Online Impersonation in Texas

On September 1, 2011, a new law came into effect in Texas. Formerly known as Online Harassment, Section 33.07 of the Texas Penal Code was amended by the 82^nd Texas Legislature with some significant changes.

Before the amendment, Texas Penal Code, Section 33.07(a) was used to prosecute individuals who created a fake profile on a commercial social networking site like Facebook or Craigslist, using the name/persona of another, and attempting to defraud or harm another.  The amended 33.07(a) allows a person to be charged with a third degree felony if he or she uses the name or “persona” of another, without that person’s permission and with the intent to “harm, defraud, intimidate, or threaten any person” by creating a web page on a commercial social networking site or other Internet website.  The legislature broadened the scope of section 33.07(a) significantly by including the words, “other Internet website.”   This broader language could now open the door for charges to be brought against someone who creates an Ebay or Pay Pal account by using another’s credit card and identification information (fraudulently) and purchases goods.   Thus, an online impersonator who uses another’s credit card and personal information may not only face theft charges, but may also be looking at a charge of online impersonation.

Consider the scenario of where a person uses another’s credit card online to purchase a $200.00 gift card from Wal-Mart.  To purchase the gift card, the individual would have to create an online profile and enter another’s personal information, including a credit card.  The act of theft – the actual purchase of the gift card with another’s money – is a Class B misdemeanor (Texas Penal Code 33.01(e)(2)) punishable by confinement of up to 180 days and a fine of $2,000.  But the act of creating the online profile, under the amended language of 33.07(a), could be a third degree felony punishable by 2-10 years in the penitentiary and a fine of up to $10,000.

As you can see, the amended language of Section 33.07(a) creates a dangerous situation for some individuals.  And it is essential to have the right attorney on your side if you’re charged with Texas Online Impersonation.  If this happens to you, contact an attorney experienced in such matters, Dallas Online Impersonation Attorney Chad West.  (214) 509-7555.

Mr. West has handled a number of complicated Online Harassment cases throughout the State of Texas, and is poised to defend your rights under this revised law, no matter where you’re located in Texas.

CALL NOW!  (214) 509-7555 or email us.