Identity theft in Michigan is a felony punishable by up to 5 years in prison or a fine of up to $25,000. A second violation carries up to 10 years, and a third or later violation up to 15 years. The penalties are set by MCL 445.69 under the Identity Theft Protection Act.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
Identity theft at a glance
| First violation | Felony: up to 5 years, a fine of up to $25,000, or both (MCL 445.69(1)(a)) |
|---|---|
| Second violation | Up to 10 years, a fine of up to $50,000, or both (MCL 445.69(1)(b)) |
| Third or later violation | Up to 15 years, a fine of up to $75,000, or both (MCL 445.69(1)(c)) |
| Consecutive sentences | The court may order the term served consecutively to terms for related offenses committed with the obtained information (MCL 445.69(4)) |
| Where the offense is defined | Sections 5 and 7 of the Identity Theft Protection Act |
How does an identity theft case move through court?
- Arraignment in district court, where bond is set.
- Preliminary examination. The prosecutor must show probable cause.
- Bindover to circuit court if probable cause is found.
- Resolution by dismissal, reduction, plea, or trial.
What matters in the defense
- Intent. The prosecutor must prove intent to defraud or violate the law.
- Who used the information. Digital evidence must be tied to you, not to a shared device or account.
- Authorization. Whether the other person gave permission.
- Related charges. These cases often come with fraud or larceny counts that affect sentencing.
Related pages: larceny and misdemeanor or felony offense.
Frequently asked questions
Is identity theft a felony in Michigan?
Yes. Under MCL 445.69 a first violation carries up to 5 years in prison or a fine of up to $25,000.
Can the sentence be served consecutively?
Yes. The court may order it served consecutively to terms for related offenses committed with the obtained information.
Talk to a Detroit fraud attorney
Call Attorney Kevin Bessant at 313-658-8159 for a free consultation.
Legal Authority
See MCL 445.69 in the Michigan Legislature’s text. This page is general information, not legal advice.