Mich. Comp. Laws » Michigan Compiled Laws / Chapter 777 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 777.34 (2026)

Psychological injury to victim.

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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


777.34 Psychological injury to victim.

Sec. 34.

    (1) Offense variable 4 is psychological injury to a victim. Score offense 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) Serious psychological injury requiring professional treatment occurred to a victim

    10 points

    (b) For a conviction under section 50b of the Michigan penal code, 1931 PA 328, MCL 750.50b, serious psychological injury requiring professional treatment occurred to the owner of a companion animal

    5 points

    (c) No serious psychological injury requiring professional treatment occurred to a victim

    0 points

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

    

History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2018, Act 652, Eff. Mar. 28, 2019

Notes of Decisions
Cited in 408 cases (96 in the last 5 years), 2001–2026 · leading case: People v. Mcchester, 873 N.W.2d 646 (Mich. Ct. App. 2015).
Sort: Relevance Newest Treatment
People v. Mcchester, 873 N.W.2d 646 (Mich. Ct. App. 2015). · cites it 15× “In MCL 777.34, the Legislature instructed that when scoring OV 4, the sentencing court has two options: -1- (1) Offense variable 4 is psychological injury to a victim.”
People v. Biddles, 896 N.W.2d 461 (Mich. Ct. App. 2016). · cites it 6× “33, OV 4, MCL 777.34, and OV 9, MCL 777.39. We shall refer to this argument as defendant’s “evidentiary challenge.”
People v. Schrauben, 886 N.W.2d 173 (Mich. Ct. App. 2016). · cites it 4× “MCL 777.34(1)(a). The trial court may assess 10 points “if the serious psychological injury may require professional treatment.”
People v. Waclawski, 780 N.W.2d 321 (Mich. Ct. App. 2009). · cites it 4× “OV 4 Defendant first argues that the 10 points scored for, MCL 777.34, OV 4 was incorrect. He argues specifically that the score is erroneous because no support exists for it in the record.”
People v. Lockett, 814 N.W.2d 295 (Mich. Ct. App. 2012). · cites it 4× “MCL 777.34. The court properly assesses 10 points when a victim suffers a *183 serious psychological injury that might require professional treatment.”
People v. Wilkens, 705 N.W.2d 728 (Mich. Ct. App. 2005). · cites it 6× “…had done nothing wrong and that she voluntarily participated in the sexual acts depicted in the videotape. [3] MCL 777.34.”
People v. Hardy, 835 N.W.2d 340 (Mich. 2013). · cites it 2× “, OV 4, MCL 777.34; OV 5, MCL 777.35; OV 8, MCL 777.”
People v. Armstrong, 851 N.W.2d 856 (Mich. Ct. App. 2014). · cites it 3× “*249 249 We affirm Armstrong’s conviction, but vacate his sentence and remand for resentencing. We do not retain jurisdiction.”
People of Michigan v. Michael Anthony Wellman, 910 N.W.2d 304 (Mich. Ct. App. 2017). · cites it 4× “Given the similarity between the language of MCL 777.34 and MCL 777.35, we extend the Supreme Court's analysis of OV 5 in Calloway to OV 4.”
People v. Gibbs, 830 N.W.2d 821 (Mich. Ct. App. 2013). · cites it 3× “” MCL 777.34(1). The sentencing court must assess *493 10 points if ££[s]erious psychological injury requiring professional treatment occurred to a victim[.”
People of Michigan v. Robert Lee Rosa, 913 N.W.2d 392 (Mich. Ct. App. 2018). · cites it 2× “" Here, KR testified in detail about the terror she experienced during the lengthy assault and her fear for the fate of her children, which defendant exploited to increase her suffering.”
People v. Smith, 754 N.W.2d 284 (Mich. 2008). · cites it 2× “33(1)(a); OV 4 (psychological injury to victim) (10 points), MCL 777.34(1)(a); OV 7 (aggravated physical abuse) (50 points), MCL 777.”
Show all 408 citing cases →
Mich. Comp. Laws § 777.34(1): 105 cases
People v. Gibbs, 830 N.W.2d 821 (Mich. Ct. App. 2013). “” MCL 777.34(1). The sentencing court must assess *493 10 points if ££[s]erious psychological injury requiring professional treatment occurred to a victim[.”
People v. Masroor, 880 N.W.2d 812 (Mich. Ct. App. 2015).
People v. Anderson, 825 N.W.2d 678 (Mich. Ct. App. 2012).
People of Michigan v. Michael Leavell, No. 325639 (Mich. Ct. App. May 26, 2016).
People of Michigan v. Gen. Fletcher Jones, No. 329185 (Mich. Ct. App. Jan. 17, 2017).
Mich. Comp. Laws § 777.34(1)(a): 283 cases
People v. Smith, 754 N.W.2d 284 (Mich. 2008). “33(1)(a); OV 4 (psychological injury to victim) (10 points), MCL 777.34(1)(a); OV 7 (aggravated physical abuse) (50 points), MCL 777.”
People v. Schrauben, 886 N.W.2d 173 (Mich. Ct. App. 2016). “MCL 777.34(1)(a). The trial court may assess 10 points “if the serious psychological injury may require professional treatment.”
People v. Mcchester, 873 N.W.2d 646 (Mich. Ct. App. 2015). “In MCL 777.34, the Legislature instructed that when scoring OV 4, the sentencing court has two options: -1- (1) Offense variable 4 is psychological injury to a victim.”
People v. Wilkens, 705 N.W.2d 728 (Mich. Ct. App. 2005). “…had done nothing wrong and that she voluntarily participated in the sexual acts depicted in the videotape. [3] MCL 777.34.”
People v. Biddles, 896 N.W.2d 461 (Mich. Ct. App. 2016). “33, OV 4, MCL 777.34, and OV 9, MCL 777.39. We shall refer to this argument as defendant’s “evidentiary challenge.”
Mich. Comp. Laws § 777.34(1)(a)(2): 1 case
People of Michigan v. Devinci Osiris Dumas, No. 358310 (Mich. Ct. App. Mar. 9, 2023).
Mich. Comp. Laws § 777.34(1)(b): 18 cases
People v. Mcchester, 873 N.W.2d 646 (Mich. Ct. App. 2015). “In MCL 777.34, the Legislature instructed that when scoring OV 4, the sentencing court has two options: -1- (1) Offense variable 4 is psychological injury to a victim.”
People v. Urban, 908 N.W.2d 564 (Mich. Ct. App. 2017).
People of Michigan v. Clarence Jovan Davison, No. 324479 (Mich. Ct. App. Mar. 31, 2016).
People of Michigan v. Jose Elias Nazario, No. 325898 (Mich. Ct. App. June 23, 2016).
People of Michigan v. Matthew Eliott Crumley, No. 325712 (Mich. Ct. App. June 28, 2016).
Mich. Comp. Laws § 777.34(1)(c): 7 cases
People of Michigan v. Christopher Lee Johnson, No. 355812 (Mich. Ct. App. Jan. 20, 2022).
People of Michigan v. Justin Robert Mosher, No. 342214 (Mich. Ct. App. May 21, 2019).
People of Michigan v. Octavius Martez Hall, No. 348467 (Mich. Ct. App. Jan. 14, 2021).
People of Michigan v. Terry Lester Bundy, No. 349072 (Mich. Ct. App. Feb. 1, 2022).
People of Michigan v. Morris Allen Brown, No. 362925 (Mich. Ct. App. Sept. 12, 2024).
Mich. Comp. Laws § 777.34(2): 211 cases
People v. Schrauben, 886 N.W.2d 173 (Mich. Ct. App. 2016). “MCL 777.34(1)(a). The trial court may assess 10 points “if the serious psychological injury may require professional treatment.”
People v. Lockett, 814 N.W.2d 295 (Mich. Ct. App. 2012). “MCL 777.34. The court properly assesses 10 points when a victim suffers a *183 serious psychological injury that might require professional treatment.”
People v. Mcchester, 873 N.W.2d 646 (Mich. Ct. App. 2015). “In MCL 777.34, the Legislature instructed that when scoring OV 4, the sentencing court has two options: -1- (1) Offense variable 4 is psychological injury to a victim.”
People v. Ericksen, 793 N.W.2d 120 (Mich. Ct. App. 2010).
People v. Wilkens, 705 N.W.2d 728 (Mich. Ct. App. 2005). “…had done nothing wrong and that she voluntarily participated in the sexual acts depicted in the videotape. [3] MCL 777.34.”
Mich. Comp. Laws § 777.34(b): 1 case
People of Michigan v. Christopher Louis Sindone, No. 340328 (Mich. Ct. App. Apr. 11, 2019).
Mich. Comp. Laws § 777.34(l)(a): 15 cases
People v. Biddles, 896 N.W.2d 461 (Mich. Ct. App. 2016). “33, OV 4, MCL 777.34, and OV 9, MCL 777.39. We shall refer to this argument as defendant’s “evidentiary challenge.”
People v. Mcchester, 873 N.W.2d 646 (Mich. Ct. App. 2015). “In MCL 777.34, the Legislature instructed that when scoring OV 4, the sentencing court has two options: -1- (1) Offense variable 4 is psychological injury to a victim.”
People v. Schrauben, 886 N.W.2d 173 (Mich. Ct. App. 2016). “MCL 777.34(1)(a). The trial court may assess 10 points “if the serious psychological injury may require professional treatment.”
People v. Bosca, 871 N.W.2d 307 (Mich. Ct. App. 2015).
People v. Armstrong, 851 N.W.2d 856 (Mich. Ct. App. 2014). “*249 249 We affirm Armstrong’s conviction, but vacate his sentence and remand for resentencing. We do not retain jurisdiction.”
Mich. Comp. Laws § 777.34(l)(b): 1 case
People v. Mcchester, 873 N.W.2d 646 (Mich. Ct. App. 2015). “In MCL 777.34, the Legislature instructed that when scoring OV 4, the sentencing court has two options: -1- (1) Offense variable 4 is psychological injury to a victim.”
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