Michigan Laws 445.65 – Prohibited acts; violations; defense in civil action or criminal prosecution; burden of proof
Current as of: 2023 | Check for updates
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Attorney's Note
Under the Michigan Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| E | up to 5 years |
Terms Used In Michigan Laws 445.65
- Child or spousal support: means support for a child or spouse, paid or provided pursuant to state or federal law under a court order or judgment. See Michigan Laws 445.63
- Confidential telephone record: means any of the following:
(i) Information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a service offered by a telecommunication provider subscribed to by any customer of that telecommunication provider. See Michigan Laws 445.65aEvidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Medical records or information: includes , but is not limited to, medical and mental health histories, reports, summaries, diagnoses and prognoses, treatment and medication information, notes, entries, and x-rays and other imaging records. See Michigan Laws 445.63 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Person: means an individual, partnership, corporation, limited liability company, association, or other legal entity. See Michigan Laws 445.63 Personal identifying information: means a name, number, or other information that is used for the purpose of identifying a specific person or providing access to a person's financial accounts, including, but not limited to, a person's name, address, telephone number, driver license or state personal identification card number, social security number, place of employment, employee identification number, employer or taxpayer identification number, government passport number, health insurance identification number, mother's maiden name, demand deposit account number, savings account number, financial transaction device account number or the person's account password, any other account password in combination with sufficient information to identify and access the account, automated or electronic signature, biometrics, stock or other security certificate or account number, credit card number, vital record, or medical records or information. See Michigan Laws 445.63 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Vital record: means that term as defined in section 2805 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 445.63
(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.