Michigan Compiled Laws

Mich. Comp. Laws § 777.41 (2026)

Criminal sexual penetration.

✓ current as of July 2026

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THE CODE OF CRIMINAL PROCEDURE

Act 175 of 1927

777.41 Criminal sexual penetration.

Sec. 41.

(1) Offense variable 11 is criminal sexual penetration. Score offense variable 11 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) Two or more criminal sexual penetrations occurred	50 points
(b) One criminal sexual penetration occurred	25 points
(c) No criminal sexual penetration occurred	0 points

(2) All of the following apply to scoring offense variable 11:

(a) Score all sexual penetrations of the victim by the offender arising out of the sentencing offense.

(b) Multiple sexual penetrations of the victim by the offender extending beyond the sentencing offense may be scored in offense variables 12 or 13.

(c) Do not score points for the 1 penetration that forms the basis of a first- or third-degree criminal sexual conduct offense.

History: Add. 1998, Act 317, Eff. Dec. 15, 1998

Notes of Decisions

Cited in 154 cases (40 in the last 5 years), 2002–2026 · leading case: People v. Mutchie, 650 N.W.2d 733 (Mich. Ct. App. 2002).

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People v. Mutchie, 650 N.W.2d 733 (Mich. Ct. App. 2002). · cites it 23× “This Court granted defendant’s application for leave to appeal limited to the issue of the trial court’s interpretation of Offense Variable (ov) 11 of the legislative sentencing guidelines, MCL 777.41. After reviewing the record, we conclude that the scoring issue is moot…”

People v. McLaughlin, 672 N.W.2d 860 (Mich. Ct. App. 2003). · cites it 8× “Score offense variable 11 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) Two or more criminal sexual penetrations occurred.....”

People v. Hardy; People v. Glenn, 494 Mich. 430 (Mich. 2013). · cites it 4× “39; OV 11, MCL 777.41; OV 13, MCL 777.43. Third, none of the other four offense variables that score on an all-or- nothing basis (as opposed to a scale depending on the severity of a defendant’s conduct) are scored similarly to the 50 points assessed for OV 7.”

People v. Cox, 709 N.W.2d 152 (Mich. Ct. App. 2006). · cites it 8× “Because there was evidence in the record to support a score of 15 points for OV 10, the trial court's scoring decision did not constitute an abuse of discretion. We find that the trial court did not abuse its discretion in scoring 25 points for "one criminal sexual penetration"…”

People v. Johnson, 712 N.W.2d 703 (Mich. 2006). · cites it 8× “Score offense variable 11 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) Two or more criminal sexual penetrations occurred .”

People v. Wilkens, 705 N.W.2d 728 (Mich. Ct. App. 2005). · cites it 6× “OV 11, MCL 777.41, was also properly scored for counts I and II.”

People v. Johnson, 826 N.W.2d 170 (Mich. Ct. App. 2012). · cites it 4× “I Defendant first argues that the trial court erred by assessing 50 points for offense variable (OV) 11, MCL 777.41, when calculating defendant’s recommended minimum sentence range for his first-degree criminal sexual conduct convictions.”

People v. Matuszak, 687 N.W.2d 342 (Mich. Ct. App. 2004). · cites it 2× “MCL 777.41(1). Points should not be scored, however, for the one penetration underlying a CSC I conviction.”

People v. Gloster, 880 N.W.2d 776 (Mich. 2016). · cites it 3× “OV 11 (criminal sexual penetration), MCL 777.41(1), requires the assessment of points if at least one “sexual penetration occurred” without specifying that it must be the defendant who engaged in that sexual penetration.”

People v. Ryan, 819 N.W.2d 55 (Mich. Ct. App. 2012). · cites it 3× “Finally, defendant maintains that CSC-1 is already punishable by life or any term of years and that the fact of multiple sexual penetrations arising out of a sentencing offense is a factor that is taken into account by the sentencing guidelines under MCL 777.”

People v. Smith, 754 N.W.2d 284 (Mich. 2008). · cites it 2× “40(1)(a); OV 11 (50 points), MCL 777.41(1)(a); OV 12 (contemporaneous felonious acts) (25 points), MCL 777.”

People v. Duenaz, 854 N.W.2d 531 (Mich. Ct. App. 2014). “OFFENSE VARIABLE 11 Defendant argues that the trial court improperly scored offense variable (OV) 11, MCL 777.41, at 50 rather than 25 points because evidence supported only one “additional” penetration beyond the sentencing offenses.”

Show all 154 citing cases →

— Mich. Comp. Laws § 777.41(1) — 16 cases

People v. Matuszak, 687 N.W.2d 342 (Mich. Ct. App. 2004). “MCL 777.41(1). Points should not be scored, however, for the one penetration underlying a CSC I conviction.”

People v. Gloster, 880 N.W.2d 776 (Mich. 2016). “OV 11 (criminal sexual penetration), MCL 777.41(1), requires the assessment of points if at least one “sexual penetration occurred” without specifying that it must be the defendant who engaged in that sexual penetration.”

People of Michigan v. Jeffrey Travis Toensfeldt (Mich. Ct. App. 2023).

People of Michigan v. Michael David Vance (Mich. Ct. App. 2016).

People of Michigan v. Juan Vincent Buber (Mich. Ct. App. 2017).

— Mich. Comp. Laws § 777.41(1)(a) — 45 cases

People v. Smith, 754 N.W.2d 284 (Mich. 2008). “40(1)(a); OV 11 (50 points), MCL 777.41(1)(a); OV 12 (contemporaneous felonious acts) (25 points), MCL 777.”

People of Michigan v. Michael John Franklin (Mich. Ct. App. 2017).

People of Michigan v. Rogan Edward Lampe (Mich. Ct. App. 2019).

People of Michigan v. Thomas James Guthrie (Mich. Ct. App. 2019).

— Mich. Comp. Laws § 777.41(1)(b) — 31 cases

People v. Wilkens, 705 N.W.2d 728 (Mich. Ct. App. 2005). “OV 11, MCL 777.41, was also properly scored for counts I and II.”

People v. Cox, 709 N.W.2d 152 (Mich. Ct. App. 2006). “Because there was evidence in the record to support a score of 15 points for OV 10, the trial court's scoring decision did not constitute an abuse of discretion. We find that the trial court did not abuse its discretion in scoring 25 points for "one criminal sexual penetration"…”

People of Michigan v. David Deanrussel Baldwin (Mich. Ct. App. 2021).

People of Michigan v. Steven Michael Lafollette (Mich. Ct. App. 2026).

People of Michigan v. Tommy Lee Bennett (Mich. Ct. App. 2016).

— Mich. Comp. Laws § 777.41(1)(c) — 3 cases

People of Michigan v. James Howard Shaul (Mich. Ct. App. 2016).

People of Michigan v. Albert Haywood Jr (Mich. Ct. App. 2020).

People of Michigan v. David Deanrussel Baldwin (Mich. Ct. App. 2021).

— Mich. Comp. Laws § 777.41(2) — 9 cases

People v. Wilkens, 705 N.W.2d 728 (Mich. Ct. App. 2005). “OV 11, MCL 777.41, was also properly scored for counts I and II.”

People v. McLaughlin, 672 N.W.2d 860 (Mich. Ct. App. 2003). “Score offense variable 11 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) Two or more criminal sexual penetrations occurred.....”

People v. Mutchie, 658 N.W.2d 154 (Mich. 2003).

People v. Mutchie, 650 N.W.2d 733 (Mich. Ct. App. 2002). “This Court granted defendant’s application for leave to appeal limited to the issue of the trial court’s interpretation of Offense Variable (ov) 11 of the legislative sentencing guidelines, MCL 777.41. After reviewing the record, we conclude that the scoring issue is moot…”

People v. Hobbs, 783 N.W.2d 716 (Mich. 2010).

— Mich. Comp. Laws § 777.41(2)(1) — 2 cases

People of Michigan v. Juan Vincent Buber (Mich. Ct. App. 2017).

— Mich. Comp. Laws § 777.41(2)(a) — 59 cases

People v. Johnson, 712 N.W.2d 703 (Mich. 2006). “Score offense variable 11 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) Two or more criminal sexual penetrations occurred .”

People v. Ryan, 819 N.W.2d 55 (Mich. Ct. App. 2012). “Finally, defendant maintains that CSC-1 is already punishable by life or any term of years and that the fact of multiple sexual penetrations arising out of a sentencing offense is a factor that is taken into account by the sentencing guidelines under MCL 777.”

— Mich. Comp. Laws § 777.41(2)(b) — 14 cases

People v. Light, 803 N.W.2d 720 (Mich. Ct. App. 2010).

People of Michigan v. Tommy Lee Bennett (Mich. Ct. App. 2016).

People of Michigan v. James Darshawn Powell (Mich. Ct. App. 2021).

— Mich. Comp. Laws § 777.41(2)(c) — 57 cases

People v. Hardy; People v. Glenn, 494 Mich. 430 (Mich. 2013). “39; OV 11, MCL 777.41; OV 13, MCL 777.43. Third, none of the other four offense variables that score on an all-or- nothing basis (as opposed to a scale depending on the severity of a defendant’s conduct) are scored similarly to the 50 points assessed for OV 7.”

— Mich. Comp. Laws § 777.41(a) — 4 cases

People of Michigan v. Juan Vincent Buber (Mich. Ct. App. 2017).

People of Michigan v. Alfonzo Gordon Pollard (Mich. Ct. App. 2018).

— Mich. Comp. Laws § 777.41(b) — 3 cases

People of Michigan v. David Wayne King (Mich. Ct. App. 2017).

People of Michigan v. Timothy Joseph White (Mich. Ct. App. 2021).

— Mich. Comp. Laws § 777.41(l)(a) — 1 case

— Mich. Comp. Laws § 777.41(l)(b) — 2 cases

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