Question as Originally Submitted: Conviction offense is for MCL 750.543m, false report or act of terrorism. The offender called a store and stated, “I have been informed there is a bomb in your building,” and hung up the phone. He called again, stating, “This is not a joke, this is ISIS and in four hours . . .” and hung up again. During the investigation it was determined that the offender meant it as a prank call to his friend’s employer in an effort to “cheer up” his friend and try to get her the day off work. Should 20 points be scored for OV 20?
No points should be scored for OV 20, since there is no evidence that the defendant 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). Here, there is no evidence that the defendant knew or had reason to know that his act was dangerous to human life, or that he intended to intimidate or coerce a civilian population or influence or affect the conduct of government.