Catfishing – Is It Considered Criminal Fraud?

Catfishing is an online interaction where one person claims to be someone or something they are not. It can result in severe consequences for the victim. When the person uses a phony identity or otherwise convinces the target to engage in certain activities, such as sending large amounts of money, the criminal offense of fraud may be possible.

Is Catfishing Illegal?

The impersonation of another person online is not illegal by itself. However, the actions of the instigator of catfishing usually engage in some form of illegal activity at some point. The person with the fake profile could engage in criminal actions through infringement of intellectual property, defamation or impersonation for the use of another’s likeness, sexual violations with minors or by engaging through illegal activity with a minor or fraud. Almost anything the person does could have legal ramifications when he or she catfishes another person. If the perpetrator lives in another country, he or she may not suffer legal consequences for these actions within that location.

The Illegal Activity

Intellectual property infringement may occur through copyright violations where the person uses copyright material at some point. Claiming ownership, using other IP to gain something from the target or using the IP to access to something else could also start an instance of fraud. Pursuing a claim against the perpetrator of the actions is often difficult if he or she does not know who it is or cannot discover the culprit. However, with the assistance of a professional or a lawyer, it is possible to find the individual and take legal action such as a civil suit or inform the local law enforcement to seek justice.

Catfishing and Fraud

The catfisher usually engages in fraud when he or she impersonates another person and participates in illegal activity to obtain something of benefit. This could include money, property, additional information from another person to commit additional acts of fraud or something else. The benefits are usually taken from another person through bank account details, money or other assets in some form to harm the target. If the person is only impersonating another person for contact and does nothing to take an award or item from the target, then he or she may not commit a crime.

Money or Goods

When the perpetrator that engages in catfishing attempts to acquire money or goods from a person, he or she is committing fraud. Those citizens of other countries that engage in these activities will at some point normally ask for money. It may arise through usual conversation where the person explains that he or she does not have the money to pay for food, gas or a member of family is sick or hurt. When there is an emotional connection with the target, he or she will often give the perpetrator the money or property to help out.

Pursuing Justice

When the person engaging in catfishing does commit criminal fraud, he or she may face legal justice if the victim is able to identify who he or she is and contact the authorities in taking the matter to the courts. This often requires the help of a service to investigate the matter and find the individual. If the perpetrator is not in the country, seeking justice becomes more difficult. The matter may require the help of an international lawyer. The problem begins when the perpetrator steals an identity or uses the likeness of another individual when chatting or video conferencing the person.

The victim may need to contact the authorities and engage in gathering evidence against the catfisher. This is possible with recording software, conversing with the individual and acquiring additional details that the law enforcement officers or prosecutor need to pursue a case against the person for criminal fraud. The more evidence gathered, the greater the chance the victim has in seeking justice for the damage caused. Working with the police and a prosecutor, the affected individual may discover who the person is and how to help the professionals charge him or her with criminal fraud. The loss of money or property may require details to hold the perpetrator responsible.

Legal Defense Against Criminal Fraud

If the person engaging in catfishing does not commit fraud but only uses the name or image of another person, he or she may need to hire a criminal defense lawyer to defend against fraud charges. If no money or property exchanged hands, the individual will need to demonstrate his or her innocence with legal support.