Online identity theft is the use of another person's identifying details, their name, their photographs, their personal details, or their accounts, without their consent.
Online Impersonation and Identity Theft
What is online identity theft?
Online identity theft is the use of another person's identifying details, name, photographs, personal details, or accounts, without their consent. The phenomenon includes opening fake profiles on social networks, taking over existing accounts, conducting correspondence in another person's name, and carrying out transactions using a stolen identity.
The relevant criminal offenses
Impersonation of another person under section 441 of the Penal Law: falsely presenting oneself as another person with intent to defraud, punishable by up to 3 years' imprisonment, and up to 5 years' imprisonment when the impersonation was intended to obtain property. Unauthorized access to computer material under the Computers Law: taking over another person's account constitutes unlawful access, punishable by up to 3 years' imprisonment, and if done in order to commit an additional offense, up to 5 years' imprisonment. Alongside these, offenses of invasion of privacy, defamation, obtaining something by deceit, and credit card fraud may also arise.
Have you fallen victim to identity theft?
Action should be taken quickly: full documentation of the fake profile or activity, reporting to the platform for removal of the account, changing passwords, and filing a complaint with the police. At the same time, it may be worth considering a civil proceeding for compensation for the damage, and in appropriate cases even without proof of damage under the Protection of Privacy Law and the Defamation Prohibition Law.
Being investigated on suspicion of online impersonation?
Computer offenses leave digital traces, but technological evidence is not immune to error: an IP address identifies not a person but a connection, and shared devices create real doubts. Do not provide a version before receiving legal advice: it is precisely in the questions of identification that the most significant defenses lie.
Legal representation in impersonation and cyber offenses
Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents victims and suspects in offenses of impersonation, identity theft, and computer offenses. Contact us for an initial consultation without obligation.
Impersonation of another person
What is the offense of impersonation?
Section 441 of the Penal Law establishes two alternatives for the offense of impersonation:
Impersonation with intent to defraud, falsely presenting oneself as another person, living or dead, with the intent to mislead. Penalty: up to 3 years' imprisonment (a misdemeanor offense).
Impersonation with intent to obtain property, presenting oneself as someone entitled to specific property under a will or by law, with the intent to obtain it. Penalty: up to 5 years' imprisonment (a felony offense).
Elements of the offense
The actus reus is divided into three components:
The act, presenting oneself before another person. The circumstances, a false presentation, meaning under an identity that is not one's own. In the aggravated alternative, the presentation is as someone entitled to specific property. Result, there is no requirement of a result. The offense of impersonation is a conduct offense: the impersonation itself completes the offense, even if the impersonator did not succeed in obtaining anything. The claim "I didn't succeed" is not a defense.
The mental element, the offense of impersonation is an offense of purpose: it is necessary to prove intent to defraud or intent to obtain property. If there was no such specific intent, it is sometimes possible to undermine the charge itself. Proving the absence of the special intent is one of the most significant defense tools in these cases.
Examples from case law and reality
In CrimA 8071/17 State of Israel v. Ilan Eshed, a lawyer impersonated an autistic person in order to gain the trust of women and commit indecent acts by deceit. The court addressed the question of whether impersonation leading to sexual relations constitutes "consent obtained by deceit," a question that may raise the exposure to the level of a more serious sexual offense.
Impersonation on the internet, opening an account on a social network in another person's name, using their photographs and details, and conducting correspondence in their name, constitutes the offense of impersonation. In many cases, online impersonation serves as a tool for committing an additional offense: extortion by threats, sexual extortion, or fraud.
Impersonating a police officer or a certificate holder, an especially serious offense. There is no need to prove intent to defraud, the mere presentation as a police officer is sufficient, whether by presenting a fake certificate, wearing a uniform, or verbal identification. More serious than ordinary impersonation.
Impersonation in examinations, sending another person to a bar exam, psychometric exam, theory test, Amir exam, professional licensing exams, and more, constitutes the offense of impersonation and may be joined by offenses of forgery and obtaining something by deceit.
Impersonation for the purpose of obtaining property, presenting oneself as an heir under a will, as a beneficiary in an insurance policy, or as someone entitled to an apartment or payment, increases the exposure to five years' imprisonment.
What not to do?
Do not face a police interrogation alone on suspicion of impersonation. Any version given in the interrogation will be documented and used as evidence. The offense of impersonation, even when the impersonator “did not succeed,” still satisfies the charge. Advice before the interrogation is critical.
Legal representation in impersonation cases
Israel Arama, a former member of the Tel Aviv District Attorney's Office, represents suspects and defendants in impersonation offenses of all kinds, from online impersonation to impersonation in examinations and before government authorities. Familiarity with the way indictments are built allows early identification of weaknesses in the mental element, and sometimes that is precisely where the key to closing the case lies. Contact us for an initial consultation with no obligation.
What is online identity theft?
Online identity theft is the use of another person's identifying details, name, photographs, personal details, or accounts, without their consent. The phenomenon includes opening fake profiles on social networks, taking over existing accounts, conducting correspondence in another person's name, and carrying out transactions using a stolen identity.
Have you fallen victim to identity theft?
Action should be taken quickly: full documentation of the fake profile or activity, reporting to the platform for removal of the account, changing passwords, and filing a complaint with the police. At the same time, it may be worth considering a civil proceeding for compensation for the damage, and in appropriate cases even without proof of damage under the Protection of Privacy Law and the Defamation Prohibition Law.
The actus reus is divided into three components — what is important to know?
The act: presenting oneself to another person. The circumstances: presenting oneself “falsely,” meaning under an identity that is not one's own. In the aggravated alternative, the presentation is as a person entitled to a specific asset. Result: no result is required. The offense of impersonation is a conduct offense: the very act of impersonation completes the offense, even if the impersonator did not manage to obtain anything. The argument “I did not succeed” is not a defense. The mental element: the offense of impersonation is an offense of purpose; it is necessary to prove an intent to defraud or an intent to obtain an asset. If there was no such specific intent, it is sometimes possible to undermine the charge itself. Proving the absence of the special intent is one of the most significant defense tools in these cases.
What not to do?
Do not face a police interrogation alone on suspicion of impersonation. Any version given in the interrogation will be documented and used as evidence. The offense of impersonation, even when the impersonator “did not succeed,” still satisfies the charge. Advice before the interrogation is critical.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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