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.
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
| Element | Detail |
|---|---|
| Statute | Texas § 33.07 |
| Cluster | Theft & Property |
| Classification | Class A misdemeanor to third-degree felony |
| 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 |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 33.07 charge, the State must prove every element beyond a reasonable doubt:
- Defendant used another person's name or persona to create a website, post a message, or send a communication
- Without that person's consent
- With intent to harm, defraud, intimidate, threaten (§ 33.07(a)) or cause harm via electronic message (§ 33.07(b))
- 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:
- Consent — express or implied authority to use the name/persona
- Parody, satire, or political commentary protected by the First Amendment
- Lack of intent to harm — entertainment or anonymous-pseudonym use without targeting victim
- Mistake of identity — multiple accounts may have been operated by others
- Suppression of social-media records obtained without warrant under Texas Code of Criminal Procedure Article 18.21
- Constitutional challenges — § 33.07 has been challenged on overbreadth grounds and survives but with narrow application
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?
What if I made the account as a joke?
Does § 33.07 cover catfishing in dating apps?
What is the difference between subsection (a) and (b)?
Can I get social media records used as evidence?
References & Authoritative Sources
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.
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