Catfishing scams caused more than 650 Washington state residents to lose over $32 million in 2021. Lying about your weight or appearance is not a crime. Everyone wants to make themselves look better online. However, catfishing is more than making oneself look better. In this blog, our Washington criminal defense lawyers discuss catfishing scams and how identity theft laws may apply to these scams.
What Is Catfishing?
Catfishing occurs when a party creates a fake online identity to defraud or control someone else. They create friendships or romances, and then they use the relationship to cause harm to the person. Catfishing can be used to:
- Humiliate or embarrass someone
- Groom someone to get them to send sexual images or videos
- Blackmail a person with information, photographs, or videos disclosed through the catfishing scam
- Convince someone to send money or other assets to the party
- Obtain personal identifying information to steal the person’s identity
Catfishers are masters of using flattery, stories, and fear tactics. They research their victims to learn about their favorite places, foods, and activities to create a bond. Once they have the person’s trust, it is easy for them to manipulate the victim into doing something the victim would not ordinarily do.
How Do Washington’s Identity Theft Laws Apply to Catfishing Cases?
Identity theft is defined under RCW §9.35.020 as knowingly using, obtaining, transferring, or possessing someone’s financial information or identification with the intent to aid, abet, or commit a crime. Scams are among the most common ways to obtain someone’s financial or personal injury, including catfishing.
Once the scammer obtains the victim’s information, they use their identity to open credit card accounts, obtain loans, or purchase firearms, cell phones, and other items in the victim’s name. The catfisher may use the victim’s personal information to create a new identity to sell to someone.
Catfishing and identity theft victims have several state and federal resources for help. They should also contact an attorney to discuss legal options for dealing with the consequences of a catfish scam.
What Are the Potential Penalties for Identity Theft in Washington?
The penalties can be severe if you are charged with identity theft related to a catfishing scam. Depending on the circumstances of the criminal charges, you could face:
Identity Theft in the Second Degree
If the stolen information was used to obtain money, credit, goods, services, or anything valued at less than $1,500, the charge is a Class C felony. A conviction can result in up to five years in prison and a $10,000 fine.
Identity Theft in the First Degree
If the stolen information was used to obtain money, credit, goods, services, or anything valued at more than $1,500, the charge is a Class B felony. A conviction can result in up to ten years in prison and a $20,000 fine.
Potential defenses to identity theft include mistaken identity, unlawful search and seizure, false allegations, and lack of intent. Contact a criminal defense lawyer immediately to determine the best strategy to fight identity theft charges.
Contact a Seattle Criminal Defense Lawyer for a Consultation
It is crucial that you consult an experienced Seattle criminal defense lawyer to learn about your rights and how to protect yourself from a catfishing scam. Whether you are charged with identity theft or are the victim of catfishing, you benefit from sound legal advice. Contact Jennifer Horwitz Law to schedule your consultation with an attorney.