Michigan Compiled Laws
175-1927-XVII-4 - Part 4 Offense Variables (777.31...777.49a)
Section 777.40 - Exploitation of Vulnerable Victim.

Sec. 40.
(1) Offense variable 10 is exploitation of a vulnerable victim. Score offense variable 10 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) "Predatory conduct" means preoffense conduct directed at a victim, or a law enforcement officer posing as a potential victim, for the primary purpose of victimization.
(b) "Exploit" means to manipulate a victim for selfish or unethical purposes. Exploit also means to violate section 50b of the Michigan penal code, 1931 PA 328, MCL 750.50b, for the purpose of manipulating a victim for selfish or unethical purposes.
(c) "Vulnerability" means the readily apparent susceptibility of a victim to injury, physical restraint, persuasion, or temptation.
(d) "Abuse of authority status" means a victim was exploited out of fear or deference to an authority figure, including, but not limited to, a parent, physician, or teacher.
History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2014, Act 350, Imd. Eff. Oct. 17, 2014 ;-- Am. 2018, Act 652, Eff. Mar. 28, 2019

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.