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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27010
Experience:  Handle criminal matters in both state and federal courts.
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This is a FL State Criminal Law Consultation A man creates a

Customer Question

This is a FL State Criminal Law Consultation
A man creates a new email and Whatsapp number to impersonate his girlfriend and chat with a 2nd man and find out whether they are cheating on him.
The same man creates a 2nd email address to impersonate the 2nd man and chat with his girlfriend to find out more, also using the same Whatsapp number.
The Whatsapp number is ***** prepaid cell with a fictitious non existent person name.
On the chat the man ask them to save this new number and cell and to delete old information, to secure they don't get in contact again.
That man finds they are in contact by phone only; and closes the conversation making dis obliging sentences, making them to fight and not contact each other in future.
No identification numbers, no money involved.
Is it a misdemeanor? Or...?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

It could be considered and charged as ID Theft. Here is the Florida Statute on that crime and that is a 3rd degree felony.

At the very least, the charge could be Harassment. Here is the Florida Statute on that crime and that is also a 3rd degree felony.

Customer: replied 1 year ago.
The intent was to find out information;
Was not to cause harm (Harrass),
Not to obtain funds (identity Theft),Would you please point out what part (line or numeral) exactly of the statutes you make reference apply to your considerations.Will be imprisonement and Fine; or one of them.
Expert:  Samuel II replied 1 year ago.

But it could be either or both of those crimes. And depending on which one, the penalties are in the codes. For instance, if a misdemeanor

a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;

(b) For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.

Expert:  Samuel II replied 1 year ago.

Or if they charge and get a conviction as a felony the possible penalties could be

d) For a felony of the second degree, by a term of imprisonment not exceeding 15 years.

(e) For a felony of the third degree, by a term of imprisonment not exceeding 5 years.

Expert:  Samuel II replied 1 year ago.

It depends on what is charged. And, of course, they need a conviction. A conviction would need the DA to prove beyond a reasonable doubt that the person accused did indeed commit the crime

Customer: replied 1 year ago.
Up to 5 years, so could be any time like 30 days or 300 days? Or is the minimum 5 years?How many counts, one a as a whole impersonation on a two sides conversation; or one for each impersonation:
Let's say Felony 3rd degree is 5 year ax two counts, actually 3 .... Will it be 15 years for a passion investigation????
Expert:  Samuel II replied 1 year ago.

Correct. Or nothing at all. It could be a probation with a suspended sentence. It is a max of 5 years. The sentence may be applied to each conviction separately, yes. If that happens, I suggest, they would run Concurrently. That means that if you get 30 days and 30 days and it runs at the same time then the 30 days would be it. However, it would probably be a probation with suspended sentence. That means if you violate the probation you will serve the time.