Mich. Comp. Laws » Michigan Compiled Laws / Chapter 445 / Act 452 of 2004
Michigan Compiled Laws

Mich. Comp. Laws § 445.65 (2026)

Prohibited acts; violations; defense in civil action or criminal prosecution; burden of proof.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

IDENTITY THEFT PROTECTION ACT


Act 452 of 2004


445.65 Prohibited acts; violations; defense in civil action or criminal prosecution; burden of proof.

Sec. 5.

    (1) A person shall not do any of the following:

    (a) With intent to defraud or violate the law, use or attempt to use the personal identifying information of another person to do either of the following:

    (i) Obtain credit, goods, services, money, property, a vital record, a confidential telephone record, medical records or information, or employment.

    (ii) Commit another unlawful act.

    (b) By concealing, withholding, or misrepresenting the person's identity, use or attempt to use the personal identifying information of another person to do either of the following:

    (i) Obtain credit, goods, services, money, property, a vital record, a confidential telephone record, medical records or information, or employment.

    (ii) Commit another unlawful act.

    (2) A person who violates subsection (1)(b)(i) may assert 1 or more of the following as a defense in a civil action or as an affirmative defense in a criminal prosecution, and has the burden of proof on that defense by a preponderance of the evidence:

    (a) That the person gave a bona fide gift for or for the benefit or control of, or use or consumption by, the person whose personal identifying information was used.

    (b) That the person acted in otherwise lawful pursuit or enforcement of a person's legal rights, including an investigation of a crime or an audit, collection, investigation, or transfer of a debt, child or spousal support obligation, tax liability, claim, receivable, account, or interest in a receivable or account.

    (c) That the action taken was authorized or required by state or federal law, rule, regulation, or court order or rule.

    (d) That the person acted with the consent of the person whose personal identifying information was used, unless the person giving consent knows that the information will be used to commit an unlawful act.

History: 2004, Act 452, Eff. Mar. 1, 2005 ;-- Am. 2006, Act 246, Imd. Eff. June 30, 2006

Notes of Decisions
Cited in 28 cases (7 in the last 5 years), 2012–2026 · leading case: People of Michigan v. David Joseph Miller, 929 N.W.2d 821 (Mich. Ct. App. 2019).
Sort: Relevance Newest Treatment
People of Michigan v. David Joseph Miller, 929 N.W.2d 821 (Mich. Ct. App. 2019). · cites it 12× “65, provides in relevant part: (1) A person shall not do any of the following: (a) With intent to defraud or violate the law, use or attempt to use the personal identifying information of another person to do either of the following: ( i ) Obtain credit, goods, services, money,…”
People v. Perry, 895 N.W.2d 216 (Mich. Ct. App. 2016). · cites it 4× “218(4)(a); and one count of identity theft, MCL 445.65. Defendant was sentenced as a second-offense habitual offender, MCL 769.”
Deidre Goldsmith v. Faith Hope & Love Outreach Ctr. Inc (Mich. Ct. App. 2026). · cites it 16× “Specifically, MCL 445.65 provides: (1) A person shall not do any of the following: (a) With intent to defraud or violate the law, use or attempt to use the personal identifying information of another person to do either of the following: (i) Obtain credit, goods, services,…”
People v. Khanani, 817 N.W.2d 655 (Mich. Ct. App. 2012). “09-030086-FJ, defendant pleaded guilty of identity theft, MCL 445.65, and stealing or retaining a financial transaction device without consent, MCL 750.”
Rutherford v. Howard (E.D. Mich. 2021). · cites it 4× “In both cases, a jury found her guilty of: identity theft, Mich. Comp. Laws § 445.65 ; conspiracy to commit identity theft, Mich.”
People of Michigan v. Melody Howard (Mich. Ct. App. 2017). · cites it 3× “Defendant also argues that her trial counsel was ineffective and that, in any event, there was insufficient evidence that she was the person who stole her brother-in-law’s identity.”
People of Michigan v. Sabrina Racine Parker (Mich. Ct. App. 2017). · cites it 3× “12, to 4 to 15 years’ imprisonment for each offense. The trial court ordered these sentences to run concurrently to one another, but consecutively to sentences imposed upon defendant in 2010 that she failed to complete because the Department of Corrections (DOC) erroneously…”
People of Michigan v. Sabrina Racine Parker (Mich. Ct. App. 2017). · cites it 3× “12, to 4 to 15 years’ imprisonment for each offense. The trial court ordered these sentences to run concurrently to one another, but consecutively to sentences imposed upon defendant in 2010 that she failed to complete because the Department of Corrections (DOC) erroneously…”
People of Michigan v. Marsha Sharlene Rutherford (Mich. Ct. App. 2019). · cites it 3× “67, and attempt to obtain money of $1,000 or more but less than $20,000 by false pretenses, MCL 750.”
People of Michigan v. Karl Darnell Thues (Mich. Ct. App. 2019). · cites it 2× “We affirm. I. BACKGROUND This case arises from defendant’s use of the name, date of birth, and Social Security number of the victim, KK, to establish utility services with DTE Energy.”
People of Michigan v. Leroy Williams (Mich. Ct. App. 2020). · cites it 2× “The prosecution also argues on appeal that the circuit court abused its discretion when it did not allow the prosecutor to amend the felony information to reinstate the charge of identity theft, MCL 445.65, against Clifford. We reverse and remand for proceedings consistent with…”
Stephen Nichols v. Wayne Cnty., Mich. (6th Cir. 2020). · cites it 2× “Mich. Comp. Laws § 445.65 (1)(a). The statute itself recognizes the numerous circumstances that may not qualify as fraud under the MITPA, for instance when the accused uses the identifying information of a person with their consent (unless the person giving consent knows that…”
Show all 28 citing cases →
— Mich. Comp. Laws § 445.65(1) — 4 cases
People of Michigan v. David Joseph Miller, 929 N.W.2d 821 (Mich. Ct. App. 2019). “65, provides in relevant part: (1) A person shall not do any of the following: (a) With intent to defraud or violate the law, use or attempt to use the personal identifying information of another person to do either of the following: ( i ) Obtain credit, goods, services, money,…”
People v. Perry, 895 N.W.2d 216 (Mich. Ct. App. 2016). “218(4)(a); and one count of identity theft, MCL 445.65. Defendant was sentenced as a second-offense habitual offender, MCL 769.”
Stephen Nichols v. Wayne Cnty., Mich. (6th Cir. 2020). “Mich. Comp. Laws § 445.65 (1)(a). The statute itself recognizes the numerous circumstances that may not qualify as fraud under the MITPA, for instance when the accused uses the identifying information of a person with their consent (unless the person giving consent knows that…”
Deidre Goldsmith v. Faith Hope & Love Outreach Ctr. Inc (Mich. Ct. App. 2026). “Specifically, MCL 445.65 provides: (1) A person shall not do any of the following: (a) With intent to defraud or violate the law, use or attempt to use the personal identifying information of another person to do either of the following: (i) Obtain credit, goods, services,…”
— Mich. Comp. Laws § 445.65(1)(a) — 3 cases
People of Michigan v. David Joseph Miller, 929 N.W.2d 821 (Mich. Ct. App. 2019). “65, provides in relevant part: (1) A person shall not do any of the following: (a) With intent to defraud or violate the law, use or attempt to use the personal identifying information of another person to do either of the following: ( i ) Obtain credit, goods, services, money,…”
Deidre Goldsmith v. Faith Hope & Love Outreach Ctr. Inc (Mich. Ct. App. 2026). “Specifically, MCL 445.65 provides: (1) A person shall not do any of the following: (a) With intent to defraud or violate the law, use or attempt to use the personal identifying information of another person to do either of the following: (i) Obtain credit, goods, services,…”
Dean Toward v. City of Warren (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 445.65(1)(a)(i) — 5 cases
People of Michigan v. Alvin Lewis Richardson (Mich. Ct. App. 2016).
People of Michigan v. Melody Howard (Mich. Ct. App. 2017). “Defendant also argues that her trial counsel was ineffective and that, in any event, there was insufficient evidence that she was the person who stole her brother-in-law’s identity.”
People of Michigan v. Marsha Sharlene Rutherford (Mich. Ct. App. 2019). “67, and attempt to obtain money of $1,000 or more but less than $20,000 by false pretenses, MCL 750.”
People of Michigan v. Leroy Williams (Mich. Ct. App. 2020). “The prosecution also argues on appeal that the circuit court abused its discretion when it did not allow the prosecutor to amend the felony information to reinstate the charge of identity theft, MCL 445.65, against Clifford. We reverse and remand for proceedings consistent with…”
Deidre Goldsmith v. Faith Hope & Love Outreach Ctr. Inc (Mich. Ct. App. 2026). “Specifically, MCL 445.65 provides: (1) A person shall not do any of the following: (a) With intent to defraud or violate the law, use or attempt to use the personal identifying information of another person to do either of the following: (i) Obtain credit, goods, services,…”
— Mich. Comp. Laws § 445.65(1)(a)(ii) — 2 cases
People of Michigan v. Henry Lee Flakes (Mich. Ct. App. 2017).
People of Michigan v. Henry Lee Flakes (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 445.65(1)(b) — 1 case
Deidre Goldsmith v. Faith Hope & Love Outreach Ctr. Inc (Mich. Ct. App. 2026). “Specifically, MCL 445.65 provides: (1) A person shall not do any of the following: (a) With intent to defraud or violate the law, use or attempt to use the personal identifying information of another person to do either of the following: (i) Obtain credit, goods, services,…”
— Mich. Comp. Laws § 445.65(2) — 1 case
Deidre Goldsmith v. Faith Hope & Love Outreach Ctr. Inc (Mich. Ct. App. 2026). “Specifically, MCL 445.65 provides: (1) A person shall not do any of the following: (a) With intent to defraud or violate the law, use or attempt to use the personal identifying information of another person to do either of the following: (i) Obtain credit, goods, services,…”
— Mich. Comp. Laws § 445.65(l)(a) — 1 case
People v. Perry, 895 N.W.2d 216 (Mich. Ct. App. 2016). “218(4)(a); and one count of identity theft, MCL 445.65. Defendant was sentenced as a second-offense habitual offender, MCL 769.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.