THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
777.18 MCL 333.7410 to 750.367a; felonies to which chapter applicable.
Sec. 18.
This chapter applies to the following felonies:
|
M.C.L.
|
Category
|
|
Description
|
Stat Max
|
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333.7410
|
CS
|
|
Controlled
substance offense or offense involving GBL on or near school property or
library
|
Variable
|
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333.7413(1)
or (2)
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Pub
trst
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|
Subsequent
controlled substance violations
|
Variable
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333.7416(1)(a)
|
CS
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Recruiting
or inducing a minor to commit a controlled substance felony
|
Variable
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750.157a(a)
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Pub
saf
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Conspiracy
|
Variable
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750.157c
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Person
|
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Inducing
minor to commit a felony
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Variable
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750.188
|
Pub
ord
|
|
Voluntarily
suffering prisoner to escape
|
Variable
|
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750.237a
|
Pub
saf
|
|
Felony
committed in a weapon-free school zone
|
Variable
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750.367a
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Property
|
|
Larceny
of rationed goods
|
Variable
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History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2000, Act 279, Eff. Oct. 1, 2000 ;-- Am. 2000, Act 304, Eff. Jan. 1, 2001 ;-- Am. 2006, Act 553, Eff. Mar. 30, 2007 ;-- Am. 2017, Act 267, Eff. Mar. 28, 2018
Notes of Decisions
Cited in
17
cases (
1 in the last 5 years), 2005–2023 · leading case:
People v. Peltola, 803 N.W.2d 140 (Mich. 2011).
People v. Peltola, 803 N.W.2d 140 (Mich. 2011).
· cites it 16× “(4) If the offender is being sentenced for a violation described in [MCL 777.18], both of the following apply: (a) Determine the offense variable level by scoring the offense variables for the underlying offense and any additional offense variables for the offense category…”
People v. Bonilla-Machado, 803 N.W.2d 217 (Mich. 2011).
· cites it 6× “Nor does the majority “disregard[] unequivocal proof that the Legislature ‘intended to allow courts to consider crimes within all the offense categories when scoring OV 13.”
People v. Lowe, 773 N.W.2d 1 (Mich. 2009).
· cites it 8× “However, the Legislature expressly provided that the guidelines specifically apply to sentencing done pursuant to § 7413(2), MCL 777.18, and implemented a specific scheme for when "the offender is being sentenced for a violation [of § 7413(2)]," MCL 777.”
People v. Williams, 707 N.W.2d 624 (Mich. Ct. App. 2005).
· cites it 4× “7413(2), MCL 777.18, which is part of chapter XVII of the Code of Criminal Procedure concerning the sentencing guidelines, expressly specifies that the statutory sentencing guidelines apply to MCL 333.”
People v. Wiggins, 795 N.W.2d 232 (Mich. Ct. App. 2010).
· cites it 3× “” “Crimes against a person” is a technical term, at least as used in the guidelines, and MCL 777.”
People v. Allen, 884 N.W.2d 548 (Mich. 2016).
· cites it 2× “11 to MCL 777.18 give descriptions of the offenses and identify the statutory maximum terms of imprisonment.”
People v. Loper, 830 N.W.2d 836 (Mich. Ct. App. 2013).
“A felonious criminal act is contemporaneous if the act occurred within 24 hours of the sentencing offense and the act “has not and will not result in a separate conviction.”
People v. Jackson, 805 N.W.2d 463 (Mich. Ct. App. 2011).
· cites it 4× “He asserts, however, that the conspiracy conviction cannot be used to score OV 13 because conspiracy is a crime against public safety under MCL 777.18, not a crime against a person or property.”
People of Michigan v. Antravel Lavar Beckom (Mich. Ct. App. 2019).
· cites it 2× “18 classifies conspiracy as a “crime against public safety” rather than a “crime against a person,” a conspiracy cannot be considered in scoring OV 13 even if the underlying crime (toward which the conspiracy was directed) was itself a “crime against a person.” The wisdom of…”
People of Michigan v. Jermain Lee Pearson (Mich. 2012).
· cites it 2× “” MCL 777.18. In People v Bonilla-Machado, 489 Mich 412 (2011), this Court recently held that for purposes of scoring OV 13, a “crime against public safety” may not be transformed into a “crime against a person,” in order to establish a continuing pattern of criminal behavior…”
People of Michigan v. Donvelle Tyrone Nichols (Mich. Ct. App. 2016).
“7413(2) (described as “[s]ubsequent controlled substance violations”) is specifically listed as a “felony” to which the sentencing guidelines apply. 4 At issue in Wyrick was the definition of “felony” for purposes of MCL 333.”
People of Michigan v. Alexis Christine Welsh (Mich. Ct. App. 2019).
“Defendant was convicted of two counts of conspiracy, MCL 777.18, and was acquitted of two charges of assault with intent to murder, which are crimes against a person.”
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.