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Subdivision (a) requires that the perpetrator “credibly” imper- sonate another person on an Internet website or by other elec- tronic means with the intent to harm, intimidate, threaten, or defraud another person.61 A credible impersonation as defined by subdivision (b) occurs if “another person would reasonably believe, or did reasonably believe, that the defendant was or is the person who was impersonated.”62 In addition, the California legislature specifically provided that “electronic means” in subdivision (a) also prohibits a perpetrator from opening an e-mail account in the vic- tim’s name, not just an account or profile via a social networking site; this designation is unique to California’s statute.

Under the statute there are two scenarios in which a person may be charged with the crime of online impersonation. The conduct enu- merated in subdivision (a)75 constitutes a third-degree felony,

Attorney, Rodolfo Ramirez, points out, “Subsection (a) makes it a violation to use the name or persona of another person; it does not limit it to using an identical match.”77 Thus, the statute is effectively broad enough to be applied to cases in which the vic- tim’s persona or photographs are used to create a social media pro- file even under a fake name.
a person.

whereas the felony charge under subdivision (a) requires the creation of a web presence using the victim’s name or persona.78 Second, the misdemeanor does not require that the perpetrator act with the intent to intimidate or threaten; but merely that he or she attempted to harm or defraud the victim.7

As recent as January 16, 2014, Victoria Varnes, an eighteen- year-old University of Texas Arlington student, was arrested on charges of online impersonation after she created a website featur- ing provocative photographs under another person’s name.81 Pur- suant to the Texas Penal Code,82 online impersonation is a third- degree felony, and if convicted, Varnes faces a maximum fine of $10,000 or imprisonment of up to ten years. While the case is cur- rently awaiting trial, an affidavit filed with the court revealed that Varnes attempted to make an emotional plea to the victim in a handwritten apology letter stating, “I’m sorry my actions have caused you personal embarrassment. It wasn’t my intention to harm you in any way or impersonate you. It is unfortunate that I chose a screen name that may be confused with yours.”83

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