Going online offers a world of opportunity that we didn’t have a few short decades ago, including immense anonymity that can translate to a significant amount of freedom. For some, however, this can spell legal trouble. Posing as someone else online can potentially lead to the charge of online impersonation, a crime with severe legal and social consequences.
If you are facing a criminal charge related to your online activity, an experienced Killeen criminal defense lawyer can help. Contact us today to discuss your case with a dedicated legal professional.
Impersonating Someone Else to Cause Harm
Texas has laws that address online harassment and fraud, including online impersonation. This law prohibits impersonating another person to cause harm, intimidate, or deceive someone else.
Malicious Intent
Online impersonation typically involves deliberately deceiving others, causing them harm, or harassing them. This law covers digital channels such as social media, messaging apps, texts, direct messages, websites, and emails.
The intent behind the law is to prevent the misuse of another person’s identity for malicious purposes, which are easier to execute online. These purposes can include fraud, damaging reputations, and causing emotional distress.
If you have been accused of acting with malicious intent online, speak with a Killeen criminal defense attorney right away.
Common Types of Online Impersonation
Online impersonation can take many forms, but most cases fall into categories classified as third-degree felonies. A conviction carries a prison sentence of 2 to 10 years and fines of up to $10,000.
Sending Fraudulent Messages
One form is sending deceptive messages electronically, such as posing as a victim to solicit financial or emotional support from unsuspecting recipients.
Creating Fake Social Media Profiles
Another common form is creating a social media profile pretending to be someone else, using their name, photos, and personal information. These profiles can be used to damage the person’s reputation or deceive others into communicating with the fake profile.
Sharing Personal Information
Communicating someone else’s private contact information electronically is also considered online impersonation. This includes sharing phone numbers, identifying details, or domain addresses without consent. This is a Class A misdemeanor, punishable by 6 months to a year in jail and fines of up to $4,000.
To be convicted under this provision, the prosecution must prove:
The message was sent without the person’s consent.
It was intended to make the recipient reasonably believe the person authorized the message.
The accused intended to harm or defraud the victim.
In such cases, both the impersonated individual and the recipient of the message may be considered victims. Protect your rights by consulting with a criminal defense lawyer in Killeen as soon as possible.
Examples of Online Impersonation
Online impersonation cases vary widely, but here are common scenarios:
Posting an online ad to sell someone else’s property and listing their contact info.
Creating a fake social media account for a former partner and posting embarrassing content.
Setting up a fake website mimicking a person’s business and sharing false or embarrassing information.
Creating a fake messaging account and impersonating someone else to communicate with others.
If you’re facing an online impersonation charge, it is crucial to consult with a knowledgeable criminal defense attorney.
Challenges in Proving Online Impersonation
To convict someone of online impersonation, the prosecution must prove malicious intent beyond a reasonable doubt. This includes intent to harm, intimidate, or defraud. The subtle nature of online communication can make this challenging.
A common defense is the lack of malicious intent. A person may have created a fake profile for reasons unrelated to harm, such as curiosity or pranking. Intent is often a critical and difficult element to prove.
Online Impersonation and Sex Crimes
Online impersonation may intersect with sex crime charges in Texas. This typically involves using another person’s identity to engage in illegal or harmful sexual conduct. Such cases can lead to severe consequences, including sex offender registration.
If you are facing multiple charges, including online impersonation and sex crimes, do not delay in seeking legal counsel from a criminal defense lawyer in Killeen.
Online Solicitation of a Minor
Using a false identity to approach or communicate inappropriately with minors combines online impersonation and online solicitation. Sharing sexually explicit content or posing as a minor online to engage with another minor is a serious offense.
Child Sexual Abuse and Molestation
Online impersonation used to build false trust and gain physical access to minors can lead to charges of child sexual abuse or molestation. These carry lengthy prison sentences, and impersonation can add to the penalties.
Possession and Promotion of Child Pornography
Creating a false identity to gain access to child sexual abuse material can result in serious charges. Distributing or promoting such content through impersonation increases the severity of the offense.
Unlawful Disclosure (Revenge Porn)
Illegally sharing explicit images of someone without consent is known as revenge porn or unlawful disclosure. This often stems from a desire to embarrass or harm an ex-partner.
Sextortion
Sextortion involves threatening to release explicit content unless the victim meets the perpetrator’s demands. It is considered coercion and can cause significant emotional distress.
Sexting
Sexting involving false identities, such as sending or receiving explicit content without consent, or using such content to harass or deceive, can relate directly to online impersonation.
Sexual Coercion
Using a false identity to manipulate someone into sexual activity is a crime. This can involve threats or intimidation and may occur online or in person.
Promotion of Prostitution
Impersonating someone online to promote prostitution may lead to charges of aggravated promotion. These cases involve creating fake profiles or listings to attract clients and carry enhanced penalties.
Invasion of Privacy
Using impersonation to access another person’s private information can lead to invasion of privacy charges. If the information is shared maliciously, additional charges may apply.
Cyberstalking
Cyberstalking involves using online communication to repeatedly harass or intimidate someone. If impersonation is used to further this harassment, the charge is more serious. If you are accused of online harassment or impersonation, consult with a Killeen criminal defense attorney right away to protect your future.
Recent Trends in Internet Scams
According to the Federal Trade Commission (FTC), online impersonation scams are growing rapidly. In 2023 alone, the FTC received over 330,000 business impersonation reports and nearly 160,000 government impersonation reports. Reported losses reached $1.1 billion—more than triple those reported in 2020.
Scammers are increasingly turning to online methods and prefer payment through cryptocurrency or wire transfers. Common tactics include posing as representatives from reputable organizations and then transferring victims to fake authorities.
Contact a Killeen Criminal Defense Lawyer Today
Brett Pritchard at the Law Office of Brett H. Pritchard is a seasoned Killeen criminal defense attorney with a proven record of successfully handling complex online impersonation cases. If you’re facing charges, do not wait. Contact us online or call (254) 781-4222 to schedule your FREE consultation today.