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Is It Illegal to Misrepresent Yourself Online?

By Lisa M. Schaffer, Esq. | Updated by Christie Nicholson, J.D. | Last updated on

While it’s true that people can be anonymous online, that doesn’t mean you can pretend to be someone you’re not. Of course, there are instances where it’s perfectly legal to assume a fictional identity online. For example, you may use a profile name on social media that is not your legal name.

The question is whether it’s illegal to misrepresent yourself online, and if so, what are the penalties for doing so? The answer is not as straightforward as you may think. Technically, there are state and federal laws that prohibit this sort of behavior. However, the odds of the police banging your door down because you lied about your age on E-Harmony are slim to none.

The last thing anybody wants is to face criminal charges for impersonating someone on the internet. It makes sense to wonder what kind of trouble you can get into for misrepresenting yourself online.

What Kind of Misrepresentation Did You Make?

Whether you’ll face jail time for lying about who you are online depends on the actual misrepresentations you make. Exaggerating how often you go to the gym on a social media account isn’t going to garner the same kind of attention from the authorities as claiming you’re a licensed attorney when you’re not.

The laws against fraudulent online impersonation exist to prevent people from committing fraud, identity theft, and similar crimes for financial gain. Law enforcement isn’t concerned about people lying about how much they weigh on a dating site or creating a fake profile on Instagram. While this may be hurtful to the person receiving false information, it isn’t a crime.

Claiming You Have Qualifications You Don't

While pretending to be something you’re not on a social media platform may be morally wrong, it isn’t necessarily a crime. It is a crime, however, to misrepresent that you hold professional credentials or qualifications.

For instance, the law requires that you hold specific licenses and qualifications to practice medicine or law. The unauthorized practice of either of these disciplines can result in criminal penalties.

The same is true if you misrepresent yourself as a public servant, such as a police officer or FBI agent. If you engage in this behavior, there is a good chance you’ll face jail time and fines.

Claiming to Be a Real Person You Aren't

In many states, including California, it is illegal to impersonate an actual person online with the intent of harming, intimidating, threatening, or defrauding another person. If the person who receives the misrepresentation reasonably believes that the information or communication came from the actual person, you may face criminal and legal consequences.

Texas has a similar law against pretending to be another person online. According to Texas Penal Code §33.07, you’ll face a Class A misdemeanor or a third-degree felony charge if you impersonate another person online. This includes anything from sending an instant message using a false identity to creating a website under another person’s name.

Claiming to Be a Fictitious Person You Aren't

The law is clear regarding impersonating an actual person online for personal gain. However, the law is less clear regarding claiming to be a fictional person online.

It’s not unusual for people to engage in catfishing online, usually through a social media platform. Some people refer to this as “phishing.” This occurs when someone fraudulently fabricates an online identity to trick somebody into entering a fake relationship.

People typically engage in catfishing or phishing as part of a scam or to get someone to send them money under false pretenses. This is why you’d expect there to be criminal laws against this sort of thing.

Unfortunately, laws against phishing are still evolving. While many civil laws address this behavior, there are few criminal laws. Usually, this behavior falls under fraud or larceny, especially if the person uses their fraudulent profile to obtain money.

There are also cases where catfish play a role in encouraging a vulnerable person to commit a crime or commit suicide. In these cases, judges are more likely to interpret existing laws broadly to punish the wrongdoer.

It Can’t Hurt to Consult a Local Criminal Defense Lawyer

If you or someone you love are facing charges for online misrepresentation, fraud, or defamation, seek legal advice from an experienced criminal defense attorney. The laws in this arena constantly evolve, so it can be hard to predict what law enforcement will do.

Speak with a criminal defense lawyer today to protect yourself and secure a positive outcome.

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