Online Impersonation

Online Impersonation in Texas: Legal Overview and Penalties

In Texas, online impersonation is addressed under Texas Penal Code §33.07, which criminalizes the act of assuming another person’s identity online without their consent, with the intent to harm, defraud, intimidate, or threaten them. (The Law Office of Kevin Bennett)

Legal Definition

According to Texas Penal Code §33.07, a person commits an offense if they knowingly:

1. Use the name or persona of another person to:(The Law Office of Kevin Bennett)

   • Create a web page on a commercial social networking site or other Internet website; or(Texas Statutes)

   • Post or send messages on or through a commercial social networking site or other Internet website, other than on or through an electronic mail program or message board program.(Texas Statutes)

2. Send an electronic communication (such as an email, instant message, text message, or similar communication) that references a name, domain address, phone number, or other identifying information belonging to another person, without obtaining the other person’s consent, with the intent to cause a recipient to reasonably believe that the other person authorized or transmitted the communication, and with the intent to harm or defraud any person.(Texas Statutes)

These actions are considered offenses under the statute if done without the consent of the person being impersonated and with the requisite intent.

Penalties

The severity of the offense and corresponding penalties depend on the nature of the impersonation:

• Third-Degree Felony: If the person uses the name or persona of another person to create a web page or post/send messages on a commercial social networking site or other Internet website, with the intent to harm, defraud, intimidate, or threaten any person.(Horak Law)

• Class A Misdemeanor: If the person sends an electronic communication referencing another person’s identifying information without consent, with the intent to cause a recipient to reasonably believe that the other person authorized or transmitted the communication, and with the intent to harm or defraud any person.(Horak Law)

  • Third-Degree Felony: If the offense is committed with the intent to solicit a response by emergency personnel.(Texas Statutes)

A third-degree felony is punishable by 2 to 10 years in prison and a fine of up to $10,000. (Varghese Summersett)

Legal Considerations

It’s important to note that the law distinguishes between authorized and unauthorized use of another person’s identity. If an individual has the consent of the person being impersonated, their actions may not constitute an offense under this statute. Additionally, certain entities, such as commercial social networking sites, Internet service providers, and telecommunications providers, may have defenses available if the impersonation was part of their legitimate business activities. (Horak Law)

Legal Assistance

If you or someone you know is facing charges related to online impersonation in Texas, it’s crucial to seek experienced legal representation. An attorney specializing in computer crimes can provide guidance and defense tailored to the specifics of the case.