Saturday, October 24, 2009

Is it illegal...?

Is it illegal to pretend to be somebody else (hu does exist) on the internet and make them out to be someone theyre not (for example gay) and make them seem to be a really disgusting person?

(and just so u know I'm not planning on doing this I just have seen it done in the past)
Answer:
Yes it is illegal. It is both Identity Theft which is a Felony for which you can be fined and imprisoned and, as you describe the scenario, the Civil Tort Libel for which you can be subjected to punitive damages. It amazes me how many people answer these types of questions with admissions of guilt that can be used against them if/when they end up brought to trial.
no just sick
Yes
no
what a strange question anyway i got 2 points
they sure do.
What do you mean by, "doesn't exist"?
And, if it's some role playing/fairy land ****
Then do whatever....
ah i dont know i do it all the time with people i dont like =)
It is called Libel, and yes it is illegal.
no but... why would someone waste there time doing it
that sounds like fun
The truth is at a certain degree it does become a federal offense.
it could be construed as slander, deformation of character.and just plain rude
Yes this is illegal in most jurisdiction,
This can commenly by taken as a form of "Impersonation"

Here is a glance

The crime of pretending to be another individual in order to deceive others and gain some advantage.

The crime of false impersonation is defined by federal statutes and by state statutes that differ from jurisdiction to jurisdiction. In some states, pretending to be someone who does not actually exist can constitute false impersonation. For example, suppose Bill attempts to evade prosecution for a crime by giving the arresting officer a fictitious name and address. In Colorado, where "[a] person who knowingly assumes a false or fictitious identity and, under that identity, does any other act intending unlawfully to gain a benefit for himself is guilty of criminal impersonation," Bill could be charged with a crime (Colo. Rev. Stat. Ann. § 18-5-113(1) [West 1996]). In this situation, the benefit Bill hopes to realize is avoiding prosecution, so that element of the offense has been satisfied. To be charged, the defendant does not need to seek a monetary benefit from the impersonation.

In New York, giving only a fictitious name does not constitute false impersonation. Under New York law, criminal impersonation is committed when an individual "[i]mpersonates another and does an act in such assumed character with intent to obtain a benefit or to injure or defraud another" (N.Y. Penal Law § 190.25 [McKinney 1996]). In other words, it is illegal to impersonate a real person, but not a fictitious one. Thus, if Carol forges Ann's name on checks made out to Ann so that Carol can cash the checks, Carol could be guilty of false impersonation—but only if Ann is a real person. Such laws are designed to protect innocent people from the losses they may incur owing to the wrongful acts of others and to restore any loss of dignity and reputation they may have suffered as a result of impersonation.

Most state laws also provide that the impersonation of a public official is a criminal act. In Texas, impersonating "a public servant with intent to induce another to submit to his pretended official authority or to rely on his pretended official acts" is a crime (Tex. Penal Code Ann. § 37.11 [West 1996]). Depending on the jurisdiction, the public servant being impersonated does not always have to actually exist. For example, suppose Carl pulls over a driver, shows her a fake police badge, and reprimands her for speeding but tells her that he will not arrest her if she pays him $50. Carl's actions constitute the crime of false impersonation, in addition to any other crimes, including extortion, that may apply to the situation. Thousands of criminal reports are filed every year by individuals victimized in various ways by persons impersonating police officers.

Under federal law, pretending to be "an officer or employee acting under the authority of the United States" in order to demand or obtain "any money, paper, document, or thing of value" can result in a fine as well as imprisonment for up to three years (18 U.S.C.A. § 912). Like state false impersonation statutes, the federal law also seeks to protect interests such as the dignity and prestige of individuals, especially those who hold federal office. Federal statutes also prohibit other types of impersonation, including pretending to be a U.S. citizen; pretending to be a U.S. officer or employee attempting to arrest or search a person or search a building; pretending to be a creditor of the United States or a foreign official; and pretending to be an agent or member of 4-H or of the Red Cross.
So they are pretending to be the guy who is in charge of China? Hu?
Uh...yeah. It's definately illegal. It's called slander...better yet libel. If someone has done this to you, they are legally responsible for thier actions and can be held accountable in a court of law.
Yes it is called defamation of character and is something you can get sued for and slander. but impersonation is not illegal as long as you don't forge their name on anything!!
its not if they dont catch u :)
Suspect it happens all the time. I use my real name always where permitted and it hasn't caused a problem.
This is a form of identity theft and is taken very seriously by most people. I have also seen this done to a few people and all i can say no good can come of it.
Well it is sort of like defamation of character, perhaps also a form of harassment in that the action of pretending to be someone else in a negative sense will cause them to feel harassed
So long as it is not for fraudulent reasons, you can pretend to be whoever you want to be unless it is a medical officer - a doctor, or a policeman.

If your intention is to commit fraud, it will always be illegal.

Think of it this way, if you go to a fancy dress party, you can be what you want to be - it is not so much what you have chosen to be but what your intention is. You can dress up as a doctor or a policeman/woman - but the point is do you intend people to think that you are that person/authority or not?

It is intent not pretence that has the priority here.
yep, definately illegal... could be seen as Defamation of Character
I suppose it is
It is defamatory, as the Sunday Chronicle discovered nearly a century ago to its cost. Before the First World War, a provincial newspaper called the Sunday Chronicle published a story about the scandalous behaviour of English tourists in Dieppe, France. The story said, in part:

“Upon the terrace marches the world, attracted by the motor races—a world immensely pleased with itself, and minded to draw a wealth of inspiration—and, incidentally, of golden cocktails—from any scheme to speed the passing hour …. ‘Whist! There is Artemus Jones with a woman who is not his wife, who must be, you know—the other thing!’ whispers a fair neighbour of mine excitedly into her bosom friend’s ear. Really, is it not surprising how certain of our fellow countrymen behave when they come abroad? Who would suppose, by his goings-on, that he was a churchwarden at Peckham?”

“Artemus Jones” was a fictional character created by the writer to illustrate a point, but a real Artemus Jones, a barrister from North Wales emerged to sue the newspaper for libel. The case became known as E. Hulton %26 Co. v. Jones (1910).

In court, the Sunday Chronicle tried to say to Jones, “We were not talking about you. We did not mean to refer to you.” But, in English law, libel was (and still is) a tort of strict liability. The court barred this line of defence.

What mattered was not what the Sunday Chronicle intended, but what readers of the Sunday Chronicle who knew Artemus Jones could reasonably conclude after seeing the article. Because of the very unusual character of the name Artemus Jones, the court decided that the newspaper’s readers could conclude that he was the man to whom the newspaper referred.
actully they could probab;y be done for libel. however, it is difficult to prove as you have to dtermine which country they are in.

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