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The D poured gasoline in a home while the homeowners were at home. Should OV 20 be scored? “Incendiary device” includes “gasoline,” but this was not an act of terrorism.

Question as Originally Submitted: The defendant was convicted of Attempted Third Degree Arson. This case involved the defendant and codefendants pouring gasoline in a home while the homeowners were at home. The homeowners put the fire out. Under OV 20, “incendiary device” includes “gasoline,” but this was not an act of terrorism. Should OV 20 be scored?

No points should be scored for OV 20, since there is no evidence that the defendants committed an act of terrorism as defined by MCL 750.543b(a). An act of terrorism is “a willful and deliberate act that . . . would be a violent felony under [Michigan law, no matter where the act was committed, a]n act that the person knows or has reason to know is dangerous to human life[, and a]n act that is intended to intimidate or coerce a civilian population or influence or affect the conduct of government or a unit of government through intimidation or coercion.” MCL 750.543b(a)(i)-(iii) (emphasis supplied).

Tags: OV 20

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