Fake MySpace? ?

Question

If someone has taken pictures of three different people, not pretending to be them, but has created false identities all their own. All these fakes are on MySpace.com. If the person is a minor, what would be the criminal offenses?

Answer 1

Most statutes that criminalize identity theft require intent to defraud or use of the information for unlawful purposes. In this case, while "stealing" the picture and pretending to be another person may arguably fulfill one of the elements of the crime of identity theft under California law, there doesn't seem to be any intent to defraud. You can get the specifics of California law by reading California Penal Code 530.5 to 530.8

in other words, there has to be an "intent to defraud"

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