Section 777.40 - Exploitation of vulnerable victim(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. 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.Amended by 2018, Act 652,s 3, eff. 3/28/2019.Amended by 2014, Act 350,s 1, eff. 10/17/2014.Add. 1998, Act 317, Eff. 12/15/1998.