Michigan Compiled Laws

Mich. Comp. Laws § 750.539e (2026)

Use or divulgence of information unlawfully obtained.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.539e Use or divulgence of information unlawfully obtained.

Sec. 539e.

    Any person who uses or divulges any information which he knows or reasonably should know was obtained in violation of sections 539b, 539c or 539d is guilty of a felony, punishable by imprisonment in a state prison not more than 2 years, or by a fine of not more than $2,000.00.

History: Add. 1966, Act 319, Eff. Mar. 10, 1967

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1975–2025 · leading case: People v. Warner, 258 N.W.2d 385 (Mich. 1977).
People v. Warner, 258 N.W.2d 385 (Mich. 1977). · cites it 8× “Auslander overheard `I've got drugs' accidentally and that MCLA 750.539e; MSA 28.807(5) did not bar the admission of that portion of the telephone conversation overheard by Mrs.”
Sullivan v. Gray, 324 N.W.2d 58 (Mich. Ct. App. 1982). · cites it 2× “MCL 750.539e; MSA 28.807(5). The pertinent counts of plaintiff's complaint were brought pursuant to MCL 750.”
Mlive Media Grp. v. City of Grand Rapdis, 909 N.W.2d 282 (Mich. Ct. App. 2017). “539c, and "us[ing]" or "divulg[ing]" information that a person "knows or reasonably should know was obtained" through eavesdropping, MCL 750.539e. Accordingly, the City needed to argue that disclosure would violate an eavesdropping statute to invoke the MCL 15.”
Dickerson v. Raphael, 564 N.W.2d 85 (Mich. Ct. App. 1997). · cites it 3× “[MCL 750.539e; MSA 28.807(5).] Additionally, Michigan statutory law provides the following civil remedies for eavesdropping violations: Any parties to any conversation upon which eavesdropping is practiced contrary to this act shall be entitled to the following civil remedies:…”
In Re Elec. Surveillance. Robert E. Berg v. Michigan Attorney Grievance Comm'n United States of Am., 49 F.3d 1188 (6th Cir. 1995). · cites it 2× “539c, 3 and also prohibits disclosure of information obtained by eavesdropping, see Mich.Comp.Laws Ann. § 750.539e, 4 it is unlawful for the Grievance Commission, to receive the fruits of eavesdropping.”
Navarra v. Bache Halsey Stuart Shields Inc., 510 F. Supp. 831 (E.D. Mich. 1981). · cites it 2× “§ 750.539e and § 750.539h; M.S.A. *835 § 28.”
People v. Livingston, 236 N.W.2d 63 (Mich. Ct. App. 1975). “” MCLA 750.539e; MSA 28.807(5). "This act shall not be construed to prohibit: (a) Eavesdropping or surveillance not otherwise prohibited by law by a peace officer or his agent of this state or federal government while in the performance of his duties.”
People v. Warner, 237 N.W.2d 284 (Mich. Ct. App. 1975). · cites it 2× “Auslander overheard "I’ve got drugs” accidentally and that MCLA 750.539e; MSA 28.807(5) did not bar the admission of that portion of the telephone conversation overheard by Mrs.”
People v. Stone, 593 N.W.2d 680 (Mich. Ct. App. 1999). · cites it 2× “§ 750.539e; MSA 28.807(5). After defendant was bound over for trial on the charges, he filed a motion to quash the information.”
20250212_C366399_43_366399.Opn.Pdf (Mich. Ct. App. 2025). · cites it 3× “539e provides in relevant part, “Any person who uses or divulges any information which he knows or reasonably should know was obtained in violation of sections 539b, 539c or 539d is guilty of a felony . . . .” Defendant argues that Wesley violated the Michigan eavesdropping…”
Erin Kosch v. Traverse City Area Pub. Schs. (Mich. Ct. App. 2024). · cites it 2× “]” In addition, MCL 750.539e provides that “[a]ny person who uses or divulges any information which he knows or reasonably should know was obtained in violation of .”
Keith Edward Gardiner v. Sian Hengeveld (Mich. Ct. App. 2023). “539c and MCL 750.539e applied to “any person” and therefore, defendant’s statutory violations entitled plaintiff to civil remedies.”
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