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The L and L Law Group team at our Frisco, Texas office — co-founding partners Reggie London and Njeri London with staff
Our Frisco officeEst. 2011
The L and L Law Group team·Frisco, Texas

Texas online impersonation — Penal Code § 33.07

Texas online impersonation is a criminal offense under Penal Code § 33.07. Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.

Published 2026-05-15 · Reviewed by Reggie London and Njeri London, Co-Founding Partners · Last reviewed: 2026-05-15
Controlling statute: Texas § 33.07
Classification: Class A misdemeanor to third-degree felony
Punishment range: Class A misdemeanor (1 year + $4,000) for § 33.07(b) electronic harassment; third-degree felony (2–10 + $10,000) for § 33.07(a) impersonation with intent to harm, defraud, intimidate, or threaten

The controlling statute

Texas Penal Code § 33.07 punishes using another person's name or persona to create web pages, post messages, or send communications on social media without that person's consent. Subsection (a) — the felony branch — applies when the impersonation is done with intent to harm, defraud, intimidate, or threaten. Subsection (b), a Class A misdemeanor, covers sending electronic messages while pretending to be someone else with intent to cause that person harm. Both branches were designed for catfishing, revenge-website, and impersonation-harassment cases.

Classification & punishment range

ElementDetail
StatuteTexas § 33.07
ClusterTheft & Property
ClassificationClass A misdemeanor to third-degree felony
RangeClass A misdemeanor (1 year + $4,000) for § 33.07(b) electronic harassment; third-degree felony (2–10 + $10,000) for § 33.07(a) impersonation with intent to harm, defraud, intimidate, or threaten
Last reviewed2026-05-15

Elements the State must prove

To convict on a Texas § 33.07 charge, the State must prove every element beyond a reasonable doubt:

  1. Defendant used another person's name or persona to create a website, post a message, or send a communication
  2. Without that person's consent
  3. With intent to harm, defraud, intimidate, threaten (§ 33.07(a)) or cause harm via electronic message (§ 33.07(b))
  4. The communication occurred on a commercial social-networking site or via electronic mail/text

Defense strategies

L and L Law Group, PLLC develops the following defense strategies on every Online Impersonation case:

Enhancements & collateral consequences

When the impersonation is part of a scheme that includes identity theft under § 32.51, online stalking under § 42.072, or harassment under § 42.07, charges typically stack. Federal exposure under 18 U.S.C. § 875 (Interstate Communications) or § 2261A (Cyberstalking) is common when the conduct crosses state lines. Impersonation of a public official additionally triggers § 37.11.

Key Legal Terms

Persona (§ 33.07(c))
A name, domain address, phone number, or other identifier in connection with one or more messages or posts on a social-networking site.
Commercial Social Networking Site (§ 33.07(c))
Any Internet website that allows users to construct web pages or profiles available to other users — sweeping definition including Facebook, Twitter/X, Instagram, TikTok.
Intent to Harm, Defraud, Intimidate, or Threaten
Specific intent required for § 33.07(a) felony liability; mere unauthorized use without harmful intent does not satisfy this element.

Frequently Asked Questions

Is creating a fake social-media account a crime in Texas?
Only if it uses a real person's identity without consent and with intent to harm, defraud, intimidate, or threaten. Pseudonymous accounts and parody accounts (clearly labeled) generally fall outside § 33.07 because the statute requires unauthorized use of an actual person's identity.
What if I made the account as a joke?
Intent matters. A genuine prank lacking intent to harm may fall below the statutory threshold, though prosecutors often dispute the joke characterization. Saved screenshots showing the comedic purpose can support a defense.
Does § 33.07 cover catfishing in dating apps?
Yes. § 33.07(b) reaches electronic messages sent under another person's identity with intent to harm. Catfishing causing emotional or financial harm has supported Texas misdemeanor and felony prosecutions, often paired with theft or fraud charges.
What is the difference between subsection (a) and (b)?
Subsection (a) covers creating impersonating web pages or social-media posts and is a third-degree felony. Subsection (b) covers sending electronic messages pretending to be someone else and is a Class A misdemeanor. The felony branch requires creation of a publishing platform; the misdemeanor branch covers messaging.
Can I get social media records used as evidence?
Yes. Texas Code of Criminal Procedure Article 18.21 governs subpoenas for communications data. Platforms typically retain account creation IP addresses, device fingerprints, and login history that prosecutors use to identify defendants.

References & Authoritative Sources

  1. Texas § 33.07
  2. Texas CCP Chapter 42A — Community Supervision
  3. Texas Courts
  4. Texas Department of Public Safety
  5. Texas State Law Library

About the Authors

Reggie London

Co-Founding Partner · Texas Bar No. 24043514

Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.

Njeri London

Co-Founding Partner · Texas Bar No. 24043266

Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.

Charged with Online Impersonation? Talk to L and L Law Group.

Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.

Call (972) 370-5060

Service Areas

L&L Law Group represents clients across North Texas counties for DWI, assault, drug crimes, juvenile defense, outstanding warrants, bond reduction, and expunction matters.

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