Sec. 36.
(1) Offense variable 6 is the offender's intent to kill or injure another individual. Score offense variable 6 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:
(2) All of the following apply to scoring offense variable 6.
(a) The sentencing judge shall score this variable consistent with a jury verdict unless the judge has information that was not presented to the jury.
(b) Score 10 points if a killing is intentional within the definition of second degree murder or voluntary manslaughter, but the death occurred in a combative situation or in response to victimization of the offender by the decedent.
History: Add. 1998, Act 317, Eff. Dec. 15, 1998
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