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Criminal Consequences for Catfishing

Posted by Ronald D. Hedding | Dec 12, 2019

The whole concept of catfishing involves somebody giving fake information to another person and trying to lure them into a date or some other circumstance. 

Usually, it happens through social media, where an individual sends, for example, different pictures of themselves and further information. Then, they meet a person on a dating app. The person on the other end either goes along with it or sees the person, realizes they've been cat-fished, and decides they're not going to have any further interactions with them.

Deceiving Someone With Fake Online Information

I see a problem on the criminal level in Los Angeles, for example, with so many dating apps and a lot of people. People will catfish somebody, go on a date with them, and try to make the moves on them, and that's where things go wrong.

So, if you end up catfishing someone, having sex with them, and then they turn around and say that you forced yourself on them.

For example, you slipped them something in their drink, or you raped them. At the same time, they were unconscious; you're going to be in a much worse position trying to argue that you didn't do any of those things and that everything was consensual because you're starting on the tricky foot.  So, that's where the whole catfishing concept can be a problem as far as people looking at criminal charges.

In other words, the concept of catfishing is not a criminal offense. I have not seen anybody charged with any criminal offenses for that specific act, but when you do other things surrounded by it, they're going to use the whole catfishing concept to say that you're not legitimate.

Therefore, it's much more likely that you raped somebody or did some sexual battery on them, versus if you just met somebody on a dating app, tried to put the moves on them, it didn't work out, and you went on your separate ways, there's nothing criminal about that.

So, suppose you're involved in a catfishing scenario, and you are on the wrong end of it as far as the police investigating you. In that case, you've been arrested, you've been charged, you're being accused of committing some sexual offense — you want to hire an attorney right away.

That attorney can act as a buffer between you and law enforcement should they come knocking and want to talk to you or call you on the telephone.

Law Enforcement Investigation

Also, often, what I see law enforcement do in these catfishing situations is have the alleged victim call in and tape-record it. 

They will give the victim questions to ask in an attempt to incriminate you by confronting you with what you supposedly did and then try to get you to either admit or deny something in an awkward way where it appears that you're involved in criminal activity.

But having an attorney right from the beginning is crucial because, without an attorney, you're left bare to deal with the police and the other side by yourself, where people said you said things that you might not have declared. You can potentially incriminate yourself and give the piece of the puzzle that the police are missing to arrest you, charge you, put bail on you, and take you into custody.

So, getting an attorney on your case immediately when you suspect you might be investigating or when you even have a charge pending against you related to an incident where you were supposedly catfishing someone is crucial if you want to achieve the best result.

About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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Hedding Law Firm is committed to answering your questions about state or federal sex crime issues in California and throughout the United States.

I'll privately discuss your case with you at your convenience. All consultations are free, discreet, and confidential. Contact us today to schedule an appointment.

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