§ 750.157wFraudulent use of financial transaction device to withdraw or transfer funds in

violation of contractual limitations.
 Sec. 157w.
    (1) A person who knowingly and with intent to defraud uses a financial transaction device to
 withdraw or transfer funds from a deposit account in violation of the contractual limitations
 imposed on the amount or frequency of withdrawals or transfers or in an amount exceeding
 the funds then on deposit in the account is guilty of a crime as follows:
    (a) A misdemeanor punishable by imprisonment for not more than 93 days or a fine of not
 more than $500.00 or 3 times the amount of funds withdrawn or transferred, whichever is
 greater, or both imprisonment and a fine, if the amount of the funds withdrawn or transferred
 is less than $200.00.
    (b) A misdemeanor punishable by imprisonment for not more than 1 year or a fine of not
 more than $2,000.00 or 3 times the amount of funds withdrawn or transferred, whichever is
 greater, or both imprisonment and a fine, if any of the following apply:
    (i) The amount of the funds withdrawn or transferred is $200.00 or more but less than
 $1,000.00.
    (ii) The person violates subdivision (a) and has 1 or more prior convictions for committing
 or attempting to commit an offense under this section or a local ordinance substantially
 corresponding to this section.




                                                                   Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026            Page 122 of 465                               Courtesy of legislature.mi.gov

    (c) A felony punishable by imprisonment for not more than 5 years or a fine of not more
 than $10,000.00 or 3 times the amount of funds withdrawn or transferred, whichever is
 greater, or both imprisonment and a fine, if any of the following apply:
    (i) The amount of the funds withdrawn or transferred is $1,000.00 or more but less than
 $20,000.00.
    (ii) The person violates subdivision (b)(i) and has 1 or more prior convictions for
 committing or attempting to commit an offense under this section. For purposes of this
 subparagraph, however, a prior conviction does not include a conviction for a violation or
 attempted violation of subdivision (a) or (b)(ii).
    (d) A felony punishable by imprisonment for not more than 10 years or a fine of not more
 than $15,000.00 or 3 times the amount of funds withdrawn or transferred, whichever is
 greater, or both imprisonment and a fine, if any of the following apply:
    (i) The amount of funds withdrawn or transferred is $20,000.00 or more.
    (ii) The person violates subdivision (c)(i) and has 2 or more prior convictions for
 committing or attempting to commit an offense under this section. For purposes of this
 subparagraph, however, a prior conviction does not include a conviction for a violation or
 attempted violation of subdivision (a) or (b)(ii).
    (2) The amounts of funds withdrawn or transferred in separate incidents pursuant to a
 scheme or course of conduct within any 12-month period may be aggregated to determine the
 total amount of funds withdrawn or transferred.
    (3) If the prosecuting attorney intends to seek an enhanced sentence based upon the
 defendant having 1 or more prior convictions, the prosecuting attorney shall include on the
 complaint and information a statement listing the prior conviction or convictions. The
 existence of the defendant's prior conviction or convictions shall be determined by the court,
 without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The
 existence of a prior conviction may be established by any evidence relevant for that purpose,
 including, but not limited to, 1 or more of the following:
    (a) A copy of the judgment of conviction.
    (b) A transcript of a prior trial, plea-taking, or sentencing.
    (c) Information contained in a presentence report.
    (d) The defendant's statement.
    (4) If the sentence for a conviction under this section is enhanced by 1 or more prior
 convictions, those prior convictions shall not be used to further enhance the sentence for the
 conviction pursuant to section 10, 11, or 12 of chapter IX of the code of criminal procedure,
 1927 PA 175, MCL 769.10, 769.11, and 769.12.