THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
777.16p MCL 750.317 to 750.329a; felonies to which chapter applicable.
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
|
|
750.317a
|
Person
|
A
|
Delivery
of controlled substance causing death
|
Life
|
|
750.321
|
Person
|
C
|
Manslaughter
|
15
|
|
750.322
|
Person
|
C
|
Willful
killing of unborn quick child
|
15
|
|
|
|
|
|
|
|
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
|
History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2000, Act 279, Eff. Oct. 1, 2000 ;-- Am. 2005, Act 168, Eff. Jan. 1, 2006 ;-- Am. 2008, Act 467, Eff. Oct. 31, 2010 ;-- Am. 2023, Act 208, Eff. Feb. 13, 2024
Notes of Decisions
Cited in
43
cases (
17 in the last 5 years), 2002–2026 · leading case:
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015).
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015).
· cites it 8× “In a published opinion, the Court of Appeals affirmed the defendant’s sentence and rejected his Alleyne challenge to the scoring of guidelines, adhering to its recent decision in People v Herron, 303 Mich App 392 ; 845 NW2d 533 8 MCL 777.16p; MCL 777.64. 9 MCL 750.321. 4 (2013),…”
People v. Blevins, 886 N.W.2d 456 (Mich. Ct. App. 2016).
“317, is a Class M2 offense against a person, MCL 777.16p, this would reduce defendant’s minimum sentence range from 315-525 months to 270-450 months.”
People v. Kimble, 651 N.W.2d 798 (Mich. Ct. App. 2002).
· cites it 2× “§ 777.16p, and, under § 22, for crimes against a person, OV 16 applies only to the home invasion statute.”
People v. Portellos, 298 Mich. App. 431 (Mich. Ct. App. 2012).
· cites it 2× “MCL 777.16p; MCL 777.61. See People v Francisco, 474 Mich 82, 89-90 ; 711 NW2d 44 (2006).”
People v. Kegler, 706 N.W.2d 744 (Mich. Ct. App. 2005).
· cites it 2× “We recognize that points can also be assessed for sadism, defined as conduct that "subjects a victim" to pain or humiliation. M.C.L. § 777.”
People of Michigan v. Tyler Paul McCreary (Mich. Ct. App. 2016).
“When subtracting the 15 points incorrectly assigned to OV 5 and the 15 points incorrectly assigned to OV 8, defendant’s total OV score reduces from 146 to 116.”
People of Michigan v. Brandon Scott Mann (Mich. Ct. App. 2017).
“16m (stating that felon-in-possession is a class E felony) with MCL 777.16p (classifying second-degree murder as a class M2 felony with a maximum penalty of imprisonment for life).”
People of Michigan v. Brandon Scott Mann (Mich. Ct. App. 2017).
“16m (stating that felon-in-possession is a class E felony) with MCL 777.16p (classifying second-degree murder as a class M2 felony with a maximum penalty of imprisonment for life).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.