Is Name-Stealing Cyberstalking?

Is Name-Stealing Cyberstalking?

Posted in the El Paso Forum

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United States

#1 Oct 31, 2012
Does name stealing constitute cyberstalking? Find out.

(1) Go to the Texas Penal Code:

http://www.statutes.legis.state.tx.us/Docs/PE...

(2) Scroll down to 33.07(a):

"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..."

Remedies:

1.If you think someone has stolen your identity or is impersonating you on the Internet in a malicious manner, first gather all the facts. Names, times, dates and other information are necessary. Make copies of the text(s) where you think you are being impersonated.

2. Go to the El Paso (or any other large city's) Office of the Texas Attorney General. Ask for the "Property Crimes Division" attorney. Discuss the case and see if criminal charges are warranted.

The State AG has the means and authority to obtain a cyberstalker's real identity, address, prior criminal records, and copies of every post he has ever made on the Internet. Their cases are prosecuted in State District Courts.
Online host

El Paso, TX

#2 Oct 31, 2012
Excellent information. Thank you so much for taking the time to inform us. I'm sure this information will come in very handy soon.
Lawnmower man

United States

#3 Nov 1, 2012
The information will become handy. Those that use other people's real names defame them and post their knowledge of criminal activity will not find it funny when they have to explain themselves.
ResMav

United States

#4 Nov 1, 2012
Lawnmower man wrote:
The information will become handy. Those that use other people's real names defame them and post their knowledge of criminal activity will not find it funny when they have to explain themselves.
You will have to pay an attorney to locate them first and since you have never used your real name you really should end your childish tantrums and stop whinning and crying.
Lawnmower man

United States

#5 Nov 1, 2012
ResMav wrote:
<quoted text>You will have to pay an attorney to locate them first and since you have never used your real name you really should end your childish tantrums and stop whinning and crying.
I not talking about me pea brain.

BTW, I have paid retainers in the past.

You missed the part about posting knowledge of criminal activity.
ResMav

United States

#6 Nov 1, 2012
Lawnmower man wrote:
<quoted text>
I not talking about me pea brain.
BTW, I have paid retainers in the past.
You missed the part about posting knowledge of criminal activity.
Sure you have . You're obviously drunk again you pathetic alcoholic.
Fact Checker

United States

#7 Nov 1, 2012
ResMav wrote:
<quoted text>You will have to pay an attorney to locate them first and since you have never used your real name you really should end your childish tantrums and stop whinning and crying.
You need to re-read part (b)(1) of the statute in the first post.

"(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."

No where in the statute does it say the person must use his "real name."

The State Attorney General offices are staffed by State-paid attorneys and are a law enforcement agency. If they accept a case for prosecution, they file it on behalf of the State, not the victim. There is no charge to the victim.
wtf

El Paso, TX

#8 Nov 1, 2012
Fact Checker wrote:
<quoted text>
You need to re-read part (b)(1) of the statute in the first post.
"(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."
No where in the statute does it say the person must use his "real name."
The State Attorney General offices are staffed by State-paid attorneys and are a law enforcement agency. If they accept a case for prosecution, they file it on behalf of the State, not the victim. There is no charge to the victim.
But the victim will have to reveal their true identity. Most of the moron on here will not want to reveal their true identities. Now go back to school you jail house lawyer.
wtf

El Paso, TX

#9 Nov 1, 2012
Fact Checker wrote:
<quoted text>
You need to re-read part (b)(1) of the statute in the first post.
"(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."
No where in the statute does it say the person must use his "real name."
The State Attorney General offices are staffed by State-paid attorneys and are a law enforcement agency. If they accept a case for prosecution, they file it on behalf of the State, not the victim. There is no charge to the victim.
Oh yeah you pinhead I have only read about two cases where this has happened, one was in AZ, and in both instances the "victim" was a REGISTERED user. Most of these fools, if not all, are not registered or if they are registered they spew their vile crap and log on as guest. So please stfu.
wtf

El Paso, TX

#10 Nov 1, 2012
Fact Checker wrote:
<quoted text>
You need to re-read part (b)(1) of the statute in the first post.
"(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."
No where in the statute does it say the person must use his "real name."
The State Attorney General offices are staffed by State-paid attorneys and are a law enforcement agency. If they accept a case for prosecution, they file it on behalf of the State, not the victim. There is no charge to the victim.
Here you go ignoramous,read: http://www.cyberguards.com/CyberStalking.html
No Name

El Paso, TX

#11 Nov 1, 2012
wtf wrote:
<quoted text>Oh yeah you pinhead I have only read about two cases where this has happened, one was in AZ, and in both instances the "victim" was a REGISTERED user. Most of these fools, if not all, are not registered or if they are registered they spew their vile crap and log on as guest. So please stfu.
This is hypathical question,Can someone with no name due the hell out of everybody? And advice would be greatly appreciated,I tried that falling in the store stuff but the motherF s had cameras so that didn't work. Answer the question.
wtf

El Paso, TX

#12 Nov 1, 2012
No Name wrote:
<quoted text>
This is hypathical question,Can someone with no name due the hell out of everybody? And advice would be greatly appreciated,I tried that falling in the store stuff but the motherF s had cameras so that didn't work. Answer the question.
Dude you have to be sober to be post something intelligent on here otherwise these pricks on here are going to cry and complain. Post back tomorrow.
No Name

United States

#13 Nov 1, 2012
wtf wrote:
<quoted text>Dude you have to be sober to be post something intelligent on here otherwise these pricks on here are going to cry and complain. Post back tomorrow.
Ok
wtf

El Paso, TX

#15 Nov 1, 2012
No Name wrote:
<quoted text>
Ok
Are you crying again?
ResMav

United States

#16 Nov 1, 2012
No Name wrote:
<quoted text>
Ok
Hey dumbocrat, are you finished packing your bags? Because you're about to lose your job in a few short months.
ResMav

El Paso, TX

#17 Nov 1, 2012
Sorry for the attitude guys, I'm just mad because my wife found out I'm queerer than a three-dollar bill and have been in the closet all my life. Remember Brokeback Mountain? Well, that film was loosely based on my life. And I do mean loosely. ha ha
ResMav

El Paso, TX

#18 Nov 1, 2012
I'm also a Ripofflican. So hide your wallets. Some people say I look like a cross between Rush Limbaugh and Carl Rove. Nobody likes me.
wtf

El Paso, TX

#19 Nov 1, 2012
ResMav wrote:
Sorry for the attitude guys, I'm just mad because my wife found out I'm queerer than a three-dollar bill and have been in the closet all my life. Remember Brokeback Mountain? Well, that film was loosely based on my life. And I do mean loosely. ha ha
Trust me we already knew that ResMav - El Paso! What a tool!
wtf

El Paso, TX

#20 Nov 1, 2012
ResMav wrote:
Sorry for the attitude guys, I'm just mad because my wife found out I'm queerer than a three-dollar bill and have been in the closet all my life. Remember Brokeback Mountain? Well, that film was loosely based on my life. And I do mean loosely. ha ha
I can't believe that you would call yourself queer while attempting to slander someone else. Nice try queer bait.
ResMav-Wash

El Paso, TX

#21 Nov 1, 2012
And I can't believe you need three viagras when you hop in the sack with that buffalo you call a wife. ha ha ha I'm sooooo funny!

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