People v. Osantowski

*105CORRIGAN, J.

This case poses the question whether a score of 100 points is appropriate for offense variable 20 (OV 20), which addresses terrorism, when a defendant threatens to cause harm using certain substances or devices but his threats, themselves, do not constitute acts of terrorism as defined by MCL 750.543b(a). We conclude that scoring 100 points pursuant to MCL 777.49a(l)(a) is inappropriate under these circumstances because that statute plainly requires the offender to have “committed an act of terrorism by using or threatening to use” one of the enumerated substances or devices.…