | G | Fleeing and eluding -- fourth degree | 2 | ||
257.602a(3) | Pub saf | E | Fleeing and eluding -- third degree | 5 | ||
257.602a(4) | Person | D | Fleeing and eluding -- second degree | 10 | ||
257.602a(5) | Person | C | Fleeing and eluding -- first degree | 15 | ||
257.617 | Person | E | Failure to stop at scene of a serious personal injury | |||
accident | 5 | |||||
257.625(4) | Person | C | Operating a vehicle under the influence or while | |||
impaired causing death | 15 | |||||
257.625(5) | Person | E | Operating a vehicle under the influence or while | |||
impaired causing serious impairment of body | ||||||
function | 5 | |||||
257.625(7)(a)(ii) | Person | E | Operating a vehicle under the influence or while | |||
impaired with a minor in the vehicle -- | ||||||
subsequent offense | 5 | |||||
257.625(8)(c) | Pub saf | E | Operating a vehicle under the influence -- third or | |||
subsequent offense | 5 | |||||
257.625(9)(b) | Person | E | Allowing a vehicle to be operated while under the | |||
influence or impaired causing death | 5 | |||||
257.625(9)(c) | Person | G | Allowing a vehicle to be operated while under the | |||
influence or impaired causing serious impairment | 2 | |||||
257.625(10)(c) | Pub saf | E | Impaired driving -- third or subsequent offense | 5 | ||
257.625k(7) | Pub saf | D | Knowingly providing false information concerning | |||
an ignition interlock device | 10 | |||||
257.625k(9) | Pub saf | D | Failure to report that an ignition interlock device | |||
does not meet legal requirements | 10 | |||||
257.625m(5) | Pub saf | E | Commercial drunk driving -- third or subsequent offense | 5 | ||
257.744a | Pub saf | D | False statement in citation -- perjury | 15 | ||
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 | ||
257.904(5) | Person | E | Operating a vehicle without a license causing serious | |||
impairment | 5 | |||||
257.904(7) | Person | G | Allowing a vehicle to be operated without a license | |||
causing serious impairment | 2 | |||||
Person | E | Allowing a vehicle to be operated without a license | ||||
causing death | 5 | |||||
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 | ||
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 | |||||
259.185(8) | Pub saf | G | Operating or serving as crew of aircraft while under | |||
the influence -- third or subsequent offense | 5 | |||||
285.82 | Pub trst | H | Grain dealers act violations | 5 | ||
285.279 | Pub trst | E | Falsely obtaining money -- agricultural land | 10 | ||
286.455(2) | Pub saf | G | Agriculture -- hazardous substance | 5 | ||
287.77(1) | Pub saf | H | Agriculture -- livestock condemnation | 4 | ||
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 | ||
287.744(1) | Pub ord | G | Animal industry act violations | 5 | ||
287.855 | Pub saf | G | Agriculture -- contaminating livestock/false | |||
statement/violation of quarantine | 5 | |||||
287.967(5) | Pub ord | G | Cervidae producer violation | 4 | ||
288.223 | Pub saf | G | Sale or labeling of oleomargarine violations | 3 | ||
288.257 | Pub saf | G | Margarine violations | 3 | ||
288.284 | Pub trst | H | Selling falsely branded cheese | 2 | ||
289.5107(2) | Pub saf | F | Adulterated, misbranded, or falsely identified food | 4 | ||
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 | |||||
290.650b(3) | Pub trst | H | Motor fuels violations | 2 |
Sec. 13. This chapter applies to the following felonies enumerated in chapters 300 to 399 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
324.1608 | Person | G | Resisting and obstructing conservation officer | 2 | ||
324.2157(3) | Property | H | State owned property -- damages of $1,000 or more | 180 days | ||
324.3115(2) | Pub saf | H | Waste discharge violations -- second offense | 2 | ||
324.5531(4) | Pub saf | H | Knowingly releasing pollutants | 2 | ||
324.5531(5) | Pub saf | G | Knowingly releasing pollutants-- causing death or | |||
serious bodily injury | 6 | |||||
324.5531(6) | Pub saf | C | Knowingly releasing pollutants -- resulting in | |||
death or serious bodily injury | 15 | |||||
324.8905(2) | Pub saf | H | Infectious waste/pathological waste/sharps -- | |||
littering violation | 2 | |||||
324.8905(3) | Pub saf | G | Infectious waste/pathological waste/sharps -- | |||
littering violation -- second offense | 5 | |||||
324.11151(2) | Pub saf | H | Hazardous waste violations -- second or subsequent | |||
offense | 2 | |||||
324.11151(3) | Pub saf | H | Hazardous waste violation -- with disregard for | |||
human life | 2 | |||||
324.11151(3) | Pub saf | G | Hazardous waste violation -- with extreme | |||
indifference for human life | 5 | |||||
324.12116(2) | Pub saf | H | Waste -- false statement or entry in a license | |||
application | 2 | |||||
324.20139(3) | Pub saf | H | Hazardous waste -- knowingly releases or causes | |||
the release | 2 | |||||
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 | |||||
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 purposes | 2 | ||
324.40118(11) | Pub ord | G | Wildlife conservation -- buying selling protected | |||
animals -- subsequent offense | 4 | |||||
324.51120(2) | Property | H | Removing forest products over $2,500 | 3 | ||
324.51512 | Pub saf | D | Willfully setting forest fires | 10 | ||
324.52908(3) | Property | H | Illegally cutting, removing, or transporting tree or | |||
other plant involving $1,000 or more | 180 days | |||||
324.61511 | Pub trst | G | False affidavit under NREPA | 5 | ||
324.61521(1) | Pub trst | G | Evading rule under NREPA | 3 | ||
324.76107(4) | Pub trst | G | Recovering abandoned property in Great Lakes | |||
without permit | 2 | |||||
324.80130d(1) | Pub ord | H | False representation to obtain personal information | 4 | ||
324.80130d(2) | Pub ord | G | False representation to obtain personal information -- | |||
second offense | 7 | |||||
324.80130d(3) | Pub ord | C | False representation to obtain personal information -- | |||
third or subsequent offense | 15 | |||||
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 causing death | 15 | ||
324.80176(5) | Person | E | Operating a vessel under the influence causing | |||
long-term incapacitating injury | 5 | |||||
324.80177(1)(c) | Pub saf | E | Operating a vessel under the influence -- third or | |||
subsequent offense | 5 | |||||
324.80319a(1) | Pub ord | H | False representation to obtain personal information | 4 | ||
324.80319a(2) | Pub ord | G | False representation to obtain personal information -- | |||
second offense | 7 | |||||
324.80319a(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(7) | Person | C | Operating an ORV under the influence causing death | 15 | ||
324.81134(8) | Person | E | Operating an ORV under the influence causing serious | |||
impairment | 5 | |||||
324.82126c(1) | Person | G | Operating a snowmobile carelessly or negligently | |||
causing death or serious impairment | 2 | |||||
324.82126C(2) | Person | G | Operating a snowmobile without regard to safety | |||
causing serious impairment | 2 | |||||
324.82127(4) | Person | C | Operating a snowmobile under the influence causing | |||
death | 15 | |||||
324.82127(5) | Person | E | Operating a snowmobile under the influence causing | |||
long-term incapacitating injury | 5 | |||||
324.82128(1)(c) | Pub saf | E | Operating a snowmobile under the influence -- third or | |||
subsequent offense | 5 | |||||
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 | |||||
328.232 | Property | E | Conversion of funeral contracts | 5 | ||
333.2685 | Person | E | Use of a live human embryo, fetus for nontherapeutic | |||
research | 5 | |||||
333.2688 | Person | E | Research on dead embryo or fetus without mother's | |||
consent | 5 | |||||
333.2689 | Person | E | Abortion to obtain embryo | 5 | ||
333.2690 | Person | E | Sale or delivery of fetus or embryo | 5 | ||
333.2813(3) | Pub trst | F | Unauthorized disclosure of social security number -- | |||
subsequent offense | 4 | |||||
333.2835(9) | Pub trst | G | Disclosing confidential information -- abortion | 3 | ||
333.5210 | Person | F | AIDS -- sexual penetration with uninformed partner | 4 | ||
333.5661 | Person | F | Fraud resulting in patient death | 4 | ||
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 of | |||
certain schedule 1 or 2 controlled substances | Life | |||||
333.7401(2)(a)(ii) | CS | A | Delivery or manufacture of 225 or more but less | |||
than 650 grams of certain schedule 1 or 2 | ||||||
controlled substances | 30 | |||||
333.7401(2)(a)(iii) | CS | B | Delivery or manufacture of 50 or more but less | |||
than 225 grams of certain schedule 1 or 2 | ||||||
controlled substances | 20 | |||||
333.7401(2)(a)(iv) | CS | D | Delivery or manufacture of less than 50 grams of | |||
certain schedule 1 or 2 controlled substances | 20 | |||||
333.7401(2)(b) | CS | E | Delivery or manufacture of schedule 1, 2, or 3 | |||
controlled substance except marijuana | 7 | |||||
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 or more kilograms | |||
of marijuana | 15 | |||||
333.7401(2)(d)(ii) | CS | D | Delivery or manufacture of 5 or more but less | |||
than 45 kilograms of marijuana | 7 | |||||
333.7401(2)(d)(iii) | CS | F | Delivery or manufacture of less than 5 kilograms or | |||
20 plants of marijuana | 4 | |||||
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 | |||||
333.7401(2)(g) | CS | D | Delivery or manufacture of prescription or counterfeit | |||
form (other than official) | 7 | |||||
333.7401a | Person | B | Delivering a controlled substance with intent to | |||
commit criminal sexual conduct | 20 | |||||
333.7402(2)(a) | CS | D | Delivery or manufacture of an imitation controlled | |||
substance | 10 | |||||
333.7402(2)(b) | CS | E | Delivery or manufacture of schedule 1, 2, or 3 | |||
imitation controlled substance | 5 | |||||
333.7402(2)(c) | CS | F | Delivery or manufacture of imitation schedule 4 | |||
controlled substance | 4 | |||||
333.7402(2)(d) | CS | G | Delivery or manufacture of imitation schedule 5 | |||
controlled substance | 2 | |||||
333.7402(2)(e) | CS | C | Delivery or manufacture of controlled substance | |||
analogue | 15 | |||||
333.7403(2)(a)(i) | CS | A | Possession of 650 or more grams of certain schedule | |||
1 or 2 controlled substances by juvenile | Life | |||||
333.7403(2)(a)(ii) | CS | A | Possession of 225 or more but less than 650 grams | |||
of certain schedule 1 or 2 controlled substances | 30 | |||||
333.7403(2)(a)(iii) | CS | B | Possession of 50 or more but less than 225 grams | |||
of certain schedule 1 or 2 controlled substances | 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 | |||||
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 controlled substances | ||||||
analogue | 2 | |||||
333.7403(2)(e) | CS | H | Possession of official prescription form | 1 | ||
333.7405(a) | CS | G | Controlled substance violations by licensee | 2 | ||
333.7405(b) | CS | G | Manufacturing or distribution violations by licensee | 2 | ||
333.7405(c) | CS | G | Refusing lawful inspection | 2 | ||
333.7405(d) | CS | G | Maintaining drug house | 2 | ||
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 | ||
333.7407(1)(g) | CS | F | Possession of counterfeit prescription form | 4 | ||
333.7407(2) | CS | G | Refusing to furnish records under controlled | |||
substance article | 4 | |||||
333.7410A | CS | G | Controlled substance offense in or near a park | 2 | ||
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 | |||||
333.10205 | Pub saf | F | Removal of a human organ in an unapproved facility | 4 | ||
333.13738(2) | Pub saf | F | Waste disposal violations -- second offense | 5 | ||
333.13738(3) | Pub saf | F | Disposing of waste -- indifference to human life | 2 | ||
Pub saf | B | Disposing of waste -- extreme indifference to human | ||||
life | 20 | |||||
333.16170(3) | Pub trst | F | False representation -- health professional recovery | |||
program | 4 | |||||
333.16294 | Pub saf | F | Health profession -- unauthorized practice | 4 | ||
333.17766a(2) | CS | F | Possession of steroids -- subsequent offense | 4 | ||
333.17766a(3) | CS | E | Delivery or manufacture of steroids | 7 | ||
333.17766a(4) | CS | G | Delivery of imitation steroids | 7 | ||
333.17766c(2) | CS | G | Possession of more than 10 grams ephedrine | 2 | ||
333.20142(5) | Pub trst | F | False statement -- application licensure health facility | 4 | ||
333.21792 | Pub trst | G | Nursing homes -- referral fees/bribing officials/ | |||
accepting bribes | 4 | |||||
338.3434A(2) | Pub trst | F | Unauthorized disclosure of a social security number -- | |||
subsequent offense | 4 | |||||
388.936 | Pub trst | F | Knowingly making false statement -- school district | |||
loans | 4 | |||||
388.962 | Pub trst | F | Knowingly making false statement -- school district | |||
loans | 4 |
Sec. 14. This chapter applies to the following felonies enumerated in chapters 400 to 499 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
400.60(2) | Property | H | Welfare -- obtaining over $500 by failure to inform | 4 | ||
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 | |||||
Pub saf | F | Adult foster care -- unlicensed facility -- second | ||||
or subsequent violation | 5 | |||||
400.722(4) | Pub saf | F | Adult foster care -- maintaining operation after | |||
refusal of licensure | 5 | |||||
408.1035(5) | Person | H | MIOSHA violation causing employee death | 1 | ||
Person | G | MIOSHA violation causing employee death -- | ||||
subsequent offense | 3 | |||||
408.1035a(5) | Person | H | MIOSHA violation causing employee death | 1 | ||
Person | G | MIOSHA violation causing employee death -- | ||||
subsequent offense | 3 | |||||
409.122(2) | Person | G | Employment of children during certain hours -- | |||
second offense | 2 | |||||
Person | E | Employment of children during certain hours -- | ||||
third or subsequent offense | 10 | |||||
409.122(3) | Person | D | Employment of children in child sexually abusive | |||
activity | 20 | |||||
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 | |||
misrepresent 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 | |||||
421.54a | Property | G | Unemployment comp fraud -- false statement as | |||
condition of employment | 10 | |||||
421.54b(b)(i) | Property | H | Unemployment comp fraud -- conspiracy with loss | |||
of $25,000 or less | 2 | |||||
421.54b(b)(ii) | Property | G | Unemployment comp fraud -- conspiracy with loss | |||
over $25,000 | 5 | |||||
421.54b(b)(iii) | Property | H | Unemployment comp fraud -- conspiracy with no | |||
actual loss | 2 | |||||
421.54c(b)(ii) | Property | H | Unemployment comp fraud -- embezzlement of | |||
$25,000 to under $100,000 | 2 | |||||
421.54c(b)(iii) | Property | G | Unemployment comp fraud -- embezzlement of | |||
$100,000 or more | 5 | |||||
421.54c(b)(iv) | Property | H | Unemployment comp fraud -- embezzlement with | |||
no actual loss | 2 | |||||
431.257 | Pub trst | G | Racing, boxing and exhibition racing | 2 | ||
431.307(8) | Pub trst | G | Horse racing -- testifying falsely to commissioner | |||
while under oath | 4 | |||||
431.330(4) | Pub trst | G | Horse racing -- administering a drug that could | |||
affect racing condition | 5 | |||||
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 | ||
432.218 | Pub ord | D | Casino gaming offenses | 10 | ||
436.1701(2) | Person | D | Selling alcohol to a minor and causing death | 10 | ||
436.1909(3) | Pub ord | H | Liquor violation | 1 | ||
436.1919 | Pub ord | H | Fraudulent documents, labels, or stamps | 1 | ||
438.41 | Property | E | Criminal usury | 5 | ||
440.9307(4) | Property | G | Farming -- illegal sale of secured products | 3 | ||
442.219 | Pub trst | E | Sales -- false statement | 5 | ||
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 | ||
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 | ||
445.490 | Pub ord | H | Precious metal and gem dealer failure to obtain a | |||
certificate of registration | 2 | |||||
445.779 | Pub ord | H | Antitrust violation | 2 | ||
445.1505 | Pub trst | G | Franchise investment law -- fraudulent filing/offers | 7 | ||
445.1508 | Pub trst | G | Franchise investment law -- sale without proper | |||
disclosure | 7 | |||||
445.1513 | Pub trst | G | Franchise investment law -- illegal offers/sales | 7 | ||
445.1520 | Pub trst | G | Franchise investment law -- keeping records | 7 | ||
445.1521 | Pub trst | G | Franchise investment law -- false representation | 7 | ||
445.1523 | Pub trst | G | Franchise investment law -- false statements of | |||
material fact | 7 | |||||
445.1525 | Pub trst | G | Franchise investment law -- false advertising | 7 | ||
445.1528 | Pub trst | D | Pyramid/chain promotions -- offer or sell | 7 | ||
445.1671 | Pub trst | E | Mortgage brokers, lenders -- knowingly giving a false | |||
statement | 15 | |||||
445.1679 | Pub trst | H | Mortgage brokers act -- general violations | 3 | ||
450.775 | Pub ord | H | Corporations -- minority and woman owned businesses | 2 | ||
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 | ||
451.502 | Pub trst | E | Blue sky laws -- investment advisor/agent fraud | 10 | ||
451.503 | Pub trst | E | Blue sky laws -- make/sell false bullion/certificates | 10 | ||
451.601 | Pub trst | E | Blue sky laws -- unregistered broker/dealer/agent/ | |||
advisor | 10 | |||||
451.603(h) | Pub trst | E | Blue sky laws -- fail to notify administrator of | |||
sanctions | 10 |
451.604(a)(1)(J) to
(S) and (V) to (Z) | Pub trst | E | Blue sky laws -- various violations | 10 | |
451.701 | Pub trst | E | Blue sky laws -- offer/sell unregistered securities | 10 | |
451.802 | Pub trst | E | Blue sky laws -- unlawfully selling securities | 10 | |
451.804 | Pub trst | E | Blue sky laws -- willful false statements | 10 | |
451.805(b) | Pub trst | E | Blue sky laws -- false representation of | ||
administrative approval | 10 | ||||
451.806(b) | Pub trst | E | Blue sky laws -- improper disclosure by cor and | ||
sec bur employee | 10 | ||||
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 | ||||
472.36 | Pub saf | A | Street railways -- obstruction of track | Life | |
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 | |
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 | ||||
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 | |
493.56a(13) | Pub trst | C | False statement in reports -- secondary mortgage | 15 | |
493.77(2) | Pub trst | H | Regulatory loans | 3 |
Sec. 15. This chapter applies to the following felonies enumerated in chapters 500 to 749 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
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 | |||||
551.6 | Person | H | Marriage license -- mental or venereal disease | 5 | ||
551.102(2) | Pub trst | F | Unauthorized disclosure of social security number -- | |||
subsequent offense | 4 | |||||
554.836 | Property | E | Real and property -- living care disclosure act | 7 | ||
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 | ||
570.152 | Property | G | Contractor -- fraudulent use of building contract fund | 3 | ||
570.1110 | Property | F | Contractor -- false sworn statements over $100 | 4 | ||
570.1207 | Property | G | Construction liens -- false information | 4 | ||
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 | ||
600.2907a | 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 | |||||
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 placing child -- | |||
subsequent violation | 4 | |||||
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.6B(3) | Pub ord | G | Violation of court order -- subsequent conviction | 2 | ||
722.633(5)(b) | Person | F | Intentional false report of child abuse constituting a | |||
felony | 4 | |||||
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 | |||||
722.859(3) | Person | E | Surrogate parenting act -- contracts for compensation | 5 |
Sec. 16a. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | |
750.11 | Person | A | Taking a woman and compelling her to marry | Life | |
750.12 | Person | H | Taking a woman with intent to compel her to marry | 10 | |
750.13 | Person | D | Enticing female under 16 for immoral purposes | 10 | |
750.14 | Person | C | Abortion resulting in death of female | 15 | |
Person | G | Abortion | 4 | ||
750.30 | Pub ord | H | Adultery | 4 | |
750.32 | Pub ord | H | Cohabitation of divorced parties | 4 |
Sec. 16b. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category Class | Description | Stat Max | ||
750.49(2)(a) to (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 | |
Pub ord | F | Animal neglect or cruelty -- third or subsequent | |||
offense | 4 | ||||
750.50b(2) | Property | F | Killing or torturing animals | 4 | |
750.50c(5) | Pub ord | E | Killing or causing serious physical harm to law | ||
enforcement animal | 5 | ||||
750.50c(7) | Pub saf | H | Harassing or causing harm to law enforcement | ||
animal while committing crime | 2 | ||||
750.68 | Property | G | Changing brands with intent to steal | 4 |
Sec. 16c. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category Class | Description | Stat Max | ||
750.72 | Person | B | Arson of a dwelling house | 20 | |
750.73 | Property | D | Arson of real property | 10 | |
750.74 | Person | E | Arson of personal property having a value of | ||
$1,000 to $20,000 or with prior convictions | 5 | ||||
750.74(1)(d) | Person | D | Arson of personal property of $20,000 or more | ||
or with prior convictions | 10 | ||||
750.75 | Property | D | Arson of insured property | 10 | |
750.77(1)(c) | Person | E | Preparing to burn personal property having a | ||
value of $1,000 to $20,000 or with prior | |||||
convictions | 5 | ||||
750.77(1)(d) | Person | D | Preparing to burn personal property of $20,000 | ||
or more or with prior convictions | 10 | ||||
750.78 | Pub saf | F | Arson of woods and prairies | 4 | |
750.79 | Pub saf | F | Violating township rules concerning clearing of | ||
land and burning | 4 | ||||
750.80 | Property | D | Arson of mines | Life |
Sec. 16d. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
750.81(4) | Person | G | Domestic assault with prior convictions | 2 | ||
750.81a(3) | Person | G | Aggravated domestic assault with prior convictions | 2 | ||
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 | |||||
750.86 | 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 | ||
750.90a | Person | A | Assault against a pregnant individual causing | |||
miscarriage or stillbirth with intent or recklessness | Life | |||||
750.90b(a) | Person | C | Assault against a pregnant individual resulting in | |||
miscarriage or stillbirth | 15 | |||||
750.90b(b) | Person | D | Assault against a pregnant individual resulting in | |||
great bodily harm to embryo or fetus | 10 | |||||
750.90c(a) | Person | C | Gross negligence against a pregnant individual | |||
resulting in miscarriage or stillbirth | 15 | |||||
750.90c(b) | Person | E | Gross negligence against a pregnant individual | |||
resulting in great bodily harm to embryo or fetus | 5 | |||||
750.90d(a) | Person | C | Operating a vehicle under the influence or while | |||
impaired causing miscarriage or stillbirth | 15 | |||||
750.90d(b) | Person | E | Operating a vehicle under the influence or while | |||
impaired causing serious or aggravated injury to | ||||||
embryo or fetus | 5 | |||||
750.90e | Person | G | Careless or reckless driving causing miscarriage or | |||
stillbirth | 2 | |||||
750.90g(3) | Person | A | Performance of procedure on live infant with intent | |||
to cause death | Life | |||||
750.91 | Person | A | Attempted murder | Life |
Sec. 16f. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
750.110 | Property | D | Breaking and entering with intent to commit felony | |||
or larceny | 10 | |||||
750.110a(2) | Person | B | Home invasion -- first degree | 20 | ||
750.110a(3) | Person | C | Home invasion -- second degree | 15 | ||
750.110a(4) | Person | E | Home invasion -- third degree | 5 | ||
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 | ||
750.119 | Pub trst | F | Bribing a juror or other person | 4 | ||
750.120 | Pub trst | F | Juror or other person accepting a bribe | 4 | ||
750.121 | Pub trst | F | Bribing a public officer to influence contract | 4 | ||
750.124 | Pub trst | G | Bribing an athlete | 4 | ||
750.128 | Pub ord | H | Bucket shop violation | 2 | ||
750.131(3)(b)(ii) | Property | G | NSF checks -- $100 to $500 -- third or subsequent | |||
offense | 2 | |||||
750.131(3)(c) | Property | G | NSF checks -- $500 or more | 2 | ||
750.131a(1) | Property | H | No account checks | 2 | ||
750.131a(2) | Property | H | NSF checks, 3 or more within 10 days | 2 |
Sec. 16g. (1) This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
750.135 | Person | D | Exposing children with intent to injure or abandon | 10 | ||
750.136b(f)(2) | Person | B | Child abuse -- first degree | 15 | ||
750.136b(f)(3) | Person | F | Child abuse -- second degree | 4 | ||
750.136b(f)(4) | Person | G | Child abuse -- third degree | 2 | ||
750.136c | Person | B | Buying or selling an individual | 20 | ||
750.145b | Person | F | Accosting children for immoral purposes -- | |||
subsequent offense | 4 | |||||
750.145c(2) | Person | B | Child sexually abusive activity or materials -- | |||
active involvement | 20 | |||||
750.145c(3) | Person | D | Child sexually abusive activity or materials -- | |||
distributing, promoting, or financing | 7 | |||||
750.145d(2)(b) | Variable | G | Using internet or computer to commit crime | |||
punishable by a maximum term of imprisonment | ||||||
of at least 1 year but less than 2 years | 2 | |||||
750.145d(2)(c) | Variable | F | Using internet or computer to commit crime | |||
punishable by a maximum term of imprisonment | ||||||
of at least 2 years but less than 4 years | 4 | |||||
750.145d(2)(d) | Variable | D | Using internet or computer to commit crime | |||
punishable by a maximum term of imprisonment | ||||||
of at least 4 years but less than 10 years | 10 | |||||
750.145d(2)(e) | Variable | C | Using internet or computer to commit crime | |||
punishable by a maximum term of imprisonment | ||||||
of at least 10 years but less than 15 years | 15 | |||||
750.145d(2)(f) | Variable | B | Using internet or computer to commit crime | |||
punishable by a maximum term of imprisonment | ||||||
of at least 15 years or for life | 20 | |||||
750.145n(1) | Person | C | Vulnerable adult abuse -- first degree | 15 | ||
750.145n(2) | Person | F | Vulnerable adult abuse -- second degree | 4 | ||
750.145n(3) | Person | G | Vulnerable adult abuse -- third degree | 2 | ||
750.145o | Person | E | Death of vulnerable adult caused by unlicensed | |||
caretaker | 5 | |||||
750.145p(1) | Person | G | Vulnerable adult -- commingling funds, obstructing | |||
investigation, or filing false information | 2 | |||||
750.145p(2) | Person | G | Retaliation or discrimination by caregiver against | |||
vulnerable adult | 2 | |||||
750.145p(5) | Person | E | Vulnerable adult -- caregiver violations -- subsequent | |||
offense | 5 | |||||
750.147b | Person | G | Ethnic intimidation | 2 |
(2) For a violation of section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d, determine the offense category, offense variable level, and prior record variable level based on the underlying offense.
Sec. 16h. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
750.149 | Pub saf | F | Concealing an offense punishable by life | 4 | ||
750.157a(b) | Pub ord | H | Conspiracy -- gambling | 5 | ||
750.157a(d) | Pub ord | G | Conspiracy to commit legal act in illegal manner | 5 | ||
750.157b(2) | Person | A | Solicitation of murder | Life | ||
750.157b(3)(a) | Pub ord | E | Solicitation of felony punishable by life or | |||
5 or more years | 5 | |||||
750.157b(3)(b) | Pub ord | G | Solicitation of felony punishable by less than 5 years | 2 | ||
750.157n(1) | Property | H | Financial transaction device -- stealing, retaining, | |||
or using without consent | 4 | |||||
750.157n(2) | Property | H | Possessing fraudulent or altered financial | |||
transaction device | 4 | |||||
750.157p | Property | H | Possessing financial transaction device without | |||
permission and with intent to use or sell | 4 | |||||
750.157q | Property | H | Delivery or sale of fraudulent financial transaction device | 4 | ||
750.157r | Property | H | Financial transaction device -- forgery, alteration, | |||
or counterfeiting | 4 | |||||
750.157s(1)(b)(ii) | Property | H | Using revoked or canceled financial transaction | |||
device involving $100 to $500 with prior convictions | 2 | |||||
750.157s(1)(c) | Property | H | Use of revoked or canceled financial transaction | |||
device involving $500 or more | 2 | |||||
750.157t | Property | H | Furnishing goods or services to person committing | |||
violation with financial transaction device | 4 | |||||
750.157u | Property | H | Overcharging person using financial transaction device | 4 | ||
750.157v | Property | H | False statement of identity to obtain financial | |||
transaction device | 4 | |||||
750.157w(1)(c) | Property | E | Fraudulently withdrawing or transferring $1,000 | |||
to $20,000 with financial transaction device | 5 | |||||
750.157w(1)(d) | Property | D | Fraudulently withdrawing or transferring $20,000 | |||
or more with financial transaction device | 10 |
Sec. 16i. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
750.158 | Pub ord | E | Sodomy | 15 | ||
750.159j | Pub saf | B | Racketeering | 20 | ||
750.160 | Pub ord | D | Disinterring or mutilating dead human bodies | 10 | ||
750.160a | Pub ord | H | Photographing dead human bodies | 2 | ||
750.161 | Pub ord | G | Desertion/abandonment/nonsupport | 3 | ||
750.164 | Pub ord | F | Desertion to escape prosecution | 4 | ||
750.165 | Pub ord | F | Failing to pay support | 4 | ||
750.171 | Person | E | Duelling | 10 | ||
750.174(4) | Property | E | Embezzlement by agent of $1,000 to $20,000 | |||
with prior convictions | 5 | |||||
750.174(5) | Property | D | Embezzlement by agent of $20,000 or more | |||
or $1,000 to $20,000 with prior convictions | 10 | |||||
750.174a(4) | Property | E | Embezzlement by person in a relationship of | |||
trust with a vulnerable adult of $1,000 to | ||||||
$20,000 or with prior convictions | 5 | |||||
750.174a(5) | Property | D | Embezzlement by person in a relationship of trust | |||
with a vulnerable adult of $20,000 or more | ||||||
or $1,000 to $20,000 with prior convictions | 10 | |||||
750.175 | Pub trst | D | Embezzlement by public official over $50 | 10 | ||
750.176 | Pub trst | E | Embezzlement by administrator/executor/guardian | 10 | ||
750.177(2) | Property | D | Embezzlement by chattel mortgagor of $20,000 | |||
or more or $1,000 to $20,000 with prior convictions | 10 | |||||
750.177(3) | Property | E | Embezzlement by chattel mortgagor of $1,000 to | |||
$20,000 or with prior convictions | 5 | |||||
750.178(2) | Property | D | Embezzlement of mortgaged or leased property of | |||
$20,000 or more or $1,000 to $20,000 with | ||||||
prior convictions | 10 | |||||
750.178(3) | Property | E | Embezzling mortgaged or leased property with | |||
value of $1,000 to $20,000 or with prior convictions | 5 | |||||
750.179 | Property | G | Embezzlement of railroad tickets | 4 | ||
750.180 | Property | D | Embezzlement by financial institutions | 20 | ||
750.181(4) | Property | E | Embezzling jointly held property with value of | |||
$1,000 to $20,000 or with prior convictions | 5 | |||||
750.181(5) | Property | D | Embezzling jointly held property with value of $20,000 | |||
or more or $1,000 to $20,000 with prior convictions | 10 | |||||
750.182 | Property | G | Embezzlement by warehouses | 4 | ||
750.182a | Pub trst | H | Falsifying school records | 2 |
Sec. 16k. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
750.200 | Pub saf | E | Transporting an explosive by common carrier | 5 | ||
750.200i(2)(a) | Pub saf | C | Manufacturing or using a harmful device | 15 | ||
750.200i(2)(b) | Property | B | Harmful device causing property damage | 20 | ||
750.200i(2)(c) | Person | A | Harmful device causing personal injury | 25 | ||
750.200i(2)(d) | Person | A | Harmful device causing serious impairment | Life | ||
750.200j(2)(b) | Property | F | Irritant or irritant device causing property damage | 4 | ||
750.200j(2)(c) | Person | D | Irritant or irritant device causing personal injury | 10 | ||
750.200j(2)(d) | Person | A | Irritant or irritant device causing serious impairment | 25 | ||
750.200j(2)(e) | Person | A | Irritant or irritant device causing death | Life | ||
750.201 | Pub saf | E | Transporting certain types of explosives | 5 | ||
750.202 | Pub saf | F | Shipping an explosive with false markings or invoice | 4 | ||
750.204(2)(a) | Pub saf | C | Sending an explosive with malicious intent | 15 | ||
750.204(2)(b) | Property | B | Sending an explosive causing property damage | 20 | ||
750.204(2)(c) | Person | A | Sending an explosive causing physical injury | 25 | ||
750.204(2)(d) | Person | A | Sending an explosive causing serious impairment | Life | ||
750.204a | Pub saf | E | Sending or transporting an imitation explosive | |||
device with malicious intent | 5 | |||||
750.207(2)(a) | Pub saf | C | Placing an explosive with malicious intent | 15 | ||
750.207(2)(b) | Property | B | Placing an explosive causing property damage | 20 | ||
750.207(2)(c) | Person | A | Placing an explosive causing physical injury | 25 | ||
750.207(2)(d) | Person | A | Placing an explosive causing serious impairment | Life | ||
750.209(1)(a) | Pub saf | C | Placing an offensive or injurious substance with | |||
intent to injure | 15 | |||||
750.209(1)(b) | Property | B | Placing an offensive or injurious substance causing | |||
property damage | 20 | |||||
750.209(1)(c) | Person | A | Placing an offensive or injurious substance causing | |||
physical injury | 25 | |||||
750.209(1)(d) | Person | A | Placing an offensive or injurious substance causing | |||
serious impairment | Life | |||||
750.209(2) | Pub saf | E | Placing an offensive or injurious substance with | |||
intent to alarm or annoy | 5 | |||||
750.209a | Pub saf | D | Possessing an explosive device in public place | 10 | ||
750.210(2)(a) | Pub saf | C | Possessing or carrying an explosive or combustible | |||
substance with malicious intent | 15 | |||||
750.210(2)(b) | Property | B | Possessing or carrying an explosive or combustible | |||
substance causing property damage | 20 | |||||
750.210(2)(c) | Person | A | Possessing or carrying an explosive or combustible | |||
substance causing physical injury | 25 | |||||
750.210(2)(d) | Person | A | Possessing or carrying an explosive or combustible | |||
substance causing serious impairment | Life | |||||
750.210a | Pub saf | H | Sale of valerium | 5 | ||
750.211a(2)(a) | Pub saf | C | Manufacturing or possessing an explosive or | |||
incendiary device with malicious intent | 15 | |||||
750.211a(2)(b) | Property | B | Manufacturing or possessing an explosive or | |||
incendiary device causing property damage | 20 | |||||
750.211a(2)(c) | Person | A | Manufacturing or possessing an explosive or | |||
incendiary device causing physical injury | 25 | |||||
750.211a(2)(d) | Person | A | Manufacturing or possessing an explosive or | |||
incendiary device causing serious impairment | Life | |||||
750.212a | Person | B | Explosives violation involving a vulnerable target | |||
causing death or injury | 20 |
Sec. 16l. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
750.213 | Person | B | Threats to extort money | 20 | ||
750.217b | Pub saf | G | Impersonating public utility employee | 2 | ||
750.217c(3) | Pub ord | H | Impersonating public officer or employee | 2 | ||
750.217c(4) | Pub ord | G | Impersonating public officer or employee -- | |||
third or subsequent conviction | 4 | |||||
750.217d | Pub saf | C | False representation or practice as health | |||
professional | 15 | |||||
750.218(4) | Property | E | False pretenses involving $1,000 to $20,000 or | |||
with prior convictions | 5 | |||||
750.218(5) | Property | D | False pretenses involving $20,000 or more or | |||
$1,000 to $20,000 with prior convictions | 10 | |||||
750.219a(2)(c) | Property | E | Telecommunications fraud with 1 or more | |||
prior convictions or involving a value of | ||||||
$1,000 to $20,000 | 5 | |||||
750.219a(2)(d) | Property | D | Telecommunications fraud with 2 or more prior | |||
convictions or involving a value of $20,000 or more | 10 | |||||
750.219e | Property | F | Receiving, possessing, preparing, or submitting | |||
an unauthorized credit application or receiving or | ||||||
possessing proceeds from an unauthorized credit | ||||||
application | 4 | |||||
750.219f | Property | F | Receiving with intent to forward, possessing with | |||
intent to forward, or forwarding an unauthorized | ||||||
credit application or proceeds from an unauthorized | ||||||
credit application to another person | 4 |
Sec. 16m. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
750.223(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 | |||||
750.224a | Pub saf | F | Possession or sale of electrical current weapons | 4 | ||
750.224b | Pub saf | E | Possession of short barreled shotgun or rifle | 5 | ||
750.224c | Pub saf | F | Armor piercing ammunition | 4 | ||
750.224d(2) | Person | G | Using self-defense spray device | 2 | ||
750.224e | Pub saf | F | Manufacture/sale/possession of devices to convert | |||
semiautomatic weapons | 4 | |||||
750.224f | Pub saf | E | Possession or sale of firearm by felon | 5 | ||
750.226 | Pub saf | E | Carrying firearm or dangerous weapon with | |||
unlawful intent | 5 | |||||
750.227 | Pub saf | E | Carrying a concealed weapon | 5 | ||
750.227a | Pub saf | F | Unlawful possession of pistol | 4 | ||
750.227c | Pub saf | G | Possessing a loaded firearm in or upon a vehicle | 2 | ||
750.227f | Pub saf | F | Wearing body armor during commission of violent crime | 4 | ||
750.227g(1) | Pub saf | F | Felon purchasing, owning, possessing, or using body | |||
armor | 4 | |||||
750.230 | Pub saf | G | Altering ID mark on firearm | 2 | ||
750.232a(3) | Pub saf | G | False statement in a pistol application | 4 | ||
750.234a | Pub saf | F | Discharging firearm from vehicle | 4 | ||
750.234b | Pub saf | F | Discharging firearm in or at a building | 4 | ||
750.234c | Pub saf | F | Discharging firearm at emergency/police vehicle | 4 | ||
750.236 | Person | C | Setting spring gun -- death resulting | 15 |
Sec. 16o. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
750.271 | 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 | |||||
750.274 | Property | E | Fraud -- purchasing/collecting on fraudulent | |||
financial document | 10 | |||||
750.276 | Property | G | Fraud -- promise to vendee of grain at fictitious | |||
price | 4 | |||||
750.277 | Pub trst | G | Promise to vendee of grain to sell at a fictitious | |||
price -- sale and transfer | 4 | |||||
750.278 | Property | G | Fraud -- warehouse receipts | 5 | ||
750.279 | Property | G | Fraud -- disposition of exhausted property | 4 | ||
750.280 | Property | E | Gross frauds/cheats at common law | 10 | ||
750.282 | Pub ord | G | Public utility -- fraudulent use over $500 | 4 | ||
750.300 | Pub ord | G | Animals -- killing/injuring to defraud insurance company | 2 | ||
750.300a(1)(a) | Property | G | Food stamp fraud -- $250 or less -- second offense | 5 | ||
Property | G | Food stamp fraud -- $250 or less -- third or | ||||
subsequent offense | 10 | |||||
750.300a(1)(b) | Property | E | Food stamp fraud -- more than $250 to $1,000 | 5 | ||
Property | E | Food stamp fraud -- more than $250 to $1,000 -- | ||||
subsequent offense | 10 | |||||
750.300a(1)(c) | Property | E | Food stamp fraud -- over $1,000 | 10 | ||
750.303 | Pub ord | H | Gambling | 2 | ||
750.313 | Pub ord | H | Gambling -- stocks/bonds/commodities | 2 |
Sec. 16p. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | |
750.317 | Person | M2 | Second degree murder | Life | |
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 | |
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 | |
750.329a | Person | E | Assisting a suicide | 5 |
Sec. 16r. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
750.356(2) | Property | D | Larceny involving $20,000 or more or with prior | |||
convictions | 10 | |||||
750.356(3) | Property | E | Larceny involving $1,000 to $20,000 or with prior | |||
convictions | 5 | |||||
750.356a(1) | Property | G | Larceny from a motor vehicle | 5 | ||
750.356a(2)(c) | Property | E | Breaking and entering a vehicle to steal $1,000 to | |||
$20,000 or with prior convictions | 5 | |||||
750.356a(2)(d) | Property | D | Breaking and entering a vehicle to steal $20,000 or | |||
more or with prior convictions | 10 | |||||
750.356a(3) | Property | G | Breaking and entering a vehicle to steal causing | |||
damage | 5 | |||||
750.356b | Property | G | Breaking and entering a coin telephone | 4 | ||
750.356c | Property | E | Retail fraud -- first degree | 5 | ||
750.357 | Person | D | Larceny from the person | 10 | ||
750.357a | Property | G | Larceny of livestock | 4 | ||
750.357b | Property | E | Larceny -- stealing firearms of another | 5 | ||
750.358 | Property | G | Larceny from burning building | 5 | ||
750.360 | Property | G | Larceny in a building | 4 | ||
750.361 | Property | H | Trains -- stealing/maliciously removing parts | 2 | ||
750.362 | Property | E | Larceny by conversion involving $1,000 to $20,000 | |||
or with prior convictions | 5 | |||||
Property | D | Larceny by conversion involving $20,000 or more | ||||
or with prior convictions | 10 | |||||
750.362a(2) | Property | D | Larceny of rental property involving $20,000 or | |||
more or with prior convictions | 10 | |||||
750.362a(3) | Property | E | Larceny of rental property involving $1,000 to | |||
$20,000 or with prior convictions | 5 | |||||
750.363 | Property | E | Larceny by false personation involving $1,000 to | |||
$20,000 or with prior convictions | 5 | |||||
Property | D | Larceny by false personation involving $20,000 or more | 10 | |||
750.365 | Person | D | Larceny from car or persons detained or injured | |||
by accident | 20 | |||||
750.366 | Property | G | Larceny of railroad tickets | 4 | ||
750.367 | Property | E | Larceny of trees or shrubs involving $1,000 to | |||
$20,000 or with prior convictions | 5 | |||||
Property | D | Larceny of a tree or shrub involving $20,000 or more | ||||
or with prior convictions | 10 | |||||
750.367b | Property | E | Airplanes -- taking possession | 5 | ||
750.368(5) | Pub ord | G | Preparing, serving, or executing unauthorized | |||
process -- third or subsequent offense | 4 | |||||
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 |
Sec. 16s. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
750.377a(1)(A) | Property | D | Malicious destruction of personal property | |||
involving $20,000 or more or with prior | ||||||
convictions | 10 | |||||
750.377a(1)(B) | Property | E | Malicious destruction of personal property | |||
involving $1,000 to $20,000 or with prior | ||||||
convictions | 5 | |||||
750.377b | Property | F | Malicious destruction of fire/police property | 4 | ||
750.377c | 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(2) | Property | D | Malicious destruction of building involving $20,000 | |||
or more or with prior convictions | 10 | |||||
750.380(3) | Property | E | Malicious destruction of a building involving $1,000 | |||
to $20,000 or with prior convictions | 5 | |||||
750.382(1)(c) | Property | E | Malicious destruction of plants or turf involving | |||
$1,000 to $20,000 or with prior convictions | 5 | |||||
750.382(1)(d) | Property | D | Malicious destruction of plants or turf involving | |||
$20,000 or more or with prior convictions | 10 | |||||
750.383a | Property | F | Malicious destruction of utility equipment | 4 | ||
750.386 | Property | E | Malicious destruction of mine property | 20 | ||
750.387(5) | Property | E | Malicious destruction of a tomb or memorial | |||
involving $1,000 to $20,000 or with | ||||||
prior convictions | 5 | |||||
750.387(6) | Property | D | Malicious destruction of a tomb or memorial | |||
involving $20,000 or more or with | ||||||
prior convictions | 10 | |||||
750.392 | Property | E | Malicious destruction of property -- vessels | 10 | ||
750.397 | Person | D | Mayhem | 10 | ||
750.397a | 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 |
Sec. 16t. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
750.410a | Person | G | Conspiracy to commit a person to state hospital | |||
unjustly | 4 | |||||
750.411a(1)(b) | Pub ord | F | False report of a felony | 4 | ||
750.411a(2) | Pub ord | F | False report of a bombing or threat to bomb | 4 | ||
750.411b | Pub trst | G | Excess fees to members of legislature | 4 | ||
750.411h(2)(b) | Person | E | Stalking of a minor | 5 | ||
750.411i(3)(a) | Person | E | Aggravated stalking | 5 | ||
750.411i(3)(b) | Person | D | Aggravated stalking of a minor | 10 | ||
750.411l | Pub ord | H | Money laundering -- fourth degree | 2 | ||
750.411m | Pub ord | E | Money laundering -- third degree | 5 | ||
750.411n | Pub ord | D | Money laundering -- second degree | 10 | ||
750.411o | Pub ord | B | Money laundering -- first degree | 20 | ||
750.411p(2)(a) | Property | B | Money laundering of proceeds from controlled | |||
substance offense involving $10,000 or more | 20 | |||||
750.411p(2)(b) | Property | D | Money laundering of proceeds from controlled | |||
substance offense or other proceeds involving | ||||||
$10,000 or more | 10 | |||||
750.411p(2)(c) | Property | E | Money laundering -- transactions involving represented | |||
proceeds | 5 |
Sec. 16u. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
750.413 | 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 away | |||
paraphernalia capable of changing/misrepresenting | ||||||
identity | 4 | |||||
750.415(6) | Property | E | Motor vehicles -- buy/receive/obtain a motor | |||
vehicle or motor vehicle part with intent to | ||||||
sell or dispose knowing the VIN has been | ||||||
removed or altered | 10 | |||||
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 | ||
750.421b | Pub saf | H | Hinder transport of farm/commercial products -- | |||
subsequent offense | 2 |
Sec. 16v. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
750.422 | Pub trst | C | Perjury committed in court -- noncapital crime | 15 | ||
Pub trst | B | Perjury committed in court -- capital crime | Life | |||
750.423 | Pub trst | E | Perjury by falsely swearing | 15 | ||
750.424 | Pub trst | C | Subornation of perjury | 15 | ||
750.425 | Pub trst | E | Inciting or procuring perjury but perjury not | |||
committed | 5 | |||||
750.430a | Person | D | Human cloning | 10 | ||
750.436(1) | Person | E | Poisoning food/drink/wells | 5 | ||
750.436(2) | Person | A | Poison -- food/drink/medicine/wells -- large | |||
amounts/injury | Life | |||||
750.436(3) | Pub saf | H | Poison -- Malicious false statement of poisoning | 2 | ||
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 | ||
750.443 | Pub ord | G | Prizefights -- training | 4 |
Sec. 16w. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
750.451 | Pub ord | G | Prostitution -- various offenses -- third or | |||
subsequent offense | 2 | |||||
750.452 | Pub ord | E | Keeping a house of prostitution | 5 | ||
750.455 | Pub ord | G | Pandering | 20 | ||
750.456 | Person | B | Placing spouse into prostitution | 20 | ||
750.457 | Pub ord | G | Accepting earnings of a prostitute | 20 | ||
750.458 | Person | B | Prostitution -- detaining female for debt | 20 | ||
750.459 | Person | B | Transporting a female for prostitution | 20 |
Sec. 16x. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
750.478a(2) | Pub ord | H | Unauthorized process to obstruct a public officer | |||
or employee | 2 | |||||
750.478a(3) | Pub ord | G | Unauthorized process to obstruct a public officer or | |||
employee -- subsequent offense | 4 | |||||
750.479 | Person | G | Resisting or obstructing a peace officer | 2 | ||
750.479a(2) | Pub saf | G | Fleeing and eluding -- fourth degree | 2 | ||
750.479a(3) | Pub saf | E | Fleeing and eluding -- third degree | 5 | ||
750.479a(4) | Person | D | Fleeing and eluding -- second degree | 10 | ||
750.479a(5) | Person | C | Fleeing and eluding -- first degree | 15 | ||
750.479a(6) | Person | H | Assaulting peace officer | 2 | ||
750.479b(1) | Person | F | Disarming peace officer -- nonfirearm | 4 | ||
750.479b(2) | Person | D | Disarming peace officer -- firearm | 10 | ||
750.480 | Pub trst | F | Public officers -- refusing to turn over books/money | |||
to successor | 4 | |||||
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 | ||
750.492a(1)(a) | Pub trst | G | Medical record -- intentional place false information -- | |||
health care provider | 4 | |||||
750.492a(2) | Pub trst | G | Medical record -- health care provider alter conceal | |||
injury/death | 4 | |||||
750.495a(2) | Person | F | Concealing objects in trees or wood products -- | |||
causing injury | 4 | |||||
750.495a(3) | Person | C | Concealing objects in trees or wood products -- | |||
causing death | 15 | |||||
750.505 | Pub ord | E | Common law offenses | 5 | ||
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 | ||
750.514 | Property | H | Seizing locomotive with mail car | 10 | ||
750.516 | Person | C | Stopping train to rob | Life | ||
750.517 | Person | C | Boarding train to rob | Life |
Sec. 16y. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | |
750.520b | Person | A | First degree criminal sexual conduct | Life | |
750.520c | Person | C | Second degree criminal sexual conduct | 15 | |
750.520d | Person | B | Third degree criminal sexual conduct | 15 | |
750.520e | Person | G | Fourth degree criminal sexual conduct | 2 | |
750.520g(1) | Person | D | Assault with intent to commit sexual penetration | 10 | |
750.520g(2) | Person | E | Assault with intent to commit sexual contact | 5 | |
750.528 | Pub saf | F | Destroying dwelling house or other property | 4 | |
750.528a | Pub saf | F | Civil disorders -- firearms/explosives | 4 | |
750.529 | Person | A | Armed robbery | Life | |
750.529a | Person | A | Carjacking | Life | |
750.530 | Person | C | Unarmed robbery | 15 | |
750.531 | Person | C | Bank robbery/safebreaking | Life | |
750.532 | Person | H | Seduction | 5 |
Sec. 16z. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
750.535(2) | Property | D | Receiving or concealing stolen property having a | |||
value of $20,000 or more or with prior convictions | 10 | |||||
750.535(3) | Property | E | Receiving or concealing stolen property having a | |||
value of $1,000 to $20,000 or with prior convictions | 5 | |||||
750.535a(2) | Pub ord | D | Operating a chop shop | 10 | ||
750.535a(3) | Pub ord | D | Operating a chop shop, subsequent violation | 10 | ||
750.535b | Pub saf | E | Stolen firearms or ammunition | 10 | ||
750.539c | Pub ord | H | Eavesdropping | 2 | ||
750.539d | Pub ord | H | Installing eavesdropping device | 2 | ||
750.539e | Pub ord | H | Divulging or using information obtained by | |||
eavesdropping | 2 | |||||
750.539f | Pub ord | H | Manufacture or possession of eavesdropping device | 2 | ||
750.540 | Pub ord | H | Tapping or cutting telephone lines | 2 | ||
750.540c(3) | Property | F | Manufacturing or delivering a counterfeit | |||
communications device | 4 | |||||
750.540f(2) | Property | E | Knowingly publishing a communications access | |||
device with prior convictions | 5 | |||||
750.540g(1)(c) | Property | E | Diverting telecommunications services having a | |||
value of $1,000 to $20,000 or with prior convictions | 5 | |||||
750.540g(1)(d) | Property | D | Diverting telecommunications services having a | |||
value of $20,000 or more or with prior convictions | 10 | |||||
750.545 | Pub ord | E | Misprision of treason | 5 | ||
750.552b | Property | F | Trespassing on correctional facility property | 4 |
Sec. 17. (1) This chapter applies to the following felonies enumerated in chapters 751 to 830 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max | ||
752.191 | Pub saf | G | Felonious driving | 2 | ||
752.365(3) | Pub ord | G | Obscenity -- subsequent offense | 2 | ||
752.541 | Pub saf | D | Riot | 10 | ||
752.542 | Pub saf | D | Incitement to riot | 10 | ||
752.542a | Pub saf | D | Riot in state correctional facilities | 10 | ||
752.543 | Pub saf | G | Unlawful assembly | 5 | ||
752.797(1)(c) | Property | E | Computer fraud -- 2 prior convictions or value | |||
of $1,000 to $20,000 | 5 | |||||
752.797(1)(d) | Property | D | Computer fraud -- 3 or more prior convictions | |||
or value of $20,000 or more | 10 | |||||
752.797(2)(a) | Property | E | Unlawfully accessing computer, computer system, | |||
or computer program | 5 | |||||
752.797(2)(b) | Property | D | Unlawfully accessing computer, computer system, | |||
or computer program, with prior conviction | 10 | |||||
752.797(3)(b) | Variable | G | Using computer to commit crime punishable by a | |||
maximum term of imprisonment of more than | ||||||
1 year but less than 2 years | 2 | |||||
752.797(3)(c) | Variable | F | Using computer to commit crime punishable by a | |||
maximum term of imprisonment of at least 2 years | ||||||
but less than 4 years | 4 | |||||
752.797(3)(d) | Variable | D | Using computer to commit crime punishable by a | |||
maximum term of imprisonment of at least 4 years | ||||||
but less than 10 years | 7 | |||||
752.797(3)(e) | Variable | D | Using computer to commit crime punishable by a | |||
maximum term of imprisonment of at least 10 years | ||||||
but less than 20 years | 10 | |||||
752.797(3)(f) | Variable | B | Using computer to commit crime punishable by a | |||
maximum term of imprisonment of at least 20 years | ||||||
or for life | 20 | |||||
752.802 | Property | H | Vending machines -- manufacture/sale of slugs | 5 | ||
752.811 | Property | H | Breaking and entering a coin operated device | 3 | ||
752.861 | Person | G | Careless discharge of firearm causing injury or death | 2 | ||
752.881 | Person | G | Reckless use of bow and arrow resulting in injury | |||
or death | 2 | |||||
752.1003 | Property | F | Health care fraud -- false claim/state, unnecessary, | |||
conceal information | 4 | |||||
752.1004 | Property | F | Health care fraud -- kickbacks/referral fees | 4 | ||
752.1005 | Property | H | Health care fraud -- conspiracy | 10 | ||
752.1006 | Property | D | Health care fraud -- subsequent offense | 20 | ||
752.1054(2) | Property | G | Copying audio/video recordings for gain | 5 | ||
764.1e | Pub trst | C | Peace officer -- false statement in a complaint | 15 | ||
767.4a | 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 | |||||
767a.9(b) | Pub trst | B | Perjury committed in prosecutor's investigative | |||
hearing -- capital crime | Life | |||||
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 | ||
801.262(1)(a) | Pub saf | E | Bringing weapon into jail | 5 | ||
801.262(1)(b) | Pub saf | E | Furnishing weapon to prisoner in jail | 5 | ||
801.262(2) | Pub saf | E | Prisoner in jail possessing weapon | 5 | ||
801.263(1) | Pub saf | H | Furnishing contraband to prisoner in jail | 5 | ||
801.263(2) | Pub saf | H | Prisoner in jail possessing contraband | 5 |
(2) For a violation of section 797(3)(b), (c), (d), (e), or (f) of 1979 PA 53, MCL 752.797, determine the offense category, offense variable level, and prior record variable level based on the underlying offense.
Sec. 18. This chapter applies to the following felonies:
M.C.L. | Category | Description | Stat Max | |
333.7410 | CS | Controlled substance offense on or near | ||
school property | Variable | |||
333.7413(2) or (3) | Pub trst | Subsequent controlled substance violations | Variable | |
333.7416(1)(a) | CS | Recruiting or inducing a minor to commit | ||
a controlled substance felony | Variable | |||
750.157a(a) | Pub saf | Conspiracy | Variable | |
750.157c | Person | Inducing minor to commit a felony | Variable | |
750.188 | Pub ord | Voluntarily suffering prisoner to escape | Variable | |
750.237a | Pub saf | Felony committed in a weapon-free school zone | Variable | |
750.367a | Property | Larceny of rationed goods | Variable |
Sec. 19. (1) This chapter applies to an attempt to commit an offense enumerated in this part if the attempted violation is a felony. This chapter does not apply to an attempt to commit a class H offense enumerated in this part.
(2) For an attempt to commit an offense enumerated in this part, the offense category is the same as the attempted offense.
(3) For an attempt to commit an offense enumerated in this part, the offense class is as follows:
(a) Class E if the attempted offense is in class A, B, C, or D.
(b) Class H if the attempted offense is in class E, F, or G.
Sec. 21. (1) For an offense enumerated in part 2 of this chapter, determine the recommended minimum sentence range as follows:
(a) Find the offense category for the offense from part 2 of this chapter. From section 22 of this chapter, determine the offense variables to be scored for that offense category and score only those offense variables for the offender as provided in part 4 of this chapter. Total those points to determine the offender's offense variable level.
(b) Score all prior record variables for the offender as provided in part 5 of this chapter. Total those points to determine the offender's prior record variable level.
(c) Find the offense class for the offense from part 2 of this chapter. Using the sentencing grid for that offense class in part 6 of this chapter, determine the recommended minimum sentence range from the intersection of the offender's offense variable level and prior record variable level. The recommended minimum sentence within a sentencing grid is shown as a range of months or life.
(2) If the defendant was convicted of multiple offenses, subject to section 14 of chapter IX, score each offense as provided in this part.
(3) If the offender is being sentenced under section 10, 11, or 12 of chapter IX, determine the offense category, offense class, offense variable level, and prior record variable level based on the underlying offense. To determine the recommended minimum sentence range, increase the upper limit of the recommended minimum sentence range determined under part 6 for the underlying offense as follows:
(a) If the offender is being sentenced for a second felony, 25%.
(b) If the offender is being sentenced for a third felony, 50%.
(c) If the offender is being sentenced for a fourth or subsequent felony, 100%.
(4) If the offender is being sentenced for a violation described in section 18 of this chapter, determine the offense class, offense variable level, and prior record variable level based on the underlying offense.
(5) If the offender is being sentenced for an attempted felony described in section 19 of this chapter, determine the offense variable level and prior record variable level based on the underlying attempted offense.
Sec. 22. (1) For all crimes against a person, score offense variables 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, and 19. Score offense variables 5 and 6 for homicide, attempted homicide, or assault with intent to commit murder. Score offense variable 16 under this subsection for a violation or attempted violation of section 110a of the Michigan penal code, 1931 PA 328, MCL 750.110a. Score offense variables 17 and 18 if an element of the offense or attempted offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive.
(2) For all crimes against property, score offense variables 1, 2, 3, 4, 9, 10, 12, 13, 14, 16, and 19.
(3) For all crimes involving a controlled substance, score offense variables 1, 2, 3, 12, 13, 14, 15, and 19.
(4) For all crimes against public order and all crimes against public trust, score offense variables 1, 3, 4, 9, 10, 12, 13, 14, 16, and 19.
(5) For all crimes against public safety, score offense variables 1, 3, 4, 9, 10, 12, 13, 14, 16, and 19. Score offense variable 18 if an element of the offense or attempted offense involves the operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive.
Sec. 33. (1) Offense variable 3 is physical injury to a victim. Score offense variable 3 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) A victim was killed 100 points
(b) A victim was killed 35 points
(c) Life threatening or permanent incapacitating injury occurred to a victim 25 points
(d) Bodily injury requiring medical treatment occurred to a victim 10 points
(e) Bodily injury not requiring medical treatment occurred to a victim 5 points
(f) No physical injury occurred to a victim 0 points
(2) All of the following apply to scoring offense variable 3:
(a) 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.
(b) Score 100 points if death results from the commission of a crime and homicide is not the sentencing offense.
(c) 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.
(d) Do not score 5 points if bodily injury is an element of the sentencing offense.
(3) As used in this section, "requiring medical treatment" refers to the necessity for treatment and not the victim's success in obtaining treatment.
Sec. 35. (1) Offense variable 5 is psychological injury to a member of a victim's family. Score offense variable 5 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) Serious psychological injury requiring professional treatment occurred to a victim's family 15 points
(b) No serious psychological injury requiring professional treatment occurred to a victim's family 0 points
(2) Score 15 points if the serious psychological injury to the victim's family may require professional treatment. In making this determination, the fact that treatment has not been sought is not conclusive.
Sec. 43. (1) Offense variable 13 is continuing pattern of criminal behavior. Score offense variable 13 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) The 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 50 points
(b) The offense was part of a pattern of felonious criminal activity involving 3 or more crimes
against a person 25 points
(c) The offense was part of a pattern of felonious criminal activity involving a combination of
3 or more crimes against a person or property. 10 points
(d) The offense was part of a pattern of felonious criminal activity directly related to membership
in an organized criminal group 10 points
(e) The offense was part of a pattern of felonious criminal activity involving 3 or more crimes
against property 5 points
(f) No pattern of felonious criminal activity existed 0 points
(2) All of the following apply to scoring offense variable 13:
(a) For determining the appropriate points under this variable, all crimes within a 5-year period, including the sentencing offense, shall be counted regardless of whether the offense resulted in a conviction.
(b) 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.
(c) Except for offenses related to membership in an organized criminal group, do not score conduct scored in offense variable 11 or 12.
(d) Score 50 points only if the sentencing offense is first degree criminal sexual conduct.
Sec. 48. (1) Offense variable 18 is operator ability affected by alcohol or drugs. Score offense variable 18 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) The offender 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 milliliters of urine 20 points
(b) 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 15 points
(c) The offender operated 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 milliliters
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 combination of intoxicating liquor
and a controlled substance 10 points
(d) The offender operated 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 milliliters
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 intoxicating 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 content 5 points
(e) The offender's ability to operate a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive
was not affected by an intoxicating liquor or a controlled substance or a combination of intoxicating
liquor and a controlled substance 0 points
(2) As used in this section, "any bodily alcohol content" means either of the following:
(a) 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.
(b) Any presence of alcohol within an individual's body resulting from the consumption of intoxicating liquor other than the consumption of intoxicating liquor as part of a generally recognized religious service or ceremony.
Sec. 54. (1) Prior record variable 4 is prior low severity juvenile adjudications. Score prior record variable 4 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) The offender has 6 or more prior low severity juvenile adjudications 20 points
(b) The offender has 5 prior low severity juvenile adjudications 15 points
(c) The offender has 3 or 4 prior low severity juvenile adjudications 10 points
(d) The offender has 2 prior low severity juvenile adjudications 5 points
(e) The offender has 1 prior low severity juvenile adjudication 2 points
(f) The offender has no prior low severity juvenile adjudications. 0 points
(2) As used in this section, "prior low severity juvenile adjudication" means a juvenile adjudication for conduct that would be a crime listed in offense class E, F, G, or H if committed by an adult or for conduct that would be a felony under a law of the United States or another state corresponding to a crime listed in offense class E, F, G, or H if committed by an adult, if the order of disposition was entered before the sentencing offense was committed.
Sec. 55. (1) Prior record variable 5 is prior misdemeanor convictions or prior misdemeanor juvenile adjudications. Score prior record variable 5 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
(a) The offender has 7 or more prior misdemeanor convictions or prior misdemeanor juvenile
adjudications 20 points
(b) The offender has 5 or 6 prior misdemeanor convictions or prior misdemeanor juvenile
adjudications 15 points
(c) The offender has 3 or 4 prior misdemeanor convictions or prior misdemeanor juvenile
adjudications 10 points
(d) The offender has 2 prior misdemeanor convictions or prior misdemeanor juvenile adjudications 5 points
(e) The offender has 1 prior misdemeanor conviction or prior misdemeanor juvenile adjudication. 2 points
(f) The offender has no prior misdemeanor convictions or prior misdemeanor juvenile adjudications 0 points
(2) All of the following apply to scoring record variable 5:
(a) Except as provided in subdivision (b), count a prior misdemeanor conviction or prior misdemeanor juvenile adjudication only if it is an offense against a person or property, a controlled substance offense, or a weapon offense. Do not count a prior conviction used to enhance the sentencing offense to a felony.
(b) Count 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. Do not count a prior conviction used to enhance the sentencing offense to a felony.
(3) As used in this section:
(a) "Prior misdemeanor conviction" means 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 the United States if the conviction was entered before the sentencing offense was committed.
(b) "Prior misdemeanor juvenile adjudication" means 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 the United States if the order of disposition was entered before the sentencing offense was committed.
Enacting section 1. This amendatory act takes effect October 1, 2000.
This act is ordered to take immediate effect.
Secretary of the Senate.
Clerk of the House of Representatives.
Approved
Governor.