OV 16 — Property Obtained, Damaged, Lost, or Destroyed

The defendant convicted of second-degree murder is entitled to resentencing where OV 16 was clearly miscored. OV 16 cannot be scored in a crime against a person offense unless the offense is home invasion. Because second-degree murder is a crime against a person and not home invasion, OV 16 should not have been scored. Scoring OV 16 in a crime-against-person context other than home invasion is error requiring resentencing if the sentence falls outside the corrected guidelines range.

A defendant "obtains" property under OV 16 so long as the defendant unlawfully obtains property from someone or some entity. Five points were properly assessed where the defendant wrote himself a $2,000 check, forged the victim's signature, and deposited it by mobile device. The bank extended a provisional credit of $2,000 reflected in his bank statement. The fact that the defendant never withdrew the money and that payment was ultimately declined does not preclude scoring OV 16 — the defendant "obtained" property with a value of $1,000 or more but not more than $20,000, even though it was "fleeting and temporary."

OV 16 is scored when tangible property that was already possessed by a particular owner is unlawfully obtained, damaged, lost, or destroyed. The definition of "loss" under OV 16 does not encompass a person's loss of a right or expectation. OV 16 may not be scored for the defendant's failure to pay child support where he was unemployed and unable to pay — he did not possess money to retain or obtain; a legal obligation to pay does not translate to possession of the money owed.

No error in scoring OV 16 for property that was obtained but then returned. The plain language of the statute states that the variable is scored based on the value of the property the defendant obtained — subsequent return does not retroactively eliminate the scoring basis.

For purposes of scoring OV 16 for property with significant sentimental value, that sentiment must be in relation to the current property owner, not a prior owner. Sentimental value is measured from the perspective of the victim at the time of the offense.

OV 16 was properly scored at 5 points reflecting property obtained with a value of $1,000 or more but not more than $20,000 because the appropriate points may be determined by adding the aggregate value of property involved, including uncharged offenses or charges dismissed pursuant to a plea agreement. Property illegally obtained by a co-defendant in the same enterprise may also be included in the aggregate.

The trial court did not clearly err when it scored 1 point under OV 16 where the victim testified she lost more than $30, and both the victim impact statement and police report indicated that the defendant stole property worth between $200 and $300 — satisfying the $200-or-more threshold for 1 point.