Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Online Impersonation

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.

Severity of Crime

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