Having worked both as a prosecutor and defense counsel, he knows how the prosecution builds cases and how best to defend against them. You can call today for a free and confidential consultation on your case. He has years of experience defending his clients from a number of theft-related charges. A Detroit theft lawyer can help guide you through this situation.
As more and more business and personal activities take place on electronic platforms, identity theft has become a widespread method of stealing and committing fraud. Faced with a wave of new, technology-oriented crime, the Michigan state legislature passed a series of laws in 2005 that apply specifically to identity theft.
How the Law Defines Identity Theft
The identity theft protection act is included in chapter 445 of the Michigan’s statutes. It prohibits the use or attempted use of the personal identifying information of another person to commit any unlawful act, or to obtain any of the following with the intent to defraud:
- Credit
- Goods
- Services
- Money
- Property
- Vital records
- Confidential telephone records
- Medical records or information
- Employment
With respect to telephone records, the identity theft protection act specifies that it is unlawful to:
- Knowingly obtain or attempt to obtain a confidential telephone record without the authorization of the person to whom the record pertains by fraudulent, deceptive, or false means
- Knowingly sell or attempt to sell a confidential telephone record without the authorization of the person to whom the record pertains
- Receive a confidential telephone record while knowing that the record has been obtained through fraudulent, deceptive, or false means and without the authorization of the customer to whom the record pertains
Another section applies to phishing, or impersonating a business through digital means to obtain the personal information of its customers. Specifically, it is unlawful to:
- Send an email purporting to be from a business, without the authority or approval of the business, and use that email to request someone to provide personal identifying information with the intent to use that information to commit identity theft or another crime
- Create or operate an unauthorized webpage that represents itself as belonging to or being associated with a business that solicits personal identifying information from users with the intent to use that information to commit identity theft or another crime
- Alter someone’s computer, tablet, or smart phone to display an unauthorized message from a business that asks the user to provide personal identifying information with the intent to use that information to commit identity theft or another crime
Finally, the identity theft protection act makes it illegal to transfer, sell, or attempt to sell personal identifying information if there’s good reason to know the intended recipient will use or attempt to use the information to the purpose of committing identity theft or another crime. It is also illegal to falsify a police report of identity theft, or knowingly create, possess, or use a false police report of identity theft.
