Michigan Compiled Laws
175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a)
Section 777.32 - Lethal Potential of Weapon Possessed or Used.

Sec. 32.
(1) Offense variable 2 is lethal potential of the weapon possessed or used. Score offense variable 2 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:

(3) As used in this section:
(a) "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.
(b) "Fully automatic weapon" means a firearm employing gas pressure or force of recoil or other means to eject an empty cartridge from the firearm after a shot, and to load and fire the next cartridge from the magazine, without renewed pressure on the trigger for each successive shot.
(c) "Pistol", "rifle", or "shotgun" includes a revolver, semi-automatic pistol, rifle, shotgun, combination rifle and shotgun, or other firearm manufactured in or after 1898 that fires fixed ammunition, but does not include a fully automatic weapon or short-barreled shotgun or short-barreled rifle.
(d) "Incendiary device" includes gasoline or any other flammable substance, a blowtorch, fire bomb, Molotov cocktail, or other similar device.
History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2001, Act 136, Imd. Eff. Oct. 23, 2001

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapters 760 - 777 - Code of Criminal Procedure

Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)

175-1927-XVII - Chapter XVII Sentencing Guidelines (777.1...777.69)

175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a)

Section 777.31 - Aggravated Use of Weapon; Definitions.

Section 777.32 - Lethal Potential of Weapon Possessed or Used.

Section 777.33 - Physical Injury to Victim; Offense Variable 3; Scoring; "Requiring Medical Treatment" Defined.

Section 777.34 - Psychological Injury to Victim.

Section 777.35 - Psychological Injury to Member of Victim's Family.

Section 777.36 - Intent to Kill or Injure Another Individual.

Section 777.37 - Offense Variable 7; Aggravated Physical Abuse; “Sadism” Defined.

Section 777.38 - Victim Asportation or Captivity.

Section 777.39 - Offense Variable 9; Number of Victims; Scoring.

Section 777.40 - Exploitation of Vulnerable Victim.

Section 777.41 - Criminal Sexual Penetration.

Section 777.42 - Contemporaneous Felonious Criminal Acts.

Section 777.43 - Continuing Pattern of Criminal Behavior.

Section 777.44 - Offender's Role.

Section 777.45 - Aggravated Controlled Substance Offenses; Definitions.

Section 777.46 - Property Obtained, Damaged, Lost, or Destroyed.

Section 777.47 - Degree of Negligence Exhibited.

Section 777.48 - Operator Ability Affected by Alcohol or Drugs; Offense Variable 18; Scoring; "Any Bodily Alcohol Content" Defined.

Section 777.49 - Security Threat to Penal Institution or Court or Interference With Administration of Justice or Emergency Services.

Section 777.49a - Terrorism; Definitions.