Criminal Investigation Over Using Somebody's Name in an April Fool's Prank
My question involves criminal law for the state of: impersonating a university professor.
April Fools' Day, I decided to prank my good friend who is in my English class at a university. I created a fake Gmail account with the professor's name (one letter off) and the professor's picture. The email said my friend was nominated for an award and that he needed to speak with the teacher after class. When the friend went to speak about his award with the teacher after class, the teacher became freaked out, I guess, because she decided to report it as identity theft to the University Police Department. She also filed a complaint with some division of the FBI, because that is what Gmail advised her to do. She had no idea it was me at this point. Somehow, she found out that it was me and reported me to the Dean of the university and the English department head. She has not expressed to me that she pressed charges or intends to press charges. She said she would "update these accordingly."
April Fools' night, the UPD called me to ask if I knew anything about the matter, and I said yes, because I did not want to lie. I wanted them to know it was a harmless prank on a friend, not an enemy or anything of the sort. They asked me to come in to give a statement, and I did not.
I emailed her a semi-lengthy apology email, expressing how very sorry I was that the prank effected her, because I had no intention of harming anyone, especially her. She emailed back and accepted my apology and explained that more information would be given to me early next week on how they will proceed with the situation.
I deleted the account and have shown her proof of that.
What am I facing for this? Should I get a lawyer? Did I break a law? What can the University do to me for this if she does not decide to press charges? If she does decide to press charges?
-Samantha
Re: College Student - April Fools Prank - Impersonation
What US State did the occur in? It can make a big difference.
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sfox724
What am I facing for this?
Anything from nothing to $1000+ fines, and potentially (though incredibly unlikely) jail time.
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sfox724
Should I get a lawyer?
You don't necessarily need one yet but you should at least find one and keep their number with you in case you are arrested. I often recommend that college students seek out legal aide provided by the school but in this case you may not be eligible as most will not assist in cases involving two members of the school community.
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sfox724
Did I break a law?
Potentially, online impersonation is a fairly new issue, many states have laws against it. Share your state and we can provide more info.
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sfox724
What can the University do to me for this if she does not decide to press charges? If she does decide to press charges?
Regardless of whether or not charges are pressed the university can punish you as they see fit. Anything from ignoring it completely to Expulsion are possible, what they will choose will depend on the specific university, their policies, and likely your record with them. If she presses charges they likely have a written policy about criminal issues between a professor and student. You can review the policies or post them here for more info.
I don't want to scare you, or tell you everything will be OK. Obviously this was not malicious and you have apologized. Hopefully everything works itself out and you learn a lesson with little else to sacrifice than some stress. However by the letter of the law you may be facing bigger issues.
You can take solace in the fact that you didn't make the worst decision on April fools. http://www.huffingtonpost.com/2014/0...n_5079074.html
Re: College Student - April Fools Prank - Impersonation
What you did is not identity theft because you did not use the professor's actual name but a really dumb thing to do. Impersonating her by using her picture is not a crime unless it is tied to illegal activity. Didn't you know that the authorities can trace your computer IP address just about as fast as you can send that email?
I don't think you have anything to worry about with respect to the FBI or criminal charges but you will have to face university discipline and that could lead to suspension or expulsion. I don't think you need a lawyer but you will need some luck to get out from under this. Wait and see what the university wants to do about it.
Re: College Student - April Fools Prank - Impersonation
I'd still consult with a few lawyers, and have their numbers on hand. Most will offer free consultations.
Re: College Student - April Fools Prank - Impersonation
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budwad
Impersonating her by using her picture is not a crime unless it is tied to illegal activity.
You should not make assertions like that, as in many states that conduct can be illegal in and of itself. For example,
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Quoting Mississippi Code, Sec. 97-45-33. Online impersonation; penalties
(1) Nothwithstanding any other provision of law, any person who knowingly and without consent impersonates another actual person through or on an Internet website or by other electronic means for purposes of harming, intimidating, threatening or defrauding another person is guilty of a misdemeanor.
(2) For purposes of this section, an impersonation is credible if another person would reasonably believe, or did reasonably believe, that the defendant was or is the person who was impersonated.
(3) For purposes of this section, "electronic means" shall include opening an email account or an account or profile on a social networking Internet website in another person's name.
(4) A violation of this section is punishable by a fine of not less than Two Hundred Fifty Dollars ($ 250.00) and not exceeding One Thousand Dollars ($ 1,000.00) or by imprisonment for not less than ten (10) days and not more than one (1) year, or both.
(5) This section shall not preclude prosecution under any other provision of law and shall be considered supplemental thereto.
Re: College Student - April Fools Prank - Impersonation
Except that OP did not use the professors real name.
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I created a fake Gmail account with the professor's name (one letter off)
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(1) Nothwithstanding any other provision of law, any person who knowingly and without consent impersonates another actual person through or on an Internet website or by other electronic means for purposes of
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harming, intimidating, threatening or defrauding another person
is guilty of a misdemeanor.
Like I said, linked to illegal activity. An April fools joke is none of those and no harm came to the one "impersonated" or the one who was duped.
Re: College Student - April Fools Prank - Impersonation
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budwad
Except that OP did not use the professors real name.
Using a name with one letter different to create an account would not suddenly make this legal. She also did not specify how the email was signed, I have multiple email addresses where the account is not my actual name. Texas law is more
For purposes of this section, an impersonation is credible if another person would reasonably believe, or did reasonably believe, that the defendant was or is the person who was impersonated.
Changing one letter in the email address does not cause the impersonation to lose credibility, especially is the content of the email would lead the recipient to believe that the sender was the professor.
Re: College Student - April Fools Prank - Impersonation
If you were a prosecutor, would you prosecute this case? Or are we just debating the letter of the law?
A college student does a stupid thing on April 1 and no one is harmed beyond some concern from the professor that someone could impersonate her and the target student who wasted some time finding out it was a prank.
I take a pragmatic view and approach to something like this rather than reciting laws and telling some poor student that they should go and consult a lawyer or that they may land in jail. This will flush out in due time and in the mean time, tell the student that it was stupid but not to worry. Let him/her get back to being a student instead of throwing laws at them or giving them sleepless nights.
Re: College Student - April Fools Prank - Impersonation
What we're doing is trying to correct your incorrect statement about the law, when you have no information about what state's laws are involved or what those statutes say about this type of conduct. The odds of a charge being filed are a separate issue.
Re: College Student - April Fools Prank - Impersonation
I am in Mississippi. I have anything but a previous record, never been in trouble with the law or my university. I was a member of Americorps, helping the poor in my college town for two full years while attending this university full time in the recent past. I'm a month away from graduating. So I guess she could press charges against me from what I have learned here. Thank you. Is it bad that I did not go to the police department and give them a statement? Also, would it be likely that she'd tell me if she was pressing charges in her last email to me? Or would it benefit her somehow to not disclose that to me. (The last email was telling me how she and the university higher ups would respond to the issue.)
Re: College Student - April Fools Prank - Impersonation
I already know that I am not the brightest bulb in the chandelier when it comes to ALL the states' laws. And I don't intend to take the bar exam with what I learn here (which is much). I'm just trying to answer the OP in a way that doesn't make them feel worse than the did before they came here unless they deserve it. And I don't think this OP deserves it.
Re: College Student - April Fools Prank - Impersonation
Answering her accurately is more important. It does very little good for you to answer a poster in a way that makes them feel better if the answer you give them is misleading or even wrong.
Re: College Student - April Fools Prank - Impersonation
One more thing, the friend that I sent the email to knew that it wasn't from the teacher. He was concerned all day about which one of his friends did it. This seems important to me.
Re: College Student - April Fools Prank - Impersonation
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sfox724
I am in Mississippi.
Then Mr. K's post is applicable
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sfox724
So I guess she could press charges against me from what I have learned here. Thank you.
Depending on how far she has gone with this it may be out of her hands, she does not decide ultimately what charges will be filed, the DA does.
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sfox724
Is it bad that I did not go to the police department and give them a statement?
No, in the grand scheme of things it likely won't make a difference as your apology was an admission of guilt. As a general rule you don't want to make statements to anyone without your lawyer present, however in this situation I can't say I disagree with your decision to write the apology note.
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sfox724
Also, would it be likely that she'd tell me if she was pressing charges in her last email to me? Or would it benefit her somehow to not disclose that to me.
We can't say if it would be likely or not. If the schools legal team is involved they likely would tell her not to discuss it with you.
As I said in my first post we aren't trying to scare you but we want to be honest. I could see a situation where charges are pursued, I can't say that I would agree with it but it could happen. You have two separate issues in front of you, the first is the potential legal issue, I would bet that no charges are ever filed but you are better off safe than sorry, find a lawyer who offers free consultations and keep their number with you. You may not (probably wont) have to use it but it is a good idea to be prepared.
The second issue is the school disciplinary issue, they are welcome to take many different approaches, hopefully cool heads prevail and the punishment is little to none. You made a mistake, you acknowledged that mistake, and you apologized for it. With a great record behind you I would not expect any dramatic consequences, however Academia is notorious for being full of people with a lot of pride and huge egos, if some one decides they want to make an example out of you then you may have to deal with that. Be prerpared to be slapped with something like disciplinary probation from the school , if they were to assign a punishment that doesn't seem just and would risk your graduation then be ready to appeal, all schools have an appeal process, but you often must adhear to strict deadlines.
Best of luck, every one makes mistakes, hopefully everyone can be level headed in dealing with yours.
Re: College Student - April Fools Prank - Impersonation
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cbg
Answering her accurately is more important. It does very little good for you to answer a poster in a way that makes them feel better if the answer you give them is misleading or even wrong.
I will keep that in mind for future posts.
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sfox724
One more thing, the friend that I sent the email to knew that it wasn't from the teacher. He was concerned all day about which one of his friends did it. This seems important to me.
The fact that he went to the teacher to ask about the award is going to make this hard to believe if it ever makes it to the point where this is relevant.
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budwad
If you were a prosecutor, would you prosecute this case? Or are we just debating the letter of the law?
No, I wouldn't, but I am not the prosecutor who would be handling the case and that prosecutor is free do prosecute to the letter of the law.
Re: College Student - April Fools Prank - Impersonation
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sfox724
Is it bad that I did not go to the police department and give them a statement? Also, would it be likely that she'd tell me if she was pressing charges in her last email to me? Or would it benefit her somehow to not disclose that to me. (The last email was telling me how she and the university higher ups would respond to the issue.)
I don't think it's bad that you disclosed what happened. As the police were involved, there's a good chance they would have tracked it to you anyway, and if you had been avoiding them or (gasp) had lied to them they would be likely to infer a nefarious motive. There's a good chance that they'll accept that it was a joke gone wrong, such that they won't proceed with it as a criminal matter, although that would leave the issue of the university's code of conduct.
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cbg
Answering her accurately is more important. It does very little good for you to answer a poster in a way that makes them feel better if the answer you give them is misleading or even wrong.
And that is the gist of things. Some people get bent out of shape when they are corrected about the law, but one of the most important things we can do here is be correct about the law. As I stated, whether or not charges might follow is a separate issue. We can acknowledge the actual law while still commenting on the probability of charges.
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sfox724
One more thing, the friend that I sent the email to knew that it wasn't from the teacher. He was concerned all day about which one of his friends did it. This seems important to me.
Did he tell the instructor, "I know this wasn't from you, and I think it was a friend playing a joke?" It sounds like he suggested to the instructor that he believed the email was real.