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  1. #1
    husk is offline Junior Member husk is on a distinguished road
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    Is it illegal to create a Fake Facebook account?

    A friend of mine wanted to check to see if her boyfriend was cheating on her. She decided to create a fake facebook account with some random girls picture from google, along with a random name, not the same persons. The only thing the account was used for was to creep around and make sure he wasn't doing anything. The next day she had contacted me telling me she got a message from someone saying that they know she's a "fake" and that she was reported for identity theft. I'm just really curious about all of this, as I looked it up and found mixed answers. The state is Texas by the way. The account wasn't used to harass anyone, and has since been deleted. I'm so confused on all of this as I've found mixed answers, and decided to come here. (Be the nosy person I am.)

  2. #2
    mobrien316's Avatar
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    In Connecticut, it would be illegal if she took a picture of a real person and started a Facebook account with that person's name on it. Depending on the circumstances it could range from simple harrassment to identity theft.

    If someone takes a random picture off the internet and uses it to start a Facebook page calling themselves "John Doe" (or any other random name that is not take from a real person) it is not illegal and it is certainly not identity theft.
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  3. #3
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    Quote Originally Posted by mobrien316 View Post
    In Connecticut, it would be illegal if she took a picture of a real person and started a Facebook account with that person's name on it. Depending on the circumstances it could range from simple harrassment to identity theft.

    If someone takes a random picture off the internet and uses it to start a Facebook page calling themselves "John Doe" (or any other random name that is not take from a real person) it is not illegal and it is certainly not identity theft.
    Same in Oregon. It also depends on what they do with it. If they try to get some gain or do harm to someone behind a fake page, it might cross the line.
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    Quote Originally Posted by Cat_Doc View Post
    You just gotta realize he is hard of hearing and cranky, and try to speak up more clearly next time and make it perfectly clear what you were saying so there is no misinterpretation. You gotta try not to get mad at the old guy, recognizing the issue at hand.

  4. #4
    TEXASCOP's Avatar
    TEXASCOP is offline Crime Fighter TEXASCOP has a reputation beyond repute TEXASCOP has a reputation beyond repute TEXASCOP has a reputation beyond repute TEXASCOP has a reputation beyond repute TEXASCOP has a reputation beyond repute TEXASCOP has a reputation beyond repute TEXASCOP has a reputation beyond repute TEXASCOP has a reputation beyond repute TEXASCOP has a reputation beyond repute TEXASCOP has a reputation beyond repute TEXASCOP has a reputation beyond repute
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    The closest offense would be the following, but what you described does not really meet the elements of the offense. It's also not identity theft.

    Sec. 33.07. ONLINE IMPERSONATION. (a) A person commits an offense if the person, 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:

    (1) create a web page on a commercial social networking site or other Internet website; or

    (2) 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.

    (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:

    (1) without obtaining the other person's consent;

    (2) with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and

    (3) with the intent to harm or defraud any person.

    (c) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (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.

    (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

    (e) It is a defense to prosecution under this section that the actor is any of the following entities or that the actor's conduct consisted solely of action taken as an employee of any of the following entities:

    (1) a commercial social networking site;

    (2) an Internet service provider;

    (3) an interactive computer service, as defined by 47 U.S.C. Section 230;

    (4) a telecommunications provider, as defined by Section 51.002, Utilities Code; or

    (5) a video service provider or cable service provider, as defined by Section 66.002, Utilities Code.

    (f) In this section:

    (1) "Commercial social networking site" means any business, organization, or other similar entity operating a website that permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real-time communication with other users or the creation of web pages or profiles available to the public or to other users. The term does not include an electronic mail program or a message board program.

    (2) "Identifying information" has the meaning assigned by Section 32.51.
    Last edited by TEXASCOP; 06-10-12 at 09:42 AM.

  5. #5
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    It may not be criminally illegal in your state, but it is against Facebook's terms of service and they could sue you for it.

  6. #6
    G35 Mass is offline Veteran Member G35 Mass has a reputation beyond repute G35 Mass has a reputation beyond repute G35 Mass has a reputation beyond repute G35 Mass has a reputation beyond repute G35 Mass has a reputation beyond repute G35 Mass has a reputation beyond repute G35 Mass has a reputation beyond repute G35 Mass has a reputation beyond repute G35 Mass has a reputation beyond repute G35 Mass has a reputation beyond repute G35 Mass has a reputation beyond repute
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    Quote Originally Posted by McNulty View Post
    It may not be criminally illegal in your state, but it is against Facebook's terms of service and they could sue you for it.
    For this reason, we have discussed in Massachusetts that by doing that it meets our state's requirement of "unauthorized access to computer system" as Facebook clearly states that such use is unauthorized.

    I'm not sure if it's ever been tried.

    OP, is someone going to report him to the cops because he's jealous? In my experience, people who have trust issues with their significant other are untrustworthy themselves.

  7. #7
    husk is offline Junior Member husk is on a distinguished road
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    Thanks for the answers, now I know a little bit more. And G35, she saw his text messages from other girls, and apparently he was being flirty so she just wanted to make sure.

  8. #8
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    Sounds like a smart girl IMO.... Maybe I should do this with my "woman"....LOL
    "TO PROTECT THE SHEEP FROM THE WOLVES, YOU HAVE TO THINK AND ACT LIKE A WOLF"

  9. #9
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    Facebook will just close the account if they find out.
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