Online Impersonation
Chapter 33 of the Texas Penal Code defines computer related offenses.
“Online Impersonation”, as per § 33.07 of the Texas Penal Code, occurs when a person A) without obtaining the other person's consent and with the intent to harm, defraud, intimidate, or threaten any person, uses the name or persona of another person to:
- create a web page on a commercial social networking site or other Internet website; or
- post or send one or more messages on or through a commercial social networking site or other Internet website, other than on or through an electronic mail program or message board program.
Or B), a person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person:
- without obtaining the other person's consent;
- with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and
- the intent to harm or defraud any person.
An offense under A) is a third degree felony, an offense under B) is a Class A misdemeanor, except that the offense is a felony of the third degree if the actor commits the offense with the intent to solicit a response by emergency personnel.
Punishment Range
Misdemeanor A
- Confinement in jail for a term not to exceed one year
- Fine not to exceed $4,000
- Both such fine and confinement
Third Degree Felony
- Imprisonment in the institutional division for not more than 10 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000