Felonious Political Advertising

Texas’s Online Impersonation statute, Penal Code Section 33.07:

(a) A person commits an offense if the person, without obtaining the other person’s consent and with the intent to harm … any person, uses the name or persona of another person to:

(1) create a web page on a commercial social networking site or other Internet website; or

. . .

(c) An offense under Subsection (a) is a felony of the third degree.

(“Harm” includes any disadvantage.)

So this (archived version) is a third-degree felony.

I’ll be including it in my next brief challenging the statute.

3 Comments

    1. That’d be like waving a red flag saying “PLEASE CHARGE ME UNDER THIS UNCONSTITUTIONAL STATUTE!”

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