{"id":374127,"date":"2016-03-31T21:35:35","date_gmt":"2016-04-01T02:35:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/michigan-law\/michigan-identity-theft-laws.html"},"modified":"2016-06-20T19:48:44","modified_gmt":"2016-06-21T00:48:44","slug":"michigan-identity-theft-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/michigan-law\/michigan-identity-theft-laws.html","title":{"rendered":"Michigan Identity Theft Laws"},"content":{"rendered":"\n
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Michigan Identity Theft Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

All it takes is your Social Security Number and birthdate for a thief to open a credit card account in your name. When someone uses the identity of another it is called "identity theft<\/a>." Criminals may get individual\u2019s personal and financial information by digging through the garbage and finding sensitive documents or by more high-tech methods. Identity theft is a serous crime and it is charged as a felony in Michigan.<\/p>\n

Learn more about Michigan identity theft laws in the chart below. See FindLaw’s Identity Theft<\/a> section and the links following this article for additional information and resources.<\/p>\n\n
Code Section<\/b><\/td>\nThe Michigan Identity Theft Protection Act can be founded in Michigan Compiled Laws sections 445.61 through 445.79c.<\/td>\n<\/tr>
Classification of Crime<\/b><\/td>\nIdentity theft is charged as a felony in Michigan.<\/td>\n<\/tr>
Prohibited Activity<\/b><\/td>\n

Individuals are prohibited from committing an unlawful act or obtaining goods, credit, services, money, property, employment, and confidential records by doing the following:<\/p>\n

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  • Using or attempting to use the personal identifying information of another person with the intent to defraud; or<\/li>\n
  • Concealing, withholding, or misrepresenting his or her identity.<\/li>\n<\/ul>\n

    Section 445.67 lists additional banned behavior. 
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Penalties<\/b><\/p>\n<\/td>\n

A defendant\u2019s sentence depends on the circumstances of the case, but penalties for identity theft include the following:<\/p>\n

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  • First offense: Up to five years in prison and a $25,000 fine, or both;<\/li>\n
  • Second offense: Up to ten years in prison and a $50,000 fine, or both; and<\/li>\n
  • Third and subsequent offenses: Up to fifteen years in prison and a $75,000 fine, or both.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Who May Prosecute<\/b><\/p>\n<\/td>\n

The state Attorney General may prosecute identity theft cases.<\/p>\n<\/td>\n<\/tr>

Exemptions to Identity Theft Laws<\/b><\/p>\n

Defenses to Civil Lawsuits or Criminal Prosecution<\/b><\/p>\n<\/td>\n

Criminal statute does not apply to those who lawfully obtain credit information for a bona fide commercial transaction or who exercise rights of a creditor in good faith.<\/p>\n

Defenses to civil lawsuits or criminal prosecutions include the following:<\/p>\n