Michigan Compiled Laws

Mich. Comp. Laws § 777.43 (2026)

Continuing pattern of criminal behavior.

✓ current as of July 2026

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THE CODE OF CRIMINAL PROCEDURE

Act 175 of 1927

777.43 Continuing pattern of criminal behavior.

Sec. 43.

(1) Offense variable 13 is continuing pattern of criminal behavior. Score offense variable 13 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) The offense was part of a pattern of felonious criminal activity involving 3 or more sexual penetrations against a person or persons less than 13 years of age	50 points
(b) The offense was part of a pattern of felonious criminal activity directly related to causing, encouraging, recruiting, soliciting, or coercing membership in a gang or communicating a threat with intent to deter, punish, or retaliate against another for withdrawing from a gang	25 points
(c) The offense was part of a pattern of felonious criminal activity involving 3 or more crimes against a person	25 points
(d) The offense was part of a pattern of felonious criminal activity involving a combination of 3 or more crimes against a person or property or a violation of section 7401(2)(a)(i) to (iii) or section 7403(2)(a)(i) to (iii) of the public health code, 1978 PA 368, MCL 333.7401 and 333.7403	10 points
(e) The offense was part of a pattern of felonious criminal activity involving a combination of 3 or more violations of section 7401(2)(a)(i) to (iii) or section 7403(2)(a)(i) to (iii) of the public health code, 1978 PA 368, MCL 333.7401 and 333.7403	10 points
(f) The offense was part of a pattern of felonious criminal activity involving 3 or more crimes against property	5 points
(g) No pattern of felonious criminal activity existed	0 points

(2) All of the following apply to scoring offense variable 13:

(a) For determining the appropriate points under this variable, all crimes within a 5-year period, including the sentencing offense, shall be counted regardless of whether the offense resulted in a conviction.

(b) The presence or absence of multiple offenders, the age of the offenders, or the degree of sophistication of the organized criminal group is not as important as the fact of the group's existence, which may be reasonably inferred from the facts surrounding the sentencing offense.

(c) Except for offenses related to membership in an organized criminal group or that are gang-related, do not score conduct scored in offense variable 11 or 12.

(d) Score 50 points only if the sentencing offense is first degree criminal sexual conduct.

(e) Do not count more than 1 controlled substance offense arising out of the criminal episode for which the person is being sentenced.

(f) Do not count more than 1 crime involving the same 1 controlled substance. For example, do not count conspiracy and a substantive offense involving the same amount of controlled substances or possession and delivery of the same amount of controlled substances.

History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 1999, Act 227, Imd. Eff. Dec. 28, 1999 ;-- Am. 2000, Act 279, Eff. Oct. 1, 2000 ;-- Am. 2002, Act 666, Eff. Mar. 1, 2003 ;-- Am. 2008, Act 562, Eff. Apr. 1, 2009

Compiler's Notes:

In subsection (2)(f), the numeral "1" was not included in the language "the same 1 controlled subtance" as passed by the legislature, but was incorrectly inserted during the electronic formatting of the bill. Subsection (2)(f) should read as follows:

"(f) Do not count more than 1 crime involving the same controlled substance. For example, do not count conspiracy and a substantive offense involving the same amount of controlled substances or posession and delivery of the same amount of controlled substances."

Notes of Decisions

Cited in 373 cases (99 in the last 5 years), 2002–2026 · leading case: People v. Bonilla-Machado, 803 N.W.2d 217 (Mich. 2011).

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People v. Bonilla-Machado, 803 N.W.2d 217 (Mich. 2011). · cites it 92× “Second, we review whether an offense that is statutorily designated as a “crime against public safety” may also be considered a “crime against a person” to establish a continuing pattern of criminal behavior for purposes of scoring offense variable (OV) 13, MCL 777.43. Finally,…”

People v. Francisco, 711 N.W.2d 44 (Mich. 2006). · cites it 22× “" MCL 777.43(1)(b) (emphasis added). "[A]ll crimes within a 5-year period, including the sentencing offense, shall be counted regardless of whether the offense resulted in a conviction.”

People v. Bemer, 777 N.W.2d 464 (Mich. Ct. App. 2009). · cites it 20× “Under MCL 777.43, the trial court must score points under OV 13 on the basis of a defendant’s felonious acts that constitute a continuing pattern of criminal behavior.”

People v. Hardy; People v. Glenn, 494 Mich. 430 (Mich. 2013). · cites it 4× “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. Thompson, 887 N.W.2d 650 (Mich. Ct. App. 2016). · cites it 6× “The parties also argued over the scoring of other OVs that are not relevant to this appeal, including OV 13, MCL 777.43 (continuing pattern of criminal behavior).”

People of Michigan v. Dalton Duane Carll, 915 N.W.2d 387 (Mich. Ct. App. 2018). · cites it 5× “" MCL 777.43. Specifically, the trial court is instructed to score OV 13 at 25 points when the "offense was part of a pattern of felonious criminal activity involving 3 or more crimes against a person.”

People v. Gibbs, 299 Mich. App. 473 (Mich. Ct. App. 2013). · cites it 6× “Additionally, although some subsections of MCL 777.43 contain limitations on a trial court’s ability to score for more than one instance arising out of the same criminal episode, subsection (1)(c) contains no such limitation.”

People of Michigan v. Anthony Ray McFarlane Jr, 926 N.W.2d 339 (Mich. Ct. App. 2018). · cites it 2× “" MCL 777.43(1)(c). The trial court must count all crimes that occurred within a five-year period, which includes the sentencing offense; further, the court must count all offenses even if the offense did not result in a conviction.”

People v. Nix, 836 N.W.2d 224 (Mich. Ct. App. 2013). · cites it 4× “Defendant also argues that the trial court erroneously assigned 25 points for offense variable (OV) 13, MCL 777.43 (continuing pattern of criminal behavior), based on a felonious assault charge that was dismissed in an earlier criminal matter.”

People v. Phelps, 791 N.W.2d 732 (Mich. Ct. App. 2010). · cites it 9× “36 MCL 777.43 governs the scoring of OV 13 and provides in relevant part as follows: (1) Offense variable 13 is continuing pattern of criminal behavior.”

People v. Loper, 830 N.W.2d 836 (Mich. Ct. App. 2013). · cites it 7× “He also argues that the court would have erred had it assessed 25 points for OV 13, MCL 777.43 (continuing pattern of criminal behavior).”

People v. Wilkens, 705 N.W.2d 728 (Mich. Ct. App. 2005). · cites it 4× “MCL 777.43(1)(b). In scoring OV 13, all crimes within a five-year period are counted, including the sentencing offense, regardless of whether the offenses resulted in a conviction.”

Show all 373 citing cases →

— Mich. Comp. Laws § 777.43(1) — 99 cases

People v. Bonilla-Machado, 803 N.W.2d 217 (Mich. 2011). “Second, we review whether an offense that is statutorily designated as a “crime against public safety” may also be considered a “crime against a person” to establish a continuing pattern of criminal behavior for purposes of scoring offense variable (OV) 13, MCL 777.43. Finally,…”

People v. Gibbs, 299 Mich. App. 473 (Mich. Ct. App. 2013). “Additionally, although some subsections of MCL 777.43 contain limitations on a trial court’s ability to score for more than one instance arising out of the same criminal episode, subsection (1)(c) contains no such limitation.”

People v. McDaniel, 662 N.W.2d 101 (Mich. Ct. App. 2003).

People v. Masroor, 880 N.W.2d 812 (Mich. Ct. App. 2015).

People v. Bemer, 777 N.W.2d 464 (Mich. Ct. App. 2009). “Under MCL 777.43, the trial court must score points under OV 13 on the basis of a defendant’s felonious acts that constitute a continuing pattern of criminal behavior.”

— Mich. Comp. Laws § 777.43(1)(2)(a) — 1 case

People of Michigan v. Jeffrey Carl Wade (Mich. Ct. App. 2026).

— Mich. Comp. Laws § 777.43(1)(C) — 2 cases

People of Michigan v. Erin Kathleen Dennis (Mich. Ct. App. 2018).

A People of Michigan v. Clarence Jeffrey Hunt (Mich. Ct. App. 2022).

— Mich. Comp. Laws § 777.43(1)(a) — 41 cases

People v. Smith, 754 N.W.2d 284 (Mich. 2008).

People v. Thompson, 887 N.W.2d 650 (Mich. Ct. App. 2016). “The parties also argued over the scoring of other OVs that are not relevant to this appeal, including OV 13, MCL 777.43 (continuing pattern of criminal behavior).”

People Of Mi V Brian William Furlong (Mich. Ct. App. 2022).

Od People of Michigan v. Brian William Furlong (Mich. Ct. App. 2022).

— Mich. Comp. Laws § 777.43(1)(b) — 10 cases

People v. Francisco, 711 N.W.2d 44 (Mich. 2006). “" MCL 777.43(1)(b) (emphasis added). "[A]ll crimes within a 5-year period, including the sentencing offense, shall be counted regardless of whether the offense resulted in a conviction.”

People v. Wilkens, 705 N.W.2d 728 (Mich. Ct. App. 2005). “MCL 777.43(1)(b). In scoring OV 13, all crimes within a five-year period are counted, including the sentencing offense, regardless of whether the offenses resulted in a conviction.”

People v. Petri, 760 N.W.2d 882 (Mich. Ct. App. 2008).

People v. Jackson, 805 N.W.2d 463 (Mich. Ct. App. 2011).

— Mich. Comp. Laws § 777.43(1)(c) — 196 cases

People of Michigan v. Anthony Ray McFarlane Jr, 926 N.W.2d 339 (Mich. Ct. App. 2018). “" MCL 777.43(1)(c). The trial court must count all crimes that occurred within a five-year period, which includes the sentencing offense; further, the court must count all offenses even if the offense did not result in a conviction.”

People v. Phelps, 791 N.W.2d 732 (Mich. Ct. App. 2010). “36 MCL 777.43 governs the scoring of OV 13 and provides in relevant part as follows: (1) Offense variable 13 is continuing pattern of criminal behavior.”

People of Michigan v. Dalton Duane Carll, 915 N.W.2d 387 (Mich. Ct. App. 2018). “" MCL 777.43. Specifically, the trial court is instructed to score OV 13 at 25 points when the "offense was part of a pattern of felonious criminal activity involving 3 or more crimes against a person.”

People v. Loper, 830 N.W.2d 836 (Mich. Ct. App. 2013). “He also argues that the court would have erred had it assessed 25 points for OV 13, MCL 777.43 (continuing pattern of criminal behavior).”

— Mich. Comp. Laws § 777.43(1)(d) — 39 cases

People of Michigan v. Anthony Gayl Lake (Mich. Ct. App. 2020).

People of Michigan v. Steven Sanchez (Mich. Ct. App. 2022).

People of Michigan v. Courtney D Gillion (Mich. Ct. App. 2016).

— Mich. Comp. Laws § 777.43(1)(e) — 5 cases

People of Michigan v. Raymond Clarence Geddert (Mich. 2016).

People of Michigan v. Rayshon Devon Dover (Mich. Ct. App. 2018).

— Mich. Comp. Laws § 777.43(1)(f) — 7 cases

People of Michigan v. Geraldine Galbraith Taeckens (Mich. Ct. App. 2017).

Od People of Michigan v. Brian William Furlong (Mich. Ct. App. 2022).

People of Michigan v. Javon Maurice Kinnard (Mich. Ct. App. 2022).

— Mich. Comp. Laws § 777.43(1)(g) — 31 cases

People of Michigan v. Carlos Washington (Mich. Ct. App. 2018).

People of Michigan v. Tanino Emon Miller (Mich. Ct. App. 2019).

— Mich. Comp. Laws § 777.43(2) — 8 cases

People of Michigan v. Joseph John Uturo (Mich. Ct. App. 2020).

People of Michigan v. Franklin Curtis Love (Mich. Ct. App. 2016).

People of Michigan v. Dalton Duane Carll (Mich. Ct. App. 2018).

People of Michigan v. Aaron Desean Thompson (Mich. Ct. App. 2021).

— Mich. Comp. Laws § 777.43(2)(a) — 205 cases

People v. McGraw, 771 N.W.2d 655 (Mich. 2009).

People v. Nix, 836 N.W.2d 224 (Mich. Ct. App. 2013). “Defendant also argues that the trial court erroneously assigned 25 points for offense variable (OV) 13, MCL 777.43 (continuing pattern of criminal behavior), based on a felonious assault charge that was dismissed in an earlier criminal matter.”

— Mich. Comp. Laws § 777.43(2)(c) — 40 cases

People v. Loper, 830 N.W.2d 836 (Mich. Ct. App. 2013). “He also argues that the court would have erred had it assessed 25 points for OV 13, MCL 777.43 (continuing pattern of criminal behavior).”

People v. Mutchie, 650 N.W.2d 733 (Mich. Ct. App. 2002).

People v. Williams, 784 N.W.2d 206 (Mich. 2010).

— Mich. Comp. Laws § 777.43(2)(d) — 8 cases

People Of Mi V Brian William Furlong (Mich. Ct. App. 2022).

People of Michigan v. Joshua Aaron Keating (Mich. Ct. App. 2019).

People of Michigan v. Douglas Ray Bemis (Mich. Ct. App. 2019).

People of Michigan v. Joseph John Uturo (Mich. Ct. App. 2020).

People of Michigan v. Janafer Lynn Maynard (Mich. Ct. App. 2020).

— Mich. Comp. Laws § 777.43(2)(e) — 3 cases

People v. Hardy; People v. Glenn, 494 Mich. 430 (Mich. 2013). “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 of Michigan v. Anthony Terrel Wilson (Mich. Ct. App. 2024).

People of Michigan v. Devon Decarlos Glenn Jr (Mich. 2013).

— Mich. Comp. Laws § 777.43(2)(f) — 1 case

— Mich. Comp. Laws § 777.43(2)(i) — 1 case

— Mich. Comp. Laws § 777.43(a) — 2 cases

People of Michigan v. Brian William Furlong (Mich. Ct. App. 2021).

People of Michigan v. Jason Allen Tanis (Mich. Ct. App. 2023).

— Mich. Comp. Laws § 777.43(a)(1) — 1 case

People of Michigan v. Mohammad Masroor (Mich. Ct. App. 2017).

— Mich. Comp. Laws § 777.43(c) — 7 cases

People v. McDaniel, 662 N.W.2d 101 (Mich. Ct. App. 2003).

People of Michigan v. Tyler Jameil Pagel (Mich. Ct. App. 2023).

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

People of Michigan v. James Victor Hackler (Mich. Ct. App. 2018).

— Mich. Comp. Laws § 777.43(l)(a) — 3 cases

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

People v. Masroor, 880 N.W.2d 812 (Mich. Ct. App. 2015).

— Mich. Comp. Laws § 777.43(l)(b) — 5 cases

People v. Harmon, 640 N.W.2d 314 (Mich. Ct. App. 2002).

People v. Cline, 741 N.W.2d 563 (Mich. Ct. App. 2007).

— Mich. Comp. Laws § 777.43(l)(c) — 8 cases

People v. Loper, 830 N.W.2d 836 (Mich. Ct. App. 2013). “He also argues that the court would have erred had it assessed 25 points for OV 13, MCL 777.43 (continuing pattern of criminal behavior).”

People v. Jackson (On Reconsideration), 884 N.W.2d 297 (Mich. Ct. App. 2015).

— Mich. Comp. Laws § 777.43(l)(d) — 5 cases

People v. Harverson, 804 N.W.2d 757 (Mich. Ct. App. 2010).

People v. Earl, 822 N.W.2d 271 (Mich. Ct. App. 2012).

People v. Davis, 834 N.W.2d 897 (Mich. Ct. App. 2013).

People v. Jackson, 805 N.W.2d 463 (Mich. Ct. App. 2011).

— Mich. Comp. Laws § 777.43(l)(f) — 1 case

— Mich. Comp. Laws § 777.43(l)(g) — 2 cases

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