I have a situation involving Texas' online impersonation statute.
The victim, who is being impersonated on Facebook, lives in Minnesota. The perpetrator lives in Texas. The perpetrator is likely to attempt reputational harm in the future, and the victim wants to take whatever actions are available ASAP. I practice in MN and don't do crim law.
My question: if this should reach the level of police involvement, is the Minnesota victim limited to filing a complaint in Minnesota? Or is it possible to invoke Texas jurisdiction based on the perpetrator's residence there? Texas law is much stronger than Minnesota in this area.This message has been edited. Last edited by: lawyer1973,
May 28, 2012, 09:37
Gretchen
Texas Penal Code Sec. 1.04. TERRITORIAL JURISDICTION. (a) This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if: (1) either the conduct or a result that is an element of the offense occurs inside this state; (2) the conduct outside this state constitutes an attempt to commit an offense inside this state...
Texas Code of Criminal Procedure Art. 13.01. OFFENSES COMMITTED OUTSIDE THIS STATE. Offenses committed wholly or in part outside this State, under circumstances that give this State jurisdiction to prosecute the offender, may be prosecuted in any county in which the offender is found or in any county in which an element of the offense occurs.
Texas Code of Criminal Procedure Art. 13.25. COMPUTER CRIMES. (a) In this section "access," "computer," "computer network," "computer program," "computer system," and "owner" have the meanings assigned to those terms by Section 33.01, Penal Code. (b) An offense under Chapter 33, Penal Code, may be prosecuted in: ... (3) any county from which, to which, or through which access to a computer, computer network, computer program, or computer system was made in violation of Chapter 33, whether by wires, electromagnetic waves, microwaves, or any other means of communication.