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

Mich. Comp. Laws § 777.35 (2026)

Psychological injury to member of victim's family.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


777.35 Psychological injury to member of victim's family.

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.

    

History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2000, Act 279, Eff. Oct. 1, 2000

Notes of Decisions
Cited in 111 cases (31 in the last 5 years), 2009–2026 · leading case: People v. Lockridge, 870 N.W.2d 502 (Mich. 2015).
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People v. Lockridge, 870 N.W.2d 502 (Mich. 2015). · cites it 4× “4 MCL 777.35(1)(a). 5 MCL 777.36(1)(c). 6 MCL 777.”
People v. Steanhouse, 880 N.W.2d 297 (Mich. Ct. App. 2015). · cites it 6× “The statutory basis of OV 5 is MCL 777.35, which provides for an assessment of points when there “is psychological injury to a member of a victim’s family.”
People of Michigan v. Michael Anthony Wellman, 910 N.W.2d 304 (Mich. Ct. App. 2017). · cites it 6× “The statutory language of OV 5, concurring serious psychological injury to victim's family requiring treatment, MCL 777.35, is as follows: (1) Offense variable 5 is psychological injury to a member of a victim's family.”
People of Michigan v. Dawn Marie Dixon-Bey, 909 N.W.2d 458 (Mich. Ct. App. 2017). · cites it 2× “The trial court also pointed to the impact of the victim’s death on his family, but OV 5 (psychological injury to member of victim’s family), MCL 777.35, was scored to reflect that impact.”
People v. Hardy; People v. Glenn, 494 Mich. 430 (Mich. 2013). · cites it 2× “34; OV 5, MCL 777.35; OV 8, MCL 777.38; and OV 14, MCL 777.”
People v. McGraw, 771 N.W.2d 655 (Mich. 2009). · cites it 2× “Or to take another example, suppose a defendant kills a young woman, dismembers her body, and then, three days later, sends photographs of the dismembered body parts to the victim's parents, which requires them to undergo psychological counseling as a result of seeing the…”
People v. Portellos, 298 Mich. App. 431 (Mich. Ct. App. 2012). · cites it 4× “We vacate Portellos’s sentence for second-degree murder and remand for resentencing by the sentencing judge, Judge Daniel Patrick Ryan.”
People v. Blevins, 886 N.W.2d 456 (Mich. Ct. App. 2016). “Consequently, OV 5 should have been scored at zero points, and the reduction of 15 points from defendant’s total OV score, from 105 to 90, reduces his OV level from III to II.”
People v. Davis, 834 N.W.2d 897 (Mich. Ct. App. 2013). · cites it 5× “Pursuant to this Court’s remand order, the trial court determined that OV 13 did not apply, but then scored 15 points for OV 5, MCL 777.35. Defendant was resentenced to 78 months’ to 15 years’ imprisonment for the manslaughter conviction, with 787 days’ credit.”
People of Michigan v. Jimmie Card (Mich. Ct. App. 2024). · cites it 17× “VAGUENESS AS APPLIED TO DEFENDANT’S CASE Defendant first argues that MCL 777.35, which governs Offense Variable (OV) 5, is unconstitutionally vague as applied to the facts of his case because MCL 777.”
People of Michigan v. Tiwaun Maurice Calloway (Mich. 2017). · cites it 12× “At sentencing, the court scored Offense Variable 5 (OV 5), MCL 777.35, at 15 points for the serious psychological injury suffered by two of the victim’s family members as a result of the victim’s death.”
People of Michigan v. Tiwaun Maurice Calloway (Mich. 2017). · cites it 12× “At sentencing, the court scored Offense Variable 5 (OV 5), MCL 777.35, at 15 points for the serious psychological injury suffered by two of the victim’s family members as a result of the victim’s death.”
Show all 111 citing cases →
— Mich. Comp. Laws § 777.35(1) — 26 cases
People v. Steanhouse, 880 N.W.2d 297 (Mich. Ct. App. 2015). “The statutory basis of OV 5 is MCL 777.35, which provides for an assessment of points when there “is psychological injury to a member of a victim’s family.”
People of Michigan v. Noah Tanial Parker (Mich. Ct. App. 2018).
People of Michigan v. Noah Tanial Parker (Mich. Ct. App. 2018).
People of Michigan v. Tyler Paul McCreary (Mich. Ct. App. 2016).
People of Michigan v. Aaron Gershon Massey (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 777.35(1)(a) — 69 cases
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015). “4 MCL 777.35(1)(a). 5 MCL 777.36(1)(c). 6 MCL 777.”
People v. Steanhouse, 880 N.W.2d 297 (Mich. Ct. App. 2015). “The statutory basis of OV 5 is MCL 777.35, which provides for an assessment of points when there “is psychological injury to a member of a victim’s family.”
People v. Davis, 834 N.W.2d 897 (Mich. Ct. App. 2013). “Pursuant to this Court’s remand order, the trial court determined that OV 13 did not apply, but then scored 15 points for OV 5, MCL 777.35. Defendant was resentenced to 78 months’ to 15 years’ imprisonment for the manslaughter conviction, with 787 days’ credit.”
People of Michigan v. Tiwaun Maurice Calloway (Mich. 2017). “At sentencing, the court scored Offense Variable 5 (OV 5), MCL 777.35, at 15 points for the serious psychological injury suffered by two of the victim’s family members as a result of the victim’s death.”
People of Michigan v. Tiwaun Maurice Calloway (Mich. 2017). “At sentencing, the court scored Offense Variable 5 (OV 5), MCL 777.35, at 15 points for the serious psychological injury suffered by two of the victim’s family members as a result of the victim’s death.”
— Mich. Comp. Laws § 777.35(1)(b) — 10 cases
People of Michigan v. Tiwaun Maurice Calloway (Mich. Ct. App. 2016).
People of Michigan v. Darius Theriot (Mich. Ct. App. 2016).
People of Michigan v. Kenyon Bailey (Mich. Ct. App. 2019).
People of Michigan v. William Russell Williams (Mich. Ct. App. 2019).
People of Michigan v. Jacarta Jennings (Mich. Ct. App. 2020).
— Mich. Comp. Laws § 777.35(2) — 44 cases
People v. Steanhouse, 880 N.W.2d 297 (Mich. Ct. App. 2015). “The statutory basis of OV 5 is MCL 777.35, which provides for an assessment of points when there “is psychological injury to a member of a victim’s family.”
People v. Davis, 834 N.W.2d 897 (Mich. Ct. App. 2013). “Pursuant to this Court’s remand order, the trial court determined that OV 13 did not apply, but then scored 15 points for OV 5, MCL 777.35. Defendant was resentenced to 78 months’ to 15 years’ imprisonment for the manslaughter conviction, with 787 days’ credit.”
People v. Portellos, 298 Mich. App. 431 (Mich. Ct. App. 2012). “We vacate Portellos’s sentence for second-degree murder and remand for resentencing by the sentencing judge, Judge Daniel Patrick Ryan.”
People of Michigan v. Tiwaun Maurice Calloway (Mich. 2017). “At sentencing, the court scored Offense Variable 5 (OV 5), MCL 777.35, at 15 points for the serious psychological injury suffered by two of the victim’s family members as a result of the victim’s death.”
People of Michigan v. Tiwaun Maurice Calloway (Mich. 2017). “At sentencing, the court scored Offense Variable 5 (OV 5), MCL 777.35, at 15 points for the serious psychological injury suffered by two of the victim’s family members as a result of the victim’s death.”
— Mich. Comp. Laws § 777.35(l)(a) — 3 cases
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015). “4 MCL 777.35(1)(a). 5 MCL 777.36(1)(c). 6 MCL 777.”
People v. Steanhouse, 880 N.W.2d 297 (Mich. Ct. App. 2015). “The statutory basis of OV 5 is MCL 777.35, which provides for an assessment of points when there “is psychological injury to a member of a victim’s family.”
People v. Portellos, 298 Mich. App. 431 (Mich. Ct. App. 2012). “We vacate Portellos’s sentence for second-degree murder and remand for resentencing by the sentencing judge, Judge Daniel Patrick Ryan.”
— Mich. Comp. Laws § 777.35(l)(b) — 2 cases
People v. Steanhouse, 880 N.W.2d 297 (Mich. Ct. App. 2015). “The statutory basis of OV 5 is MCL 777.35, which provides for an assessment of points when there “is psychological injury to a member of a victim’s family.”
People v. Portellos, 298 Mich. App. 431 (Mich. Ct. App. 2012). “We vacate Portellos’s sentence for second-degree murder and remand for resentencing by the sentencing judge, Judge Daniel Patrick Ryan.”
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