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

Mich. Comp. Laws § 777.37

Offense variable 7; aggravated physical abuse; “sadism” defined.

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


777.37 Offense variable 7; aggravated physical abuse; “sadism” defined.

Sec. 37.

    (1) Offense variable 7 is aggravated physical abuse. Score offense variable 7 by determining which of the following apply and by assigning the number of points attributable to the 1 that has the highest number of points:

    

    (a) A victim was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a victim suffered during the offense

    50 points

    (b) No victim was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a victim suffered during the offense

    0 points

    (2) Count each person who was placed in danger of injury or loss of life as a victim.

    (3) As used in this section, "sadism" means conduct that subjects a victim to extreme or prolonged pain or humiliation and is inflicted to produce suffering or for the offender's gratification.

    

History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2002, Act 137, Eff. Apr. 22, 2002 ;-- Am. 2015, Act 137, Eff. Jan. 5, 2016

Notes of Decisions
Cited in 261 cases (61 in the last 5 years), 2001–2026 · leading case: People v. Hardy; People v. Glenn
Sort: Relevance Newest Treatment
People v. Hardy; People v. Glenn (2013) mich · cites it 47× “When scoring the sentencing guidelines, the circuit court, assessed 50 points for offense variable (OV) 7 (aggravated physical abuse), MCL 777.37, accepting the prosecution’s argument that Hardy’s act of displaying a shotgun during the carjacking, coupled with pointing it at the…”
People v. Thompson (2016) michctapp · cites it 23× “At defendant’s plea hearing, the court indicated that it would rely on the police report in support of the factual basis for the no-contest plea.”
People of Michigan v. Dawn Marie Dixon-Bey (2017) michctapp · cites it 3× “The trial court also referred to the “cold-blooded” nature of the crime, yet we find it interesting that the trial court and parties apparently agreed that OV 7 (aggravated physical abuse), MCL 777.37, which relates to brutality or similarly egregious conduct, should not be…”
People of Michigan v. Anthony Ray McFarlane Jr (2018) michctapp · cites it 2× “The trial court had to assess 50 points under OV 7 if it found that that a "victim was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a victim suffered during the offense.”
People v. Kegler (2005) michctapp · cites it 14× “§ 777.37(1)(a), OV 7 is scored at 50 points when "[a] victim was treated with sadism, torture, or excessive brutality or conduct designed to substantially increase the fear and anxiety a victim suffered during the offense.”
People v. Glenn (2012) michctapp · cites it 6× “The only question is whether the trial court properly assessed 50 *531 points for offense variable (OV) 7, MCL 777.37 (aggravated physical abuse). Fifty points can be assessed under OV 7 for “sadism, torture, or excessive brutality or conduct designed to substantially increase…”
People v. Urban (2017) michctapp · cites it 5× “OV 7, MCL 777.37, aggravated physical abuse, is scored at 50 points if "[a] victim was treated with sadism, torture, or excessive brutality or conduct designed to substantially increase the fear and anxiety a victim suffered during the offense.”
People v. McGraw (2009) mich · cites it 2× “33, for the injuries that the victim suffered during the beating, or under OV 7, MCL 777.37, for the aggravated physical abuse of the victim because all these actions, while part of the same criminal event as the rape, occurred after the rape was completed.”
People v. Smith (2008) mich · cites it 2× “34(1)(a); OV 7 (aggravated physical abuse) (50 points), MCL 777.37(1)(a); OV 8 (asportation of victim) (15 points), MCL 777.”
People v. Bosca (2015) michctapp · cites it 2× “Defendant also objected to the scoring of 50 points for OV 7, MCL 777.37, which pertains to aggravated physical abuse.”
PEOPLE v. McCHESTER (2015) michctapp · cites it 2× “at 434 , quoting MCL 777.37(1)(a). The Court began by reviewing the definitions of the relevant statutory terms.”
People v. Wilson (2005) michctapp · cites it 4× “Defendant's only argument in this respect is that he was "disadvantaged" in having the assigned judge handle the sentencing in responding to defendant's challenge to the scoring of OV 7, MCL 777.37, without the judge having heard the evidence at trial.”
Show all 261 citing cases →
— Mich. Comp. Laws § 777.37(1) — 66 cases
People v. Hardy; People v. Glenn (2013) mich “When scoring the sentencing guidelines, the circuit court, assessed 50 points for offense variable (OV) 7 (aggravated physical abuse), MCL 777.37, accepting the prosecution’s argument that Hardy’s act of displaying a shotgun during the carjacking, coupled with pointing it at the…”
People v. Anderson (2012) michctapp
People Of Mi V Johnny Wayne Davis (2022) michctapp
People of Michigan v. Loren Troueze Robinson (2021) michctapp
People of Michigan v. Cardozia Bernard Hayman (2024) michctapp
— Mich. Comp. Laws § 777.37(1)(a) — 185 cases
People v. Hardy; People v. Glenn (2013) mich “When scoring the sentencing guidelines, the circuit court, assessed 50 points for offense variable (OV) 7 (aggravated physical abuse), MCL 777.37, accepting the prosecution’s argument that Hardy’s act of displaying a shotgun during the carjacking, coupled with pointing it at the…”
People v. Thompson (2016) michctapp “At defendant’s plea hearing, the court indicated that it would rely on the police report in support of the factual basis for the no-contest plea.”
People of Michigan v. Anthony Ray McFarlane Jr (2018) michctapp “The trial court had to assess 50 points under OV 7 if it found that that a "victim was treated with sadism, torture, excessive brutality, or similarly egregious conduct designed to substantially increase the fear and anxiety a victim suffered during the offense.”
People v. Smith (2008) mich “34(1)(a); OV 7 (aggravated physical abuse) (50 points), MCL 777.37(1)(a); OV 8 (asportation of victim) (15 points), MCL 777.”
People v. Kegler (2005) michctapp “§ 777.37(1)(a), OV 7 is scored at 50 points when "[a] victim was treated with sadism, torture, or excessive brutality or conduct designed to substantially increase the fear and anxiety a victim suffered during the offense.”
— Mich. Comp. Laws § 777.37(1)(b) — 17 cases
People v. Thompson (2016) michctapp “At defendant’s plea hearing, the court indicated that it would rely on the police report in support of the factual basis for the no-contest plea.”
People of Michigan v. Donald Lee Kissinger Jr (2022) michctapp
People of Michigan v. Donald Lee Kissinger Jr (2022) michctapp
People of Michigan v. Clarence Jovan Davison (2016) michctapp
People of Michigan v. Joshua Jamalle Mitchell (2018) michctapp
— Mich. Comp. Laws § 777.37(2) — 7 cases
People v. Laidler (2012) mich
People v. Anderson (2012) michctapp
People of Michigan v. Dwayne Edmund Wilson (2016) michctapp
People of Michigan v. Tywaun Tramel Coakley (2018) michctapp
People of Michigan v. Tywaun Tramel Coakley (2018) michctapp
— Mich. Comp. Laws § 777.37(2)(a) — 4 cases
People v. Hornsby (2002) michctapp
People v. Wilson (2002) michctapp
Schauer v. McKee (2009) mied
People of Michigan v. Demonde Bendi Kemp (2018) michctapp
— Mich. Comp. Laws § 777.37(3) — 56 cases
People v. Hardy; People v. Glenn (2013) mich “When scoring the sentencing guidelines, the circuit court, assessed 50 points for offense variable (OV) 7 (aggravated physical abuse), MCL 777.37, accepting the prosecution’s argument that Hardy’s act of displaying a shotgun during the carjacking, coupled with pointing it at the…”
People v. Thompson (2016) michctapp “At defendant’s plea hearing, the court indicated that it would rely on the police report in support of the factual basis for the no-contest plea.”
People v. Kegler (2005) michctapp “§ 777.37(1)(a), OV 7 is scored at 50 points when "[a] victim was treated with sadism, torture, or excessive brutality or conduct designed to substantially increase the fear and anxiety a victim suffered during the offense.”
People v. Urban (2017) michctapp “OV 7, MCL 777.37, aggravated physical abuse, is scored at 50 points if "[a] victim was treated with sadism, torture, or excessive brutality or conduct designed to substantially increase the fear and anxiety a victim suffered during the offense.”
People v. Glenn (2012) michctapp “The only question is whether the trial court properly assessed 50 *531 points for offense variable (OV) 7, MCL 777.37 (aggravated physical abuse). Fifty points can be assessed under OV 7 for “sadism, torture, or excessive brutality or conduct designed to substantially increase…”
— Mich. Comp. Laws § 777.37(a) — 4 cases
People of Michigan v. Noah Tanial Parker (2018) michctapp
People of Michigan v. Noah Tanial Parker (2018) michctapp
People of Michigan v. Craig Richard Pakosz (2022) michctapp
People of Michigan v. Craig Richard Pakosz (2022) michctapp
— Mich. Comp. Laws § 777.37(a)(1) — 1 case
People of Michigan v. Christopher Lee Johnson (2022) michctapp
— Mich. Comp. Laws § 777.37(a)(3) — 1 case
People of Michigan v. Samuel Jenkins (2023) michctapp
— Mich. Comp. Laws § 777.37(c) — 1 case
People of Michigan v. Barry Laron Doolittle (2019) michctapp
— Mich. Comp. Laws § 777.37(l)(a) — 10 cases
People v. Thompson (2016) michctapp “At defendant’s plea hearing, the court indicated that it would rely on the police report in support of the factual basis for the no-contest plea.”
People v. Hardy; People v. Glenn (2013) mich “When scoring the sentencing guidelines, the circuit court, assessed 50 points for offense variable (OV) 7 (aggravated physical abuse), MCL 777.37, accepting the prosecution’s argument that Hardy’s act of displaying a shotgun during the carjacking, coupled with pointing it at the…”
People v. Kegler (2005) michctapp “§ 777.37(1)(a), OV 7 is scored at 50 points when "[a] victim was treated with sadism, torture, or excessive brutality or conduct designed to substantially increase the fear and anxiety a victim suffered during the offense.”
People v. Bosca (2015) michctapp “Defendant also objected to the scoring of 50 points for OV 7, MCL 777.37, which pertains to aggravated physical abuse.”
PEOPLE v. McCHESTER (2015) michctapp “at 434 , quoting MCL 777.37(1)(a). The Court began by reviewing the definitions of the relevant statutory terms.”
— Mich. Comp. Laws § 777.37(l)(b) — 1 case
People v. Thompson (2016) michctapp “At defendant’s plea hearing, the court indicated that it would rely on the police report in support of the factual basis for the no-contest plea.”
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.