Criminal Online Impersonation: Laws, Penalties, and Steps for Victims

Online impersonation is a growing problem in our increasingly digital world. It occurs when someone assumes another person’s identity online, without their consent, to deceive, harass, or harm them. Victims of online impersonation can suffer significant damage to their reputation, relationships, and emotional well-being. In some cases, it can even lead to financial losses or physical safety concerns.

If you or someone you know has been the victim of online impersonation, it’s essential to understand what it is, the laws that prohibit it, and the steps you can take to protect yourself and seek justice. In this comprehensive guide, we’ll delve into the definition and examples of online impersonation, the key laws and penalties that apply, and the civil remedies available to victims. We’ll also provide a step-by-step guide on what to do if you’re being impersonated online and proactive measures you can take to safeguard your online identity.

Whether you’re a victim seeking help or simply looking to educate yourself about this serious cyber offense, this article will provide the information and resources you need to navigate the complex issue of online impersonation.

What is Criminal Online Impersonation?

Criminal online impersonation is a serious offense that involves assuming another person’s identity on the internet, without their permission, to deceive or harm them. It goes beyond just creating a parody account or spoofing someone for laughs. This crime can have major consequences for the impersonated person’s reputation, relationships, and emotional well-being.

Definition and Examples

Criminal online impersonation involves using another person’s name or persona through social media sites, email, websites, or other online platforms to harm, defraud, intimidate, or threaten that person.

Some common examples of criminal online impersonation include creating a fake social media profile or website posing as another person to post embarrassing, harmful, or false information; sending emails or messages pretending to be someone else to solicit personal information, money, or to make threats; and hacking into someone’s online accounts and impersonating them to damage their reputation or relationships.

Elements of the Crime

While laws vary by state, the crime of online impersonation typically requires proving that the defendant used the name, persona, or identifying information of another person or entity without that person or entity’s consent to create a web page, post messages, or send communications online with the intent to harm, defraud, intimidate or threaten the impersonated person.

The impersonation must be credible enough to deceive or mislead a reasonable person. Using obvious parody or satire is generally not considered criminal impersonation.

How it Differs from Civil Impersonation

Criminal online impersonation is prosecuted by the government and can result in jail time and criminal fines. Civil impersonation lawsuits are brought by the impersonated individual and provide monetary damages if the impersonation caused them financial losses or emotional distress.

Not all states have specific criminal online impersonation laws. In states without these laws, egregious impersonations may still be charged under fraud, identity theft, or harassment statutes. Civil impersonation claims are available more broadly as an invasion of privacy tort in most states.

Online Impersonation Laws and Penalties

Online impersonation is prohibited by various state and federal laws. Depending on the severity and nature of the impersonation, it can result in both criminal charges and civil liability for the perpetrator.

Key State Laws Prohibiting Online Impersonation

Several states have enacted specific laws criminalizing online impersonation. While the exact language and elements of these laws may vary, they generally make it illegal to credibly impersonate another person online without their consent and with intent to harm, defraud or intimidate.

California Penal Code 528.5

California’s online impersonation law prohibits knowingly and credibly impersonating another person through an internet website or other electronic means to harm, intimidate, threaten or defraud. Violations are punishable by up to one year in jail and/or a fine of up to $1,000.

Texas Penal Code 33.07

Texas law criminalizes online impersonation done with intent to harm, defraud, intimidate or threaten another person. Penalties range from a misdemeanor to a third-degree felony, depending on the defendant’s criminal history and whether the impersonation was used to solicit a response from emergency personnel.

New York Penal Law 190.25

In New York, it is illegal to impersonate another person by electronic means with intent to obtain a benefit or injure or defraud another. This is a class A misdemeanor, punishable by up to one year in jail.

Federal Laws That May Apply

While there is no federal statute specifically targeting online impersonation, some forms of this conduct may violate other federal criminal laws.

Identity Theft and Assumption Deterrence Act

If the impersonation is done to commit an act of fraud, it could be charged as identity theft under this federal law. Penalties can include up to 15 years in prison, forfeiture of property, and fines.

Computer Fraud and Abuse Act

Hacking another person’s online accounts to impersonate them may violate the Computer Fraud and Abuse Act, a federal anti-hacking statute. Offenders face up to 10 years imprisonment for a first offense.

Criminal Penalties

The criminal penalties for online impersonation vary based on the state law violated and the severity of the offense.

Misdemeanor Charges and Penalties

In most states with online impersonation laws, a first offense not resulting in significant harm is charged as a misdemeanor. Misdemeanor convictions typically carry a sentence of up to one year in county jail and a fine.

Felony Charges and Penalties

Repeat offenses, impersonations causing substantial harm, or impersonations done in furtherance of another crime may be charged as a felony. Felony penalties are more severe, potentially resulting in a multi-year state prison sentence.

Civil Remedies Available

In addition to criminal prosecution, perpetrators of online impersonation may face civil lawsuits by their victims.

Defamation Lawsuits

If the impersonation is used to spread false, damaging statements about the victim, they may have a civil claim for libel or slander. Defamation lawsuits allow recovery of monetary damages for harm to reputation and emotional distress.

Invasion of Privacy Claims

Online impersonation can also form the basis for an invasion of privacy lawsuit, such as a claim for false light or misappropriation of name or likeness. These lawsuits provide damages for mental anguish and any financial losses caused by the impersonation.

I’m a Victim of Online Impersonation. What Now?

If you discover that someone is impersonating you online, it’s crucial to take prompt action to minimize the damage and hold the perpetrator accountable. Here are the key steps to take if you’re a victim of online impersonation.

Document Evidence

The first step is to gather and preserve evidence of the impersonation. This will be important for reporting the crime to law enforcement and seeking legal remedies.

Screenshot Impersonating Accounts and Posts

Take screenshots of the fake profile, website, or any posts made by the impersonator. Make sure to capture the URL and any other identifying information.

Save Copies of All Communications

If the impersonator has contacted you or others while posing as you, save copies of those messages and emails. A record of the impersonator’s statements can help demonstrate their intent to deceive and cause harm.

Report the Crime

Online impersonation is a crime in many jurisdictions. Reporting it to the proper authorities can trigger a criminal investigation and help stop the perpetrator.

Contact Local Law Enforcement

File a police report with your local law enforcement agency. Provide them with the evidence you’ve collected and any information you have about the impersonator’s identity.

File a Report with the FBI’s Internet Crime Complaint Center

If the impersonation involves interstate communications or a suspected violation of federal law, you can also submit a complaint to the FBI’s Internet Crime Complaint Center (IC3) at www.ic3.gov.

Report Impersonation to Websites and Social Media Platforms

Most reputable websites and social media platforms have policies prohibiting impersonation. Reporting the fake account or content can lead to it being taken down.

Contact the Platform’s Customer Support

Locate the platform’s customer support contact information and submit a report explaining that you’re a victim of impersonation. Provide the evidence you’ve documented and request that the impersonating account and content be removed immediately.

Consult with an Experienced Internet Attorney

Finally, it’s wise to discuss your situation with an experienced internet attorney who handles online impersonation cases. They can advise you of your legal rights and help you explore your options for seeking justice.

Discuss Your Legal Rights and Options

An internet attorney can review the evidence, explain your rights under the relevant online impersonation laws, and recommend the best action for your unique circumstances.

Consider Civil Legal Action Against the Impersonator

In addition to criminal charges, you may be able to pursue a civil lawsuit against the person impersonating you. An attorney can help you file a defamation or invasion of privacy lawsuit to recover damages for the harm the impersonation has caused.

Protecting Yourself from Online Impersonation

In today’s digital age, it’s important to take proactive steps to safeguard your online identity and reduce the risk of falling victim to online impersonation. Here are some key strategies for protecting yourself.

Register Your Name as a Trademark

If you have a unique name or use it commercially, consider registering it as a trademark. This can provide a legal basis for shutting down impersonating accounts and websites that use your name without permission.

Set Up Google Alerts for Your Name

Google Alerts is a free tool that notifies you whenever your name or specified keywords appear in new online content. Setting up alerts for your name can help you quickly detect if someone is impersonating you online.

Use Strong, Unique Passwords for All Accounts

Using strong, unique passwords for your online accounts can prevent hackers from gaining unauthorized access and impersonating you. Avoid using easily guessed passwords or the same password across multiple accounts.

Be Cautious About Sharing Personal Information Online

The more personal information you share publicly online, the easier for someone to impersonate you. Be thoughtful about what you post on social media and other websites. Avoid sharing sensitive details like your home address, phone number, or financial information.

Monitor Your Online Presence Regularly

Make a habit of regularly searching for your name online and monitoring your social media accounts. This can help you spot any impersonating accounts or content before they can cause significant damage.

If you discover you’re being impersonated, act quickly to document the evidence and report it to the appropriate authorities and online platforms. The sooner you take action, the better your chances of minimizing the harm and holding the impersonator accountable.

Minc Law Can Help

By staying vigilant and implementing these proactive measures, you can significantly reduce your risk of becoming a victim of online impersonation. However, if you do find yourself in this situation, know that there are legal remedies available and experienced attorneys who can help you navigate the process of seeking justice and restoring your online identity.

If you’re a victim of online impersonation, the experienced internet attorneys at Minc Law can help. We have extensive experience assisting clients in identifying anonymous online perpetrators, reporting impersonation to law enforcement, and filing lawsuits to hold impersonators accountable. Reach out to schedule a consultation to discuss your specific situation and legal options. At Minc Law, we’re here to help you protect your online identity and reputation.