Impersonation and Fake Accounts
Important: Bridging the Boundary does not provide legal advice. Laws vary by state and change over time. The information provided here is intended to help individuals understand potential legal protections and locate official resources. This site does not offer legal advice nor should its contents be taken as such.
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No specific federal online impersonation statute.
There is no standalone federal criminal law that generally prohibits creating fake online accounts or impersonating another person online. Depending on the conduct, federal prosecutors may instead rely on statutes such as 18 U.S.C. § 1028 (Fraud and Related Activity in Connection with Identification Documents and Information), 18 U.S.C. § 1028A (Aggravated Identity Theft), 18 U.S.C. § 1030 (Computer Fraud and Abuse Act), or 18 U.S.C. § 2261A (Federal Stalking) when online impersonation is used to commit identity theft, fraud, unauthorized computer access, or cyberstalking.
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Penal Code: Alabama Code § 13A-9-18 (Criminal Impersonation)
Alabama does not have a standalone law specifically prohibiting online impersonation or fake social media accounts. However, a person commits criminal impersonation by assuming a false identity with the intent to obtain an economic benefit or to injure or defraud another person. Depending on the conduct, fake online accounts may also violate Alabama's identity theft statute. Criminal impersonation is generally a Class A misdemeanor.
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Penal Code: Alaska Statutes § 11.46.570 (Criminal Impersonation in the Second Degree)
Alaska does not have a standalone law specifically prohibiting online impersonation or fake accounts. However, a person commits criminal impersonation by assuming a false identity with the intent to defraud, commit a crime, or obtain a benefit to which they are not entitled. Depending on the circumstances, identity-related offenses may also be prosecuted under Alaska's first-degree criminal impersonation statute. Criminal impersonation in the second degree is generally a Class A misdemeanor.
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Penal Code: Arizona Revised Statutes § 13-2008 (Taking the Identity of Another Person or Entity)
Arizona does not have a standalone law specifically prohibiting online impersonation or fake social media accounts. However, a person commits identity theft by knowingly using another person's identifying information without authorization to obtain a benefit, cause loss, or commit an unlawful act. Depending on the circumstances, the offense ranges from a Class 4 to Class 2 felony.
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No specific online impersonation statute.
Arkansas does not have a standalone law specifically prohibiting online impersonation or fake social media accounts. Depending on the conduct, prosecutors may instead rely on the state's identity fraud, stalking, harassment, or fraudstatutes when someone creates a fake account to impersonate or harm another person.
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Penal Code: California Penal Code § 528.5 (False Personation on the Internet)
A person commits online impersonation by knowingly and without consent credibly impersonating another actual person through an internet website or other electronic means for the purpose of harming, intimidating, threatening, or defrauding another person. Creating a fake social media profile, email account, or other online identity in another person's name is expressly covered. A violation is generally a misdemeanor.
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Penal Code: Colorado Revised Statutes § 18-5-113 (Criminal Impersonation)
Colorado does not have a standalone law specifically prohibiting online impersonation or fake social media accounts. However, a person commits criminal impersonation by knowingly assuming a false identity and performing an act that subjects another person to liability, gains an unlawful benefit, or injures or defrauds another person. Online impersonation may be prosecuted under this statute when these elements are met. Penalties range from a Class 2 misdemeanor to a Class 5 felony, depending on the conduct.
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No specific online impersonation statute.
Connecticut does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. Depending on the conduct, prosecutors may instead rely on identity theft, forgery, computer crime, harassment, or stalking statutes if someone uses a fake account to impersonate or harm another person.
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Penal Code: 11 Del. C. § 907 (Criminal Impersonation)
Delaware does not have a standalone law specifically prohibiting online impersonation or fake social media accounts. However, a person commits criminal impersonation by pretending to be another person or assuming a false identity with the intent to injure, defraud, intimidate, or obtain a benefit. Depending on the circumstances, creating a fake online account may be prosecuted under this statute. Criminal impersonation is generally a Class A misdemeanor.
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No specific online impersonation statute.
Florida does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. Depending on the conduct, prosecutors may instead rely on criminal use of personal identification information (identity theft), fraud, cyberstalking, harassment, or computer crime statutes.
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No specific online impersonation statute.
Georgia does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. Depending on the circumstances, conduct involving fake accounts may instead be prosecuted under identity fraud, forgery, computer trespass, stalking, or harassment laws.
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No specific online impersonation statute.
Hawaii does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. Depending on the conduct, prosecutors may instead rely on identity theft, criminal impersonation, harassment, or computer crime statutes when a fake account is used to deceive or harm another person.
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Penal Code: Idaho Code § 18-3126 (Criminal Impersonation)
Idaho does not have a standalone law specifically prohibiting online impersonation or fake social media accounts. However, a person commits criminal impersonation by assuming a false identity or pretending to be another person with the intent to injure, defraud, intimidate, or obtain a benefit. Depending on the circumstances, creating a fake online account may be prosecuted under this statute. Criminal impersonation is generally a misdemeanor.
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Penal Code: 720 ILCS 5/17-2 (False Personation)
Illinois does not have a standalone law specifically prohibiting online impersonation or fake social media accounts. However, the false personation statute prohibits knowingly impersonating another person or falsely representing oneself with the intent to injure, defraud, or obtain a benefit. Online impersonation may be prosecuted under this statute when those elements are met. Depending on the conduct, the offense ranges from a Class A misdemeanor to a felony.
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Penal Code: Indiana Code § 35-43-5-3.5 (Identity Deception)
Indiana does not have a standalone law specifically prohibiting online impersonation or fake social media accounts. However, a person commits identity deception by knowingly or intentionally using another person's identifying information or identity without consent to harm another person, obtain a benefit, or commit fraud. Depending on the circumstances, identity deception is generally a Level 6 felony.
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Penal Code: Iowa Code § 715A.8 (Identity Theft)
Iowa does not have a standalone law specifically prohibiting online impersonation or fake social media accounts. However, a person commits identity theft by fraudulently using another person's identifying information without authorization to obtain credit, property, services, or another benefit, or to commit an unlawful act. Penalties range from a serious misdemeanor to a Class C felony, depending on the value involved and other circumstances.
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Penal Code: Kansas Statutes § 21-5427 (Stalking)
A person commits stalking by recklessly engaging in a course of conduct targeted at a specific person No specific online impersonation statute.
Kansas does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. However, Kansas prohibits false impersonation by falsely representing oneself as another person or public official in specified circumstances that affect another person's legal rights or liabilities. Depending on the conduct, prosecutors may also rely on identity theft or fraud statutes. False impersonation is generally a Class B nonperson misdemeanor, while aggravated false impersonation is a severity level 9 nonperson felony.
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Penal Code: Kentucky Revised Statutes § 514.160 (Theft of Identity of Another Without Consent)
Kentucky does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. However, a person commits identity theft by knowingly possessing or using another person's identifying information without consent to represent that person or obtain a benefit. Depending on the circumstances, identity theft is generally a Class D felony.
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Penal Code: Louisiana Revised Statutes § 14:73.10 (Online Impersonation)
A person commits online impersonation by intentionally impersonating another actual person, without that person's consent, through an email account, social networking profile, or other internet account, or by sending electronic communications using another person's identifying information, with the intent to harm, intimidate, threaten, or defraud. A first offense is generally punishable by up to 6 months in jail, a fine of up to $1,000, or both.
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No specific online impersonation statute.
Maine does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. Depending on the conduct, prosecutors may instead rely on identity theft, forgery, harassment, stalking, or computer crime statutes if a fake account is used to deceive or harm another person.
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Penal Code: Maryland Criminal Law § 8-301 (Identity Fraud)
Maryland does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. However, a person commits identity fraud by knowingly and willfully assuming the identity of another person or using another person's personal identifying information without consent to obtain a benefit, avoid prosecution, or cause harm. Depending on the circumstances, identity fraud may be charged as a misdemeanor or felony.
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No specific online impersonation statute.
Massachusetts does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. Depending on the conduct, prosecutors may instead rely on identity fraud, harassment, stalking, intimidation, or computer crime statutes when a fake account is used to deceive or harm another person.
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Penal Code: Michigan Compiled Laws § 750.285 (False Personation)
Michigan does not have a standalone law specifically prohibiting online impersonation or fake social media accounts. However, a person commits false personation by falsely assuming another person's identity with the intent to defraud, injure, or unlawfully obtain a benefit. Depending on the circumstances, identity theft statutes may also apply. False personation is generally a misdemeanor, while related identity theft offenses may be felonies.
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Penal Code: Minnesota Statutes § 626A.35 (Use of Mobile Tracking Devices)
Minnesota law generally prohibits the installation or use of a mobile tracking device to determine a person's location or movements without lawful authority. The statute establishes that law enforcement must obtain a court order before using a mobile tracking device, except where otherwise authorized by law. Unauthorized use of a tracking device may violate Minnesota law and can result in criminal or other legal consequences.
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No specific online impersonation statute.
Mississippi does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. Depending on the conduct, prosecutors may instead rely on identity theft, cyberstalking, harassment, fraud, or computer crime statutes.
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Penal Code: Missouri Revised Statutes § 570.223 (Identity Theft or Attempted Identity Theft)
Missouri does not have a standalone law specifically prohibiting online impersonation or fake social media accounts. However, a person commits identity theft by knowingly obtaining, possessing, transferring, or using another person's identifying information without authorization to obtain a benefit or commit an unlawful act. Depending on the circumstances, the offense may be charged as a misdemeanor or felony.
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No specific online impersonation statute.
Montana does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. Depending on the conduct, prosecutors may instead rely on identity theft, forgery, stalking, harassment, or computer crime statutes if a fake account is used to deceive or harm another person.
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Penal Code: Nebraska Revised Statutes § 28-638 (Criminal Impersonation)
Nebraska does not have a standalone law specifically prohibiting online impersonation or fake social media accounts. However, a person commits criminal impersonation by assuming a false identity or pretending to be another person with the intent to gain a benefit, injure or defraud another, or interfere with governmental functions. Depending on the circumstances, creating a fake online account may be prosecuted under this statute. Criminal impersonation is generally a Class I misdemeanor, though aggravating circumstances may increase the penalty.
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Penal Code: Nevada Revised Statutes § 205.463 (Obtaining and Using Personal Identifying Information of Another Person)
Nevada does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. However, a person commits identity theft by knowingly obtaining, possessing, transferring, or using another person's identifying information without authorization to harm another person, obtain a benefit, or commit an unlawful act. Depending on the circumstances, identity theft is generally a category B felony.
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Penal Code: New Hampshire Revised Statutes § 638:26 (Identity Fraud)
New Hampshire does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. However, a person commits identity fraud by knowingly obtaining, possessing, or using another person's personal identifying information without authorization to obtain money, credit, services, or another benefit, or to commit an unlawful act. Depending on the circumstances, the offense may be charged as a misdemeanor or felony.
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Penal Code: New Jersey Statutes § 2C:21-17 (Identity Theft)
New Jersey does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. However, a person commits identity theft by impersonating another person or using another person's personal identifying information without authorization to obtain a benefit, commit fraud, or avoid legal consequences. Depending on the circumstances, identity theft may be charged as a crime of the fourth, third, or second degree.
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No specific online impersonation statute.
New Mexico does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. Depending on the conduct, prosecutors may instead rely on identity theft, fraud, harassment, stalking, or computer crime statutes if a fake account is used to deceive or harm another person.
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Penal Code: New York Penal Law § 190.25 (Criminal Impersonation in the Second Degree)
New York does not have a standalone law specifically prohibiting online impersonation or fake social media accounts. However, a person commits criminal impersonation by pretending to be another person or assuming a false identity with the intent to obtain a benefit or injure or defraud another person. Depending on the circumstances, creating or using a fake online account in another person's name may be prosecuted under this statute. Criminal impersonation in the second degree is a Class A misdemeanor.
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No specific online impersonation statute.
North Carolina does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. Depending on the conduct, prosecutors may instead rely on identity theft, cyberstalking, obtaining property by false pretenses, or computer crime statutes.
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Penal Code: North Dakota Century Code § 12.1-24-02.1 (Identity Theft)
North Dakota does not have a standalone law specifically prohibiting online impersonation or fake social media accounts. However, a person commits identity theft by knowingly using or possessing another person's identifying information without authorization to obtain a benefit, commit fraud, or facilitate another crime. Depending on the circumstances, identity theft is generally a Class C felony.
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Penal Code: Ohio Revised Code § 2913.49 (Identity Fraud)
Ohio does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. However, a person commits identity fraud by using, obtaining, possessing, or creating another person's identifying information without consent with the intent to hold themselves out as that person or to commit fraud. Depending on the circumstances, identity fraud may be charged as a misdemeanor or felony, with penalties increasing based on the value involved and prior offenses.
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No specific online impersonation statute.
Oklahoma does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. Depending on the conduct, prosecutors may instead rely on identity theft, stalking, harassment, fraud, or computer crime statutes if a fake account is used to impersonate or harm another person.
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Penal Code: Oregon Revised Statutes § 165.800 (Identity Theft)
Oregon does not have a standalone law specifically prohibiting online impersonation or fake social media accounts. However, a person commits identity theft by knowingly using, transferring, possessing, or creating another person's personal identifying information without authorization with the intent to deceive or defraud. Fake online accounts using another person's identity may be prosecuted under this statute. Identity theft is generally a Class C felony.
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Penal Code: 18 Pa. Cons. Stat. § 4120 (Identity Theft)
Pennsylvania does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. However, a person commits identity theft by possessing or using another person's identifying information without consent to further an unlawful purpose or cause harm. Depending on the circumstances, identity theft may be charged as a misdemeanor or felony.
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Penal Code: Rhode Island General Laws § 11-49.1-3 (Identity Fraud)
Rhode Island does not have a standalone law specifically prohibiting online impersonation or fake social media accounts. However, a person commits identity fraud by knowingly using another person's personal identifying information without authorization to obtain a benefit, commit fraud, or cause harm. Depending on the circumstances, identity fraud may be prosecuted as a misdemeanor or felony.
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No specific online impersonation statute.
South Carolina does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. Depending on the conduct, prosecutors may instead rely on identity fraud, stalking, harassment, computer crime, or fraud statutes if a fake account is used to impersonate or harm another person.
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No specific online impersonation statute.
South Dakota does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. Depending on the conduct, prosecutors may instead rely on identity theft, stalking, harassment, forgery, or computer crime statutes if a fake account is used to deceive or harm another person.
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Penal Code: Tennessee Code Annotated § 39-14-150 (Identity Theft)
Tennessee does not have a standalone law specifically prohibiting online impersonation or fake social media accounts. However, a person commits identity theft by knowingly obtaining, possessing, buying, or using another person's personal identifying information without consent to commit an unlawful act or obtain a benefit. Fake online accounts using another person's identity may be prosecuted under this statute. Identity theft is generally a Class D felony.
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Penal Code: Texas Penal Code § 33.07 (Online Impersonation)
A person commits online impersonation by using another person's name or persona without consent to create a web page or social media account, or by sending electronic messages while pretending to be another person, with the intent to harm, defraud, intimidate, or threaten another. Online impersonation is generally a third-degree felony, though certain conduct may be charged as a Class A misdemeanor.
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Penal Code: Utah Code § 76-9-408 (Unlawful Installation of a Tracking Device)
A person commits an offense by knowingly installing, concealing, or otherwise placing a tracking device on another person's property without the owner's consent to monitor the person's location or movements. The statute provides exceptions for lawful law enforcement activities, parents or legal guardians in certain circumstances, vehicle owners or lessors, and other uses authorized by law. A violation is generally a Class B misdemeanor, with enhanced penalties in certain circumstances.
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No specific online impersonation statute.
Vermont does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. Depending on the conduct, prosecutors may instead rely on identity theft, stalking, harassment, fraud, or computer crime statutes if a fake account is used to impersonate or harm another person.
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Penal Code: Virginia Code § 18.2-186.3 (Identity Theft)
Virginia does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. However, a person commits identity theft by using another person's identifying information without authorization to obtain goods, services, identification documents, or to avoid legal consequences or otherwise commit fraud. Depending on the circumstances, identity theft may be charged as a misdemeanor or felony.
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No specific online impersonation statute.
Washington does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. Depending on the conduct, prosecutors may instead rely on identity theft, cyber harassment, stalking, harassment, or computer crime statutes if a fake account is used to impersonate or harm another person.
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No specific online impersonation statute.
West Virginia does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. Depending on the conduct, prosecutors may instead rely on identity theft, fraud, stalking, harassment, or computer crime statutes if a fake account is used to impersonate or harm another person.
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Penal Code: Wisconsin Statutes § 943.201 (Identity Theft)
Wisconsin does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. However, a person commits identity theft by intentionally using, attempting to use, or possessing another person's personal identifying information or documents without authorization to obtain money, credit, services, employment, or anything of value, or to avoid legal consequences. Depending on the circumstances, identity theft is generally a Class H felony.
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No specific online impersonation statute.
Wyoming does not have a standalone criminal statute specifically prohibiting online impersonation or fake social media accounts. Depending on the conduct, prosecutors may instead rely on identity theft, fraud, stalking, harassment, or computer crime statutes if a fake account is used to impersonate or harm another person.
