Is “Catfishing” Illegal in Georgia?

According to the eSafety Commissioner, “catfishing” occurs when someone tries to trick someone with a fake online identity. Many people have experienced this firsthand, either through social media or online dating apps. But can catfishing ever become illegal in Georgia? What if you’re facing criminal charges after catfishing someone? What kinds of penalties might you face? Could a sex crime defense lawyer in Georgia help you?

Former High School Teacher Gets 33 Years in Prison for Catfishing

A few months ago, a former high school teacher in Washington County was sentenced to 33 years in prison for catfishing his own students. As early as 2016, the teacher created fake social media accounts and communicated with the students. The teacher reportedly posed as young men and women on Instagram, using these fake personas to gain the victims’ trust. 

Eventually, he persuaded these minors to share sexually explicit content. Once he obtained this content, the defendant reposted it on Discord. This continued until 2022 when the Washington County Sheriff’s Office received multiple complaints about the explicit content. Those who reported the content realized that it depicted local students who never consented to having these images and videos shared. 

Detectives then traced the defendant’s IP address and arrived at his home. After searching the residence, they found several electronic devices that contained records of this catfishing behavior. Police identified several victims through this investigation. One notable incident involved the defendant persuading a 16-year-old to share explicit content. In the end, he pleaded guilty to producing and distributing child pornography. 

Catfishing is Not Always Illegal in Georgia

While the incident involving the high school teacher represents a serious case of catfishing, it is important to note that he did not face any charges related to adopting a fake persona. His charges were specifically related to child pornography, not his decision to impersonate young people on Instagram. 

If you simply adopt a fake persona online, you will not face any legal consequences in Georgia. There is nothing inherently illegal about this behavior, and you are free to create whatever aliases you like in the digital world. This includes fake names, fake images, and fake personalities. The only exception is if you pretend to be a real person, which is a crime called identity theft. 

Due to strong free speech laws in the United States, you are also allowed to spread fake information. As long as you do not threaten anyone or report fake bomb threats, you are free to say whatever you want online. 

You only face legal consequences if you use your fake online persona for illegal purposes. Examples include scams, harassment, stalking, cyberbullying, fraud, and the production of child pornography. 

Can a Sex Crime Defense Lawyer Help Me With Catfishing Allegations?

A sex crime defense attorney may be able to help those accused of catfishing in Georgia. If you obtained nude photographs of people while using a fake online persona, you could face serious consequences. These penalties may be particularly serious if the victims are minors. To learn more about potential defense strategies, consider contacting Lankford & Moore Law today. Our experienced defense attorneys can help you get started with an action plan. 

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Mahatma Gandhi

Lankford & Moore Law in Downtown Lawrenceville

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