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

Mich. Comp. Laws § 777.49a (2026)

Terrorism; definitions.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


777.49a Terrorism; definitions.

Sec. 49a.

    (1) Offense variable 20 is terrorism. Score offense variable 20 by determining which of the following applies and by assigning the number of points attributable to the one that has the highest number of points:

    

    (a) The offender committed an act of terrorism by using or threatening to use a harmful biological substance, harmful biological device, harmful chemical substance, harmful chemical device, harmful radioactive material, harmful radioactive device, incendiary device, or explosive device

    100 points

    (b)The offender committed an act of terrorism without using or threatening to use a harmful biological substance, harmful biological device, harmful chemical substance, harmful chemical device, harmful radioactive material, harmful radioactive device, incendiary device, or explosive device

    50 points

    (c) The offender supported an act of terrorism, a terrorist, or a terrorist organization

    25 points

    (d) The offender did not commit an act of terrorism or support an act of terrorism, a terrorist, or a terrorist organization

    0 points

    (2) As used in this section:

    (a) "Act of terrorism" and "terrorist" mean those terms as defined in section 543b of the Michigan penal code, 1931 PA 328, MCL 750.543b.

    (b) "Harmful biological substance", "harmful biological device", "harmful chemical substance", "harmful chemical device", "harmful radioactive material", and "harmful radioactive device" mean those terms as defined in section 200h of the Michigan penal code, 1931 PA 328, MCL 750.200h.

    (c) "Incendiary device" includes gasoline or any other flammable substance, a blowtorch, fire bomb, Molotov cocktail, or other similar device.

    (d) "Terrorist organization" means that term as defined in section 543c of the Michigan penal code, 1931 PA 328, MCL 750.543c.

    

History: Add. 2002, Act 137, Eff. Apr. 22, 2002

Notes of Decisions
Cited in 14 cases, 2007–2019 · leading case: People v. Osantowski, 748 N.W.2d 799 (Mich. 2008).
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People v. Osantowski, 748 N.W.2d 799 (Mich. 2008). · cites it 18× “In a published opinion, the Court of Appeals reversed, concluding that defendant's threats to use an incendiary or explosive device required a score of 100 points.”
People v. Hardy; People v. Glenn, 494 Mich. 430 (Mich. 2013). · cites it 2× “Concurrent with the 2002 amendment to OV 7, a new offense variable was created, OV 20, MCL 777.49a, which directs scoring for an act of terrorism.”
People v. Smith, 754 N.W.2d 284 (Mich. 2008). · cites it 2× “43(1)(a); OV 14 (offender's role) (10 points), MCL 777.44(1)(a); OV 19 (security threats or interference with justice) (25 points), MCL 777.”
People v. Osantowski, 736 N.W.2d 289 (Mich. Ct. App. 2007). · cites it 5× “SCORING OF MCL 777.49a On cross-appeal, the prosecutor argues that the trial court erred in interpreting MCL 777.”
People v. Peltola, 803 N.W.2d 140 (Mich. 2011). “31 through MCL 777.49a]. Total those points to determine the offender’s offense variable level.”
People of Michigan v. David Robert Seastrom (Mich. Ct. App. 2019). · cites it 8× “Score offense variable 20 by determining which of the following applies and by assigning the number of points attributable to the one that has the highest number of points: -2- * * * (b) The offender committed an act of terrorism without using or threatening to use a harmful…”
People of Michigan v. Henry Earl Lowe (Mich. Ct. App. 2019). · cites it 3× “” MCL 777.49a provides for the assessment of points for “terrorism” as follows: (a) The offender committed an act of terrorism by using or threatening to use a harmful biological substance, harmful biological device, harmful chemical substance, harmful chemical device, harmful…”
People v. Osantowski, 741 N.W.2d 383 (Mich. 2007). “The parties shall address whether, under MCL 777.49a, a threat must itself constitute an "act of terrorism," as defined by MCL 750.”
People of Michigan v. Sean William Quigley (Mich. Ct. App. 2016). · cites it 2× “OV 20 MCL 777.49a provides, in pertinent part: 2 We acknowledge the Michigan Supreme Court’s recent holding in People v Lockridge, 498 Mich 358, 364-365 ; 870 NW2d 502 (2015), which declared Michigan’s sentencing guidelines unconstitutional to the extent that the guidelines…”
People of Michigan v. Sean William Quigley (Mich. Ct. App. 2019). · cites it 2× “” MCL 777.49a(1)(a). “Act of terrorism” is defined in MCL 750.”
People of Michigan v. Jemarcus Jovon Watkins (Mich. Ct. App. 2015). · cites it 2× “]” MCL 777.49a(1)(a). An act of terrorism is a violent felony that is dangerous to human life and that “is intended to intimidate or coerce a civilian population .”
People of Michigan v. Malcolm Xavier Jeffries (Mich. Ct. App. 2017). “31 to MCL 777.49a. Further, as indicated in Steanhouse, 313 Mich App at 39 , it is appropriate to consider, for purposes of sentencing and proportionality, a defendant’s conduct while in custody, expressions -17- of remorse, and the potential for rehabilitation.”
Show all 14 citing cases →
— Mich. Comp. Laws § 777.49a(1) — 1 case
People v. Osantowski, 748 N.W.2d 799 (Mich. 2008). “In a published opinion, the Court of Appeals reversed, concluding that defendant's threats to use an incendiary or explosive device required a score of 100 points.”
— Mich. Comp. Laws § 777.49a(1)(a) — 5 cases
People v. Osantowski, 748 N.W.2d 799 (Mich. 2008). “In a published opinion, the Court of Appeals reversed, concluding that defendant's threats to use an incendiary or explosive device required a score of 100 points.”
People v. Smith, 754 N.W.2d 284 (Mich. 2008). “43(1)(a); OV 14 (offender's role) (10 points), MCL 777.44(1)(a); OV 19 (security threats or interference with justice) (25 points), MCL 777.”
People of Michigan v. David Robert Seastrom (Mich. Ct. App. 2019). “Score offense variable 20 by determining which of the following applies and by assigning the number of points attributable to the one that has the highest number of points: -2- * * * (b) The offender committed an act of terrorism without using or threatening to use a harmful…”
People of Michigan v. Sean William Quigley (Mich. Ct. App. 2019). “” MCL 777.49a(1)(a). “Act of terrorism” is defined in MCL 750.”
People of Michigan v. Jemarcus Jovon Watkins (Mich. Ct. App. 2015). “]” MCL 777.49a(1)(a). An act of terrorism is a violent felony that is dangerous to human life and that “is intended to intimidate or coerce a civilian population .”
— Mich. Comp. Laws § 777.49a(1)(b) — 1 case
People of Michigan v. David Robert Seastrom (Mich. Ct. App. 2019). “Score offense variable 20 by determining which of the following applies and by assigning the number of points attributable to the one that has the highest number of points: -2- * * * (b) The offender committed an act of terrorism without using or threatening to use a harmful…”
— Mich. Comp. Laws § 777.49a(1)(c) — 2 cases
People v. Osantowski, 748 N.W.2d 799 (Mich. 2008). “In a published opinion, the Court of Appeals reversed, concluding that defendant's threats to use an incendiary or explosive device required a score of 100 points.”
People of Michigan v. David Robert Seastrom (Mich. Ct. App. 2019). “Score offense variable 20 by determining which of the following applies and by assigning the number of points attributable to the one that has the highest number of points: -2- * * * (b) The offender committed an act of terrorism without using or threatening to use a harmful…”
— Mich. Comp. Laws § 777.49a(2)(a) — 6 cases
People v. Osantowski, 748 N.W.2d 799 (Mich. 2008). “In a published opinion, the Court of Appeals reversed, concluding that defendant's threats to use an incendiary or explosive device required a score of 100 points.”
People of Michigan v. Sean William Quigley (Mich. Ct. App. 2016). “OV 20 MCL 777.49a provides, in pertinent part: 2 We acknowledge the Michigan Supreme Court’s recent holding in People v Lockridge, 498 Mich 358, 364-365 ; 870 NW2d 502 (2015), which declared Michigan’s sentencing guidelines unconstitutional to the extent that the guidelines…”
People of Michigan v. Henry Earl Lowe (Mich. Ct. App. 2019). “” MCL 777.49a provides for the assessment of points for “terrorism” as follows: (a) The offender committed an act of terrorism by using or threatening to use a harmful biological substance, harmful biological device, harmful chemical substance, harmful chemical device, harmful…”
People of Michigan v. David Robert Seastrom (Mich. Ct. App. 2019). “Score offense variable 20 by determining which of the following applies and by assigning the number of points attributable to the one that has the highest number of points: -2- * * * (b) The offender committed an act of terrorism without using or threatening to use a harmful…”
People of Michigan v. Sean William Quigley (Mich. Ct. App. 2019). “” MCL 777.49a(1)(a). “Act of terrorism” is defined in MCL 750.”
— Mich. Comp. Laws § 777.49a(l) — 1 case
People v. Osantowski, 748 N.W.2d 799 (Mich. 2008). “In a published opinion, the Court of Appeals reversed, concluding that defendant's threats to use an incendiary or explosive device required a score of 100 points.”
— Mich. Comp. Laws § 777.49a(l)(a) — 2 cases
People v. Osantowski, 748 N.W.2d 799 (Mich. 2008). “In a published opinion, the Court of Appeals reversed, concluding that defendant's threats to use an incendiary or explosive device required a score of 100 points.”
People v. Osantowski, 736 N.W.2d 289 (Mich. Ct. App. 2007). “SCORING OF MCL 777.49a On cross-appeal, the prosecutor argues that the trial court erred in interpreting MCL 777.”
— Mich. Comp. Laws § 777.49a(l)(c) — 1 case
People v. Osantowski, 748 N.W.2d 799 (Mich. 2008). “In a published opinion, the Court of Appeals reversed, concluding that defendant's threats to use an incendiary or explosive device required a score of 100 points.”
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