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Is this considered identity theft?

Axson, GA |

There has been 2 girls who have been harassing us my bf and I. They finally stopped around Christmas. My cousin got the e-mail address that we had been getting messages from and pretended to be them. She even went as far as creating fake Myspace and Facebook pages to send messages to us. She created the pages one for each other girls..without their permission..would that be considered identity theft? Also is there anything else I could charge her for? She sent like 50 messages a day for the past several months!

Attorney Answers 2


Contact Myspace and Facebook and have the bad sites shut down. This is a 'terms of service' violation. Generally ID theft involves theft of another person's identification information such as SS#, date of birth and name to obtain a monetary benefit such as credit cards. This is a crime that can be reported to the authorities, and a civil violation for which one can bring a civil action against the violator for monetary damages. But, I do not see that your posting includes the 'classic' ID theft definition in the monetary sense.

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This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

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Identity theft is generally defined in the criminal context as getting something of value by using someone else's identity, so it does not sound like it was a crime. This sounds like a civil matter.

Notice: The information contained herein is intended as general legal information and does not create an attorney-client relationship and is not governed by confidentiality rules. This general legal information is not a substitute for seeking the direct advice of legal counsel.

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