I've got a local kook who knows computers and he is apparently sending out emails to our local media and others using the email addresses of local folks. The emails are very slanderous but they apparently do not contain any real threats. They purport to be authored by the local people and contain such matters as "confessions of wrong-doing" and resignations from office, etc. As you can imagine, it's creating quite a stir. The feds are looking at it but I'm trying to determine what, if any, state charges might be applicable. Chapter 33 of the PC, Computer Crimes, might be applicable but it starts out as a Class B. Perhaps Sec. 32.51 might be applicable as well... Any ideas on what, if anything, I can charge this nut with??? Thanks.

How about "Fraudulant Use or Possession of Identifying Information?"

That might work! Thanks.

This sort of behavior doesn't require any specific computer knowledge... you can change the configuration/settings of most email programs to show whatever sender you wish... it doesn't even need to be a valid address. Most of the email spam has a bogus return address.


I'm not a lawyer but the facts as described seem more like a civil defamation tort than a crime.

Also I was looking at this identity theft law and at first I thought maybe (a)(1)(C) was talking about an email address but then in context it looked more like a physical address that is used together with a credit card to place an order over the internet... that seems to make more sense in terms of identity theft anyway.

.... maybe (a)(1)(A) for using the other peoples' names but that seems like a stretch.


FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION.

(a) In this section:
(1) "Identifying information" means information that alone or in conjunction with other information identifies an individual, including an individual's:
(A) name, social security number, date of birth,and government-issued identification number;
(B) unique biometric data, including the individual's fingerprint, voice print, and retina or iris image;
(C) unique electronic identification number, address, and routing code, financial institution account number;and
(D) telecommunication identifying information or access device.
(2) "Telecommunication access device" means a card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service, equipment, or instrument identifier ormeans of account access that alone or in conjunction with anothe rtelecommunication access device may be used to:
(A) obtain money, goods, services, or other thing of value; or
(B) initiate a transfer of funds other than a transfer originated solely by paper instrument.

(b) A person commits an offense if the person obtains, possesses, transfers, or uses identifying information of another person without the other person's consent and with intent to harm or defraud another.

(c) An offense under this section is a state jail felony.

(d) If a court orders a defendant convicted of an offense under this section to make restitution to the victim of the offense,the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney's fees, incurred as a result of the offense.

(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law. Added by Acts 1999, 76th Leg., ch. 1159, SS 1, eff. Sept. 1, 1999.Amended by Acts 2003, 78th Leg., ch. 1104, � 4, eff. Sept. 1,2003.