When someone pretends to be you online, California law responds.

A fake profile with your face. Messages sent "from you" that you never wrote. In California, pretending to be you online isn't a prank — it's a crime with your name on the police report, pointed the other way.

Ava: Michael, this is one of the cruelest ones because it hijacks a person's reputation. An ex makes a fake dating profile with her photos. Someone opens a social account in her name and messages her family, her boss. What does California law actually do here?

Michael Benavides, Esq.: California has a statute written for exactly this moment — Penal Code § 528.5. It makes it a crime to knowingly and without consent credibly impersonate another real person through an internet website or electronic means, for the purpose of harming, intimidating, threatening, or defrauding that person. "Credibly" is the key word — it has to be believable enough that people could think it's really you. That's most fake profiles and hijacked accounts.

What has to be true

Ava: And it's not only a criminal matter?

Michael Benavides, Esq.: Right. Section 528.5 expressly allows the victim to bring a civil action for damages as well — so there's a criminal lane and a money lane. Depending on the facts, related theories like false personation, defamation, or misappropriation of your likeness can come into play too. The point is you are not limited to just asking a platform nicely.

Your first moves

Ava: Same Pink Data rhythm — preserve, report, then pursue.

Michael Benavides, Esq.: Every time. Your name is yours. California gives you the tools to take it back.

Pink Data helps California women and families take back control of their identity online. If someone is impersonating you, we can help you preserve the evidence, force removal, and pursue the person responsible under Penal Code § 528.5. Free, confidential consultation: 707-362-4166.

PINK DATA is a women's- and family-focused brand of the Law Office of Michael Benavides, Esq., California State Bar No. 270714. Ava is an editorial brand voice, not an attorney; all legal analysis is provided by Michael Benavides, Esq. General information about California law, not legal advice; no attorney-client relationship is formed. Verify current statutes. If you are in danger, call 911; the National Domestic Violence Hotline is 1-800-799-7233. ATTORNEY ADVERTISING.