An ex police officer from Carmel, Indiana, decided to comment on Facebook posts using a Georgia man’s name and photos to hide his identity. The comments posted were directed toward a candidate who was running for county sheriff. The ex police officer who created the fake Facebook profile is now being charged with identity deception which is a felony, and a misdemeanor conversion charge.
The Basics of Identity Deception
Identity deception is when a person, who with the intent to harm or defraud another person, knowingly or intentionally obtains, possesses, transfers, or uses identifying information to profess to be another person. Identity deception is ranked as a level 6 felony. The identity deception statute specifically excludes people under the age of twenty one who are trying to buy alcohol or trying to purchase adult entertainment.
In the case mentioned before, the police report indicates that the Georgia man was harmed by the ex-officer’s fake Facebook profile. It does not, however, say how the man was harmed. It seems more likely that the candidate running for sheriff would be affected by the comments more than the Georgia man would be affected by the use of his name and pictures. In court, Intent to harm will have to be proven by the state in order for them to win this case.
Identity deception typically occurs when someone uses somebody else’s information to obtain a loan, a credit card, or prescription medication and more. It is typically an extra charge that is thrown in along with when someone is charged with theft.
An Additional Criminal Charge
The ex-officer from Carmel not only is charged with identity deception, but he also gets charged with misdemeanor conversion for the photos that the ex-officer used of the Georgia man. Although it may seem simple and self explanatory, some say it is not always clear who owns pictures once they are posted onto Facebook, complicating the State’s case. Conversion is met through a person knowingly or intentionally exerting unauthorized control over a property of another person, which is a class A misdemeanor.
Ownership Can Be Complicated
United States Copyright Law controls who owns the photos and the law is undoubtedly complicated. The person who takes a photo, owns that photo, unless that person has been hired by somebody else to take the photographs.
If you take a selfie, it is safe to say that you own that selfie unless you were hired by someone else to do so. If someone else takes a photo of you, that person owns the photograph, even if the photograph is of you. Most people share, copy, screenshot, and save pictures on Facebook which would make 99.9% of those people guilty of conversion for using Facebook photos that are not theirs.
Make the Right Call
It is advised that you do not take somebody else’s Facebook photos and their name to create a fake profile with the goal of harassing somebody else. This is not a polite thing to do, and can also lead to criminal charges. If you have any questions, give our office a call at 317-632-3642, and remember—always, plead the 5th!
