Sacramento, CA asked in Family Law for California

Q: Is it illegal for a step parent to impersonate your child through text message and if so what legal action can I take?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, it is illegal to impersonate another person with the intent to harm, intimidate, threaten, or defraud that person. This includes impersonating someone else through text message or other forms of electronic communication. The specific law that prohibits this type of behavior is California Penal Code Section 528.5, which states:

"Any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant to subdivision (d)."

Subdivision (d) of Penal Code Section 528.5 provides for a variety of potential penalties, depending on the specific circumstances of the offense. For example, a violation of this law can be charged as a misdemeanor or a felony, and can result in imprisonment, fines, or both.

Therefore, in California, it is illegal for anyone, including a step-parent, to impersonate another person in a way that is intended to harm, intimidate, threaten, or defraud that person. This includes impersonating someone else through text message or other forms of electronic communication.

If you believe that a step-parent has impersonated your child through text message, you may be able to take legal action against the step-parent. One potential legal remedy is to seek a restraining order, which is a court order that prohibits the step-parent from contacting you or your child, or engaging in any other harmful behavior.

Another potential legal remedy is to file a criminal complaint with law enforcement. Impersonating someone else with the intent to harm, intimidate, threaten, or defraud is a crime in California, and can result in criminal charges, including identity theft or cyber harassment.

It is important to note that the specific legal remedies available to you may depend on the specific facts of your case, including the nature and extent of the impersonation, and whether there is evidence of harm or intent to harm. Therefore, it may be helpful to consult with a licensed attorney in California who can provide you with legal advice based on your specific circumstances.

Eliza Jasinska agrees with this answer

Eliza Jasinska
Eliza Jasinska
Answered
  • Costa Mesa, CA
  • Licensed in California

A: Please consult with a family law attorney to go over the details of your case. In general, impersonating someone is illegal. You have to discuss the case with the attorney to find out how the law applies to the facts of your case.

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