THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
777.46 Property obtained, damaged, lost, or destroyed.
Sec. 46.
(1) Offense variable 16 is property obtained, damaged, lost, or destroyed. Score offense variable 16 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)
For a conviction under section 50 of the Michigan penal code, 1931 PA 328,
MCL 750.50, the property was 25 or more animals
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25
points
|
|
(b)
For a conviction under section 50 of the Michigan penal code, 1931 PA 328,
MCL 750.50, the property was 10 or more animals but fewer than 25 animals
|
10
points
|
|
(c)
Wanton or malicious damage occurred beyond that necessary to commit the crime
for which the offender is not charged and will not be charged
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10
points
|
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(d)
The property had a value of more than $20,000.00 or had significant
historical, social, or sentimental value
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10
points
|
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(e)
The property had a value of $1,000.00 or more but not more than $20,000.00
|
5
points
|
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(f)
The property had a value of $200.00 or more but not more than $1,000.00
|
1
point
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(g)
No property was obtained, damaged, lost, or destroyed or the property had a
value of less than $200.00
|
0
points
|
(2) All of the following apply to scoring offense variable 16:
(a) In multiple offender or victim cases, the appropriate points may be determined by adding together the aggregate value of the property involved, including property involved in uncharged offenses or charges dismissed under a plea agreement.
(b) In cases in which the property was obtained unlawfully, 28 lost to the lawful owner, or destroyed, use the value of the property in scoring this variable. If the property was damaged, use the monetary amount appropriate to restore the property to pre-offense condition in scoring this variable.
(c) The amount of money or property involved in admitted but uncharged offenses or in charges that have been dismissed under a plea agreement may be considered.
History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 1999, Act 227, Imd. Eff. Dec. 28, 1999 ;-- Am. 2018, Act 652, Eff. Mar. 28, 2019
Compiler's Notes:
In subsection (2)(b), the reference to "unlawfully, 28 lost" evidently should read "unlawfully, lost."
Notes of Decisions
Cited in
53
cases (
15 in the last 5 years), 2001–2026 · leading case:
People v. Hershey, 844 N.W.2d 127 (Mich. Ct. App. 2013).
People v. Hershey, 844 N.W.2d 127 (Mich. Ct. App. 2013).
· cites it 9× “In the Sentencing Information Report (SIR), which was attached to the PSIR, the probation department recommended assessing 5 points for OV 16, MCL 777.46, and 10 points for OV 19, MCL 777.”
People v. Harper, 739 N.W.2d 523 (Mich. 2007).
· cites it 4× “" MCL 777.46(1)(c). Harper did not admit the value of the stolen property.”
People v. Kimble, 651 N.W.2d 798 (Mich. Ct. App. 2002).
· cites it 6× “Accordingly, the trial court did not err in assigning fifteen points for OV 10.”
People v. McGraw, 771 N.W.2d 655 (Mich. 2009).
· cites it 2× “" MCL 777.46(2)(a). Finally, OV 8 (asportation or captivity of victim) specifically focuses on conduct "beyond the time necessary *659 to commit the offense.”
People v. Morson, 685 N.W.2d 203 (Mich. 2004).
· cites it 2× “" MCL 777.46(2)(a). Finally, OV 8 (scoring for victim asportation or captivity) specifically focuses on conduct "beyond the time necessary to commit the offense.”
People v. Gloster, 880 N.W.2d 776 (Mich. 2016).
· cites it 2× “MCL 777.46(2)(a). MCL 777.41(2)(a) (emphasis added).”
People v. Smith, 793 N.W.2d 666 (Mich. 2010).
· cites it 2× “43(2)(a) allows scoring of OV 13 using “all crimes within a 5-year period,” MCL 777.46(2)(a) permits a court to add the “aggregate value of the property involved” when scoring OV 16, and MCL 777.”
People v. McCuller, 739 N.W.2d 563 (Mich. 2007).
· cites it 2× “33, or the full value of property he has stolen for purposes of OV 16, MCL 777.46. [13] MCL 769.34(4)(c) provides: If the upper limit of the recommended minimum sentence exceeds 18 months and the lower limit of the recommended minimum sentence is 12 months or less, the court…”
People v. Sargent, 750 N.W.2d 161 (Mich. 2008).
“” MCL 777.46(2)(a). Finally, OV 8 (asportation or captivity of victim) specifically focuses on conduct “beyond the time necessary to commit the offense.”
People v. Melton, 722 N.W.2d 698 (Mich. Ct. App. 2006).
· cites it 2× “46, the sentencing court may add together the aggregate value of the property obtained, damaged, lost, or destroyed, including the property owned by multiple victims, OV 16 addresses the total value of the property involved, not the number of victims affected by the crime.”
People v. Leversee, 622 N.W.2d 325 (Mich. Ct. App. 2001).
· cites it 2× “1274(43), offense variable four (ov 4), psychological injury to a victim, MCL 777.34; MSA 28.1274(44), offense variable seven (ov 7), aggravated physical abuse, MCL 777.”
— Mich. Comp. Laws § 777.46(1) — 13 cases
People v. Leversee, 622 N.W.2d 325 (Mich. Ct. App. 2001).
“1274(43), offense variable four (ov 4), psychological injury to a victim, MCL 777.34; MSA 28.1274(44), offense variable seven (ov 7), aggravated physical abuse, MCL 777.”
— Mich. Comp. Laws § 777.46(1)(a) — 5 cases
— Mich. Comp. Laws § 777.46(1)(b) — 5 cases
— Mich. Comp. Laws § 777.46(1)(c) — 13 cases
People v. Harper, 739 N.W.2d 523 (Mich. 2007).
“" MCL 777.46(1)(c). Harper did not admit the value of the stolen property.”
— Mich. Comp. Laws § 777.46(1)(d) — 12 cases
— Mich. Comp. Laws § 777.46(1)(e) — 9 cases
— Mich. Comp. Laws § 777.46(1)(f) — 2 cases
— Mich. Comp. Laws § 777.46(2)(a) — 6 cases
People v. McGraw, 771 N.W.2d 655 (Mich. 2009).
“" MCL 777.46(2)(a). Finally, OV 8 (asportation or captivity of victim) specifically focuses on conduct "beyond the time necessary *659 to commit the offense.”
People v. Morson, 685 N.W.2d 203 (Mich. 2004).
“" MCL 777.46(2)(a). Finally, OV 8 (scoring for victim asportation or captivity) specifically focuses on conduct "beyond the time necessary to commit the offense.”
People v. Smith, 793 N.W.2d 666 (Mich. 2010).
“43(2)(a) allows scoring of OV 13 using “all crimes within a 5-year period,” MCL 777.46(2)(a) permits a court to add the “aggregate value of the property involved” when scoring OV 16, and MCL 777.”
People v. Gloster, 880 N.W.2d 776 (Mich. 2016).
“MCL 777.46(2)(a). MCL 777.41(2)(a) (emphasis added).”
People v. Sargent, 750 N.W.2d 161 (Mich. 2008).
“” MCL 777.46(2)(a). Finally, OV 8 (asportation or captivity of victim) specifically focuses on conduct “beyond the time necessary to commit the offense.”
— Mich. Comp. Laws § 777.46(2)(b) — 2 cases
People v. Hershey, 844 N.W.2d 127 (Mich. Ct. App. 2013).
“In the Sentencing Information Report (SIR), which was attached to the PSIR, the probation department recommended assessing 5 points for OV 16, MCL 777.46, and 10 points for OV 19, MCL 777.”
— Mich. Comp. Laws § 777.46(2)(c) — 1 case
— Mich. Comp. Laws § 777.46(l)(b) — 1 case
People v. Gloster, 880 N.W.2d 776 (Mich. 2016).
“MCL 777.46(2)(a). MCL 777.41(2)(a) (emphasis added).”
— Mich. Comp. Laws § 777.46(l)(c) — 2 cases
People v. Harper, 739 N.W.2d 523 (Mich. 2007).
“" MCL 777.46(1)(c). Harper did not admit the value of the stolen property.”
People v. Hershey, 844 N.W.2d 127 (Mich. Ct. App. 2013).
“In the Sentencing Information Report (SIR), which was attached to the PSIR, the probation department recommended assessing 5 points for OV 16, MCL 777.46, and 10 points for OV 19, MCL 777.”
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