Identity theft is generally a financial crime that involves the use of illegally obtained information about another person—such as name, address, date of birth, Social Security number, and credit card numbers—in order to use existing credit accounts or open new ones in the other person’s name. When this happens, criminals capture the spending power of another person’s credit while sticking the victims (individuals, financial institutions, merchants) with the bill.

Laws regarding identity theft vary from state to state in their naming, classification, and penalties—with criminal offenses such as “Unauthorized Acquisition or Transfer of Certain Financial Information,” “Fraudulent Use or Possession of Identifying Information,” “Unlawful Possession of Personal Identifying Information,” “Identity Theft,” “Identity Fraud,” “False Personation,” or “Criminal Impersonation.”

Laws related to identity theft are generally located in a state’s statutes—often in the penal or criminal code.

In Michigan, identity theft is addressed under the Identity Theft Protection Act (ITPA), which is found in the Michigan Penal Code. The ITPA makes it illegal to obtain, possess, transfer, or use someone else's personal identifying information without authorization for the purpose of committing an unlawful act. This includes using another person's name, address, Social Security number, driver's license, bank account information, or other identifying details. Identity theft is considered a felony in Michigan, and the penalties can be severe, including imprisonment, fines, and restitution to the victims. The state also provides for various protective measures for victims, such as the ability to place a 'fraud alert' on their credit reports and the right to obtain documents related to fraudulent transactions made in their name. Additionally, Michigan law allows for enhanced penalties if the offense results in losses above certain thresholds or if the offender has prior convictions for identity theft.