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

Mich. Comp. Laws § 777.49 (2026)

Security threat to penal institution or court or interference with administration of justice or emergency services.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


777.49 Security threat to penal institution or court or interference with administration of justice or emergency services.

Sec. 49.

    Offense variable 19 is threat to the security of a penal institution or court or interference with the administration of justice or the rendering of emergency services. Score offense variable 19 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 by his or her conduct threatened the security of a penal institution or court

    25 points

    (b) The offender used force or the threat of force against another person or the property of another person to interfere with, attempt to interfere with, or that results in the interference with the administration of justice or the rendering of emergency services

    15 points

    (c) The offender otherwise interfered with or attempted to interfere with the administration of justice, or directly or indirectly violated a personal protection order

    10 points

    (d) The offender did not threaten the security of a penal institution or court or interfere with or attempt to interfere with the administration of justice or the rendering of emergency services by force or threat of force

    0 points

    

History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2001, Act 136, Imd. Eff. Oct. 23, 2001 ;-- Am. 2002, Act 137, Eff. Apr. 22, 2002 ;-- Am. 2018, Act 652, Eff. Mar. 28, 2019

Notes of Decisions
Cited in 371 cases (116 in the last 5 years), 2003–2026 · leading case: People v. Smith, 793 N.W.2d 666 (Mich. 2010).
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People v. Smith, 793 N.W.2d 666 (Mich. 2010). · cites it 18× “The issue presented in this case is whether offense variable (OV) 19, MCL 777.49, may be scored for aggravating conduct that occurred after the sentencing offense was completed.”
People v. Hershey, 844 N.W.2d 127 (Mich. Ct. App. 2013). · cites it 9× “46, and 10 points for OV 19, MCL 777.49. At no point during the sentencing, however, did anyone discuss the proposed scoring of the OV factors or the trial court’s intentions with regard to scoring.”
People of Michigan v. Dawn Marie Dixon-Bey, 909 N.W.2d 458 (Mich. Ct. App. 2017). · cites it 3× “Further, the trial court’s reliance on the fact that defendant apparently failed to disclose the location of the murder weapon would ordinarily trigger the application of OV 19 (interfering with the administration of justice), MCL 777.49, not an upward departure. The trial court…”
People of Michigan v. Vicki Renee Dickinson, 909 N.W.2d 24 (Mich. Ct. App. 2017). · cites it 4× “In her motion for acquittal, defendant argued that she could not be convicted and punished for both delivery and possession of heroin because that would violate the constitutional prohibition against double jeopardy.”
People v. Biddles, 896 N.W.2d 461 (Mich. Ct. App. 2016). · cites it 3× “-finding in and of itself, it was judicial fact-finding in conjunction with required application of those found facts for purposes of increasing a mandatory minimum sentence range, which constitutional violation was remedied in Lockridge by making the 3 In People v Sours, __…”
People v. Portellos, 298 Mich. App. 431 (Mich. Ct. App. 2012). · cites it 10× “” 36 This offense variable, MCL 777.49, provides in part that the trial court should assess points when the following occur: (b) The offender used force or the threat of force against another person or the property of another person to interfere with, attempt to interfere with,…”
People v Sours, 890 N.W.2d 401 (Mich. Ct. App. 2016). · cites it 3× “The instructions for scoring OV 19 are found in MCL 777.49, which requires the assignment of 10 points if “[t]he offender otherwise interfered with or attempted to interfere with the administration of justice.”
People of Michigan v. Chad Michael Carpenter, 912 N.W.2d 579 (Mich. Ct. App. 2018). · cites it 5× “As part of defendant's plea bargain, defendant and the prosecution agreed that Offense Variable (OV) 19 (interference with the administration of justice), MCL 777.49, would be assessed zero points for the armed-robbery and breaking-and-entering convictions.”
People v. Ericksen, 793 N.W.2d 120 (Mich. Ct. App. 2010). · cites it 2× “With regard to OV 19, MCL 777.49(c) requires that the sentencing court assess 10 points if “[t]he offender otherwise interfered with or attempted to interfere with the administration of justice[.”
People v. Underwood, 750 N.W.2d 612 (Mich. Ct. App. 2008). · cites it 7× “At sentencing, the prosecutor argued that OV 19, MCL 777.49, should be scored at 10 points, and not zero points, because defendant interfered with the administration of justice by perjuring himself at the jury trial.”
People v. Passage, 743 N.W.2d 746 (Mich. Ct. App. 2008). · cites it 5× “Defendant next argues that the trial court erred in assessing points for offense variable (OV) 19, MCL 777.49, which concerns interference with the administration of justice, because the Meijer's employees were private citizens trying to prevent shoplifting, not police officials…”
People v. Passage, 277 Mich. App. 175 (Mich. Ct. App. 2007). · cites it 5× “Defendant next argues that the trial court erred in assessing points for offense variable (OV) 19, MCL 777.49, which concerns interference with the administration of justice, because the Meijer’s employees were private citizens trying to prevent shoplifting, not police officials…”
Show all 371 citing cases →
— Mich. Comp. Laws § 777.49(1) — 13 cases
People of Michigan v. Steven Lee Krygowski (Mich. Ct. App. 2016).
People of Michigan v. Matthew Morris Baker (Mich. Ct. App. 2016).
People of Michigan v. Jerry Ray Wooster (Mich. Ct. App. 2017).
People of Michigan v. David Lyle Dye (Mich. Ct. App. 2017).
People of Michigan v. David Lyle Dye (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 777.49(1)(a) — 4 cases
People v. Smith, 754 N.W.2d 284 (Mich. 2008).
People of Michigan v. David Lyle Dye (Mich. Ct. App. 2017).
People of Michigan v. David Lyle Dye (Mich. Ct. App. 2017).
People of Michigan v. Alize Zachary Dwayne Montague (Mich. Ct. App. 2021).
— Mich. Comp. Laws § 777.49(1)(b) — 2 cases
People of Michigan v. Jerry Ray Wooster (Mich. Ct. App. 2017).
People of Michigan v. Michael Germaine Burton (Mich. Ct. App. 2020).
— Mich. Comp. Laws § 777.49(1)(c) — 7 cases
People of Michigan v. Derek Joseph Bailey (Mich. Ct. App. 2017).
People of Michigan v. Derek Joseph Bailey (Mich. Ct. App. 2017).
People of Michigan v. Jerry Ray Wooster (Mich. Ct. App. 2017).
People of Michigan v. Jerrell Lashon Finch (Mich. Ct. App. 2020).
People of Michigan v. Douglas James Crystal Jr (Mich. Ct. App. 2020).
— Mich. Comp. Laws § 777.49(1)(d) — 2 cases
People of Michigan v. Crystal L Shelton-Randolph (Mich. Ct. App. 2017).
People of Michigan v. Crystal L Shelton-Randolph (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 777.49(a) — 40 cases
People v. Smith, 793 N.W.2d 666 (Mich. 2010). “The issue presented in this case is whether offense variable (OV) 19, MCL 777.49, may be scored for aggravating conduct that occurred after the sentencing offense was completed.”
People of Michigan v. Chad Michael Carpenter, 912 N.W.2d 579 (Mich. Ct. App. 2018). “As part of defendant's plea bargain, defendant and the prosecution agreed that Offense Variable (OV) 19 (interference with the administration of justice), MCL 777.49, would be assessed zero points for the armed-robbery and breaking-and-entering convictions.”
People v. Ward, 765 N.W.2d 881 (Mich. 2009).
Msc 162221 People Of Mi V Hamin Lorenzo Dixon Supremecourtopinion 4/28/2022 (Mich. 2022).
People of Michigan v. Hamin Lorenzo Dixon (Mich. 2022).
— Mich. Comp. Laws § 777.49(b) — 62 cases
People v. Smith, 793 N.W.2d 666 (Mich. 2010). “The issue presented in this case is whether offense variable (OV) 19, MCL 777.49, may be scored for aggravating conduct that occurred after the sentencing offense was completed.”
People v. Passage, 743 N.W.2d 746 (Mich. Ct. App. 2008). “Defendant next argues that the trial court erred in assessing points for offense variable (OV) 19, MCL 777.49, which concerns interference with the administration of justice, because the Meijer's employees were private citizens trying to prevent shoplifting, not police officials…”
People v. Passage, 277 Mich. App. 175 (Mich. Ct. App. 2007). “Defendant next argues that the trial court erred in assessing points for offense variable (OV) 19, MCL 777.49, which concerns interference with the administration of justice, because the Meijer’s employees were private citizens trying to prevent shoplifting, not police officials…”
People v. Endres, 711 N.W.2d 398 (Mich. Ct. App. 2006).
People v. McDonald, 811 N.W.2d 507 (Mich. Ct. App. 2011).
— Mich. Comp. Laws § 777.49(c) — 196 cases
People v. Ericksen, 793 N.W.2d 120 (Mich. Ct. App. 2010). “With regard to OV 19, MCL 777.49(c) requires that the sentencing court assess 10 points if “[t]he offender otherwise interfered with or attempted to interfere with the administration of justice[.”
People v Sours, 890 N.W.2d 401 (Mich. Ct. App. 2016). “The instructions for scoring OV 19 are found in MCL 777.49, which requires the assignment of 10 points if “[t]he offender otherwise interfered with or attempted to interfere with the administration of justice.”
People v. Hershey, 844 N.W.2d 127 (Mich. Ct. App. 2013). “46, and 10 points for OV 19, MCL 777.49. At no point during the sentencing, however, did anyone discuss the proposed scoring of the OV factors or the trial court’s intentions with regard to scoring.”
People v. Portellos, 298 Mich. App. 431 (Mich. Ct. App. 2012). “” 36 This offense variable, MCL 777.49, provides in part that the trial court should assess points when the following occur: (b) The offender used force or the threat of force against another person or the property of another person to interfere with, attempt to interfere with,…”
People v. Smith, 793 N.W.2d 666 (Mich. 2010). “The issue presented in this case is whether offense variable (OV) 19, MCL 777.49, may be scored for aggravating conduct that occurred after the sentencing offense was completed.”
— Mich. Comp. Laws § 777.49(d) — 13 cases
People v. Underwood, 750 N.W.2d 612 (Mich. Ct. App. 2008). “At sentencing, the prosecutor argued that OV 19, MCL 777.49, should be scored at 10 points, and not zero points, because defendant interfered with the administration of justice by perjuring himself at the jury trial.”
People of Michigan v. Clarence Jovan Davison (Mich. Ct. App. 2016).
People of Michigan v. Tywaun Tramel Coakley (Mich. Ct. App. 2018).
People of Michigan v. Tywaun Tramel Coakley (Mich. Ct. App. 2018).
People of Michigan v. Maxwell Lomax Brack (Mich. Ct. App. 2018).
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