There is a new group of criminal laws being written and enacted across the country. These laws are designed to punish people who, through social medial sites or other online forums, attempt to harm someone. While many people think of these acts as practical jokes, the injury is considered very real by lawmakers and judges alike—proving the offense, however, is a little more difficult..
In Texas, the online impersonation law was passed in 2009. Since then, it’s been used relatively rarely and for several reasons. Firstly, it’s difficult to catch someone in the act and since the law depends on a victim to report the crime, few cases are ever brought to law enforcement’s attention. Second, proving “intent to harm” can be difficult in a court of law.
Online impersonation refers to setting up a social media profile in someone else’s name, or otherwise using their identity to wreak havoc. One example the Houston Chronicle gives is a woman who took out a Craigslist ad seeking sexual partners, posting another woman’s photo and phone number. Another case involved someone signing up the victim for a prisoner online pen pal program.
While a few decades ago, such matters would likely be seen as practical jokes gone too far, those days are passed. Now, if you commit an offense like this, you face serious felony criminal charges.
Since the law was passed, it’s only been enforced 16 times in Harris County. The above mentioned problems make it a difficult law to keep tabs on, say prosecutors.
Opponents of the legislation say the law simply wasn’t needed—that identity theft or criminal impersonation was already illegal. Still, the law passed.
It covers impersonation done on Facebook and other social media sites, as well as blogs and websites. The act must be done with an intent to harm the alleged victim. Obviously, a satirical profile of a public figure, for instance, wouldn’t likely garner criminal charges. But, if the profile was made to seriously hinder the career or cause malicious damage to the personal life of the official, then it could be a violation of the law.
It seems like with each passing year, we find new behaviors to criminalize—many of which already fall under existing criminal statutes. Soon, we’ll need a criminal law primer in every household.
If you are facing criminal charges for something like impersonation, harassment, or even stalking—we may be able to help. Contact our offices today to discuss your case.
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i had emailed the EFF and ACLU a few days ago about a series of events that let up to a police raid on my house. i have a bit of an update on the matter.
i am currently being prosecuted for “online impersonation”, because about 10 months ago i created a website to COMPLAIN about a doctor’s mistreatment of his patients (i deleted it a few months later), and a few people had left comments to complain about him. he seen it, and pressed charges against me. the texas law for “online impersonation” uses the word “harm” in a very broad manner. complaints are MEANT to harm the service provider’s reputation, and deter others from using them. this is protected under the freedom of speech, and has legitimate application in business and industry. further more, the texas law states that it does not apply to “message boards”, which is what the site was (compaints site = message board). no one was “impersonated” – the worst you could accuse the site of being is a complaints website with a sarcastic parody theme to it.
this case will set a precedent for future cases which can be used to prevent people from voicing their grievances against a company. this will allow companies to abuse their patrons, without any adverse effects to their business. this undermines the freedom of speech and consumer protection from unethical businesses. if this case is lost, it will surely open the floodgates for more assaults on the freedoms of consumers, with less and less legal validity, which will favour businesses and individuals who are well connected to important people, at the cost of consumer awareness and protection – and freedom of speech.
unfortunately, the doctor that i was complaining about (among numerous other people’s complaints that were posted about him) had cost me my job (which was my original compl, and i have no way to hire a lawyer. i’m trying to get the ACLU and EFF involved. i know the EFF and ACLU usually do not handle cases that are not “big time news”, but i feel that if they consider this for a moment, they will see that this is a significant milestone in favour of – or against – the public’s 1st amendment right to post grievances, and if we lose footing here, it will open the door for further attempts of censorship by businesses against individuals.
i’m going to try to draw attention to this issue, so that people see the importance of this before it’s too late – if you would like to share this email with others, it may be of help, and would be appreciated. i’m going to be building a website to raise awareness about the problems with this law and others like it. it will probably be CitizenCoup.org , but, i may use LetsRevolt.com – i’m not sure on a name yet – feel free to check the domains in a few days to see the progress.
Wow, I am shocked and disturbed that they were able to do this to do. It sounds like a clear first amendment issue, and there is also no online impersonation at all.
There are many sites that exist to air consumer grievances like ripoffreport, so there is no reason you shouldn’t be able to start your own.
Good luck, I hope the ACLU or EFF takes up your case, and you get justice. Not just for you, but for all of us!