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Michigan Legislature
Michigan Compiled Laws Complete Through PA 123 of 2017
House: Adjourned until Tuesday, October 17, 2017 1:30:00 PM

Michigan Legislature

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Section 777.40

Act 175 of 1927

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:

(a) Predatory conduct was involved............. 15 points
(b) The offender exploited a victim's physical
disability, mental disability, youth or agedness,
or a domestic relationship, or the offender abused
his or her authority status......................... 10 points
(c) The offender exploited a victim by his or
her difference in size or strength, or both, or
exploited a victim who was intoxicated, under the
influence of drugs, asleep, or unconscious.......... 5 points
(d) The offender did not exploit a victim's
vulnerability....................................... 0 points

(2) The mere existence of 1 or more factors described in subsection (1) does not automatically equate with victim vulnerability.

(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.

(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

© 2017 Legislative Council, State of Michigan

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