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

Mich. Comp. Laws § 777.47 (2026)

Degree of negligence exhibited.

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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


777.47 Degree of negligence exhibited.

Sec. 47.

    (1) Offense variable 17 is degree of negligence exhibited. Score offense variable 17 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 offender showed a wanton or reckless disregard for the life or property of another person

    10 points

    (b) The offender failed to show the degree of care that a person of ordinary prudence in a similar situation would have shown

    5 points

    (c) The offender was not negligent

    0 points

    (2) Do not score 10 points if points are given in offense variable 6.

    

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

Notes of Decisions
Cited in 37 cases (15 in the last 5 years), 2009–2026 · leading case: People v. Wright, 767 N.W.2d 447 (Mich. 2009).
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People v. Wright, 767 N.W.2d 447 (Mich. 2009). · cites it 2× “MCL 777.47(1), 777.22(1). In addition, Prior Record Variable 1 (PRV 1) was misscored.”
People of Michigan v. Michael Wayne Herron, No. 354433 (Mich. Ct. App. May 12, 2022). · cites it 6× “47(1)(a) provides that a trial court must assess 10 points for OV 17 when “[t]he offender showed a wanton or reckless disregard for the life or property of another person.”
People of Michigan v. Sade Nicole Keith, No. 364843 (Mich. Ct. App. Apr. 9, 2025). · cites it 5× “36 (intent to kill or injure another individual), and OV 17, MCL 777.47 (degree of negligence exhibited).”
People of Michigan v. Claudine Parker-Smith, No. 346384 (Mich. Ct. App. Feb. 20, 2020). · cites it 4× “MCL 777.47 does not require a finding that defendant acted with an intent to harm the victim, but that defendant acted wantonly or with reckless disregard for the victim’s life.”
People of Michigan v. Ryan Joseph Philipps, No. 360042 (Mich. Ct. App. July 20, 2023). · cites it 4× “” MCL 777.47(1)(a). Wantonness is conduct that indicates that “the actor is aware of the risks but indifferent to the results.”
People of Michigan v. Kimberly Dawn Nix, No. 369766 (Mich. Ct. App. Mar. 26, 2025). · cites it 4× “On the other hand, if “[t]he offender was not negligent,” the sentencing court must assess zero points.”
People of Michigan v. Bobby Maurice Cochran, No. 323916 (Mich. Ct. App. Mar. 31, 2016). · cites it 3× “” MCL 777.47(1)(a). Defendant’s convictions for failure to stop at the scene of an accident resulting in serious impairment of a body function, operation of a motor vehicle with a suspended license causing serious impairment of a body function, and felonious assault involved the…”
People of Michigan v. Tywaun Tramel Coakley, No. 337318 (Mich. Ct. App. July 12, 2018). · cites it 3× “MCL 777.47(1)(a) authorizes a 10-point score for OV 17 if “[t]he offender showed a wanton or reckless disregard for the life or property of another person.”
People of Michigan v. Tywaun Tramel Coakley, No. 337318 (Mich. Ct. App. July 12, 2018). · cites it 3× “MCL 777.47(1)(a) authorizes a 10-point score for OV 17 if “[t]he offender showed a wanton or reckless disregard for the life or property of another person.”
People of Michigan v. Javier Cano-Monarrez, No. 343547 (Mich. Ct. App. July 30, 2019). · cites it 3× “This leaves open the possibility that a defendant who intended to kill or injure another may be assessed 5 points under OV 17 for failing “to show the degree of care that a person of ordinary prudence in a similar situation would have shown.”
20250124_C368956_36_368956.Opn.Pdf, No. 20250124 (Mich. Ct. App. Jan. 24, 2025). · cites it 3× “” MCL 777.47(1). OV 17 is properly assessed at 10 points if “[t]he offender showed a wanton or reckless disregard for the life or property of another person.”
People of Michigan v. Ezra Henry Phillips, No. 366144 (Mich. Ct. App. Mar. 26, 2025). · cites it 3× “MCL 777.47(1). The court should assess 10 points for OV 17 if “[t]he offender showed a wanton or reckless disregard for the life or property of another person.”
Show all 37 citing cases →
Mich. Comp. Laws § 777.47(1): 9 cases
People v. Wright, 767 N.W.2d 447 (Mich. 2009). “MCL 777.47(1), 777.22(1). In addition, Prior Record Variable 1 (PRV 1) was misscored.”
People of Michigan v. Javier Cano-Monarrez, No. 343547 (Mich. Ct. App. July 30, 2019). “This leaves open the possibility that a defendant who intended to kill or injure another may be assessed 5 points under OV 17 for failing “to show the degree of care that a person of ordinary prudence in a similar situation would have shown.”
People of Michigan v. Claudine Parker-Smith, No. 346384 (Mich. Ct. App. Feb. 20, 2020). “MCL 777.47 does not require a finding that defendant acted with an intent to harm the victim, but that defendant acted wantonly or with reckless disregard for the victim’s life.”
20230126_C360594_45_360594.Opn.Pdf, No. 20230126 (Mich. Ct. App. Jan. 26, 2023).
20250124_C368956_36_368956.Opn.Pdf, No. 20250124 (Mich. Ct. App. Jan. 24, 2025). “” MCL 777.47(1). OV 17 is properly assessed at 10 points if “[t]he offender showed a wanton or reckless disregard for the life or property of another person.”
Mich. Comp. Laws § 777.47(1)(a): 20 cases
People of Michigan v. Ryan Joseph Philipps, No. 360042 (Mich. Ct. App. July 20, 2023). “” MCL 777.47(1)(a). Wantonness is conduct that indicates that “the actor is aware of the risks but indifferent to the results.”
People of Michigan v. Bobby Maurice Cochran, No. 323916 (Mich. Ct. App. Mar. 31, 2016). “” MCL 777.47(1)(a). Defendant’s convictions for failure to stop at the scene of an accident resulting in serious impairment of a body function, operation of a motor vehicle with a suspended license causing serious impairment of a body function, and felonious assault involved the…”
People of Michigan v. Michael Wayne Herron, No. 354433 (Mich. Ct. App. May 12, 2022). “47(1)(a) provides that a trial court must assess 10 points for OV 17 when “[t]he offender showed a wanton or reckless disregard for the life or property of another person.”
People of Michigan v. Daniel Lee Bowman, No. 361291 (Mich. Ct. App. Dec. 21, 2023).
20250124_C368956_36_368956.Opn.Pdf, No. 20250124 (Mich. Ct. App. Jan. 24, 2025). “” MCL 777.47(1). OV 17 is properly assessed at 10 points if “[t]he offender showed a wanton or reckless disregard for the life or property of another person.”
Mich. Comp. Laws § 777.47(1)(b): 5 cases
People of Michigan v. Johnnie Derek Rogers, No. 332624 (Mich. Ct. App. Aug. 8, 2017).
People of Michigan v. Johnnie Derek Rogers, No. 332624 (Mich. Ct. App. Aug. 8, 2017).
People of Michigan v. Tywaun Tramel Coakley, No. 337318 (Mich. Ct. App. July 12, 2018). “MCL 777.47(1)(a) authorizes a 10-point score for OV 17 if “[t]he offender showed a wanton or reckless disregard for the life or property of another person.”
People of Michigan v. Tywaun Tramel Coakley, No. 337318 (Mich. Ct. App. July 12, 2018). “MCL 777.47(1)(a) authorizes a 10-point score for OV 17 if “[t]he offender showed a wanton or reckless disregard for the life or property of another person.”
People of Michigan v. Sade Nicole Keith, No. 364843 (Mich. Ct. App. Apr. 9, 2025). “36 (intent to kill or injure another individual), and OV 17, MCL 777.47 (degree of negligence exhibited).”
Mich. Comp. Laws § 777.47(1)(c): 3 cases
People of Michigan v. Bobby Maurice Cochran, No. 323916 (Mich. Ct. App. Mar. 31, 2016). “” MCL 777.47(1)(a). Defendant’s convictions for failure to stop at the scene of an accident resulting in serious impairment of a body function, operation of a motor vehicle with a suspended license causing serious impairment of a body function, and felonious assault involved the…”
People of Michigan v. Javier Cano-Monarrez, No. 343547 (Mich. Ct. App. July 30, 2019). “This leaves open the possibility that a defendant who intended to kill or injure another may be assessed 5 points under OV 17 for failing “to show the degree of care that a person of ordinary prudence in a similar situation would have shown.”
People of Michigan v. Kimberly Dawn Nix, No. 369766 (Mich. Ct. App. Mar. 26, 2025). “On the other hand, if “[t]he offender was not negligent,” the sentencing court must assess zero points.”
Mich. Comp. Laws § 777.47(1)(g): 1 case
People of Michigan v. MacKenzie Lynn Quarrels, No. 362223 (Mich. Ct. App. Dec. 21, 2023).
Mich. Comp. Laws § 777.47(2): 8 cases
People of Michigan v. Michael Wayne Herron, No. 354433 (Mich. Ct. App. May 12, 2022). “47(1)(a) provides that a trial court must assess 10 points for OV 17 when “[t]he offender showed a wanton or reckless disregard for the life or property of another person.”
People of Michigan v. Tywaun Tramel Coakley, No. 337318 (Mich. Ct. App. July 12, 2018). “MCL 777.47(1)(a) authorizes a 10-point score for OV 17 if “[t]he offender showed a wanton or reckless disregard for the life or property of another person.”
People of Michigan v. Tywaun Tramel Coakley, No. 337318 (Mich. Ct. App. July 12, 2018). “MCL 777.47(1)(a) authorizes a 10-point score for OV 17 if “[t]he offender showed a wanton or reckless disregard for the life or property of another person.”
People of Michigan v. Javier Cano-Monarrez, No. 343547 (Mich. Ct. App. July 30, 2019).
People of Michigan v. Ryan Joseph Philipps, No. 360042 (Mich. Ct. App. July 20, 2023). “” MCL 777.47(1)(a). Wantonness is conduct that indicates that “the actor is aware of the risks but indifferent to the results.”
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