Michigan Identity Theft Laws

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

• Using or attempting to use the personal identifying information of another person with the intent to defraud; or
• Concealing, withholding, or misrepresenting his or her identity.

Section 445.67 lists additional banned behavior. 

Penalties

A defendant’s sentence depends on the circumstances of the case, but penalties for identity theft include the following:

• First offense: Up to five years in prison and a $25,000 fine, or both;
• Second offense: Up to ten years in prison and a $50,000 fine, or both; and
• Third and subsequent offenses: Up to fifteen years in prison and a $75,000 fine, or both.

Who May Prosecute

The state Attorney General may prosecute identity theft cases.

Exemptions to Identity Theft Laws

Defenses to Civil Lawsuits or Criminal Prosecution

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.

Defenses to civil lawsuits or criminal prosecutions include the following:

• The defendant acted with consent of the person whose information was used;
• The defendant’s actions were authorized or required by law or court order; and
• The defendant gave a gift to the person whose information was used.