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Identity, image and privacy

Is Catfishing Illegal? When a Fake Profile Becomes a Crime

Catfishing is not a crime in itself, but it often becomes one. Here is how impersonation, fraud and stalking laws apply, and what to do when a fake profile uses your name or photos.

Reviewed byIsabella Custódio Mesquita
Verified November 1, 2026
15 min read
21 official sources

Is catfishing illegal? The short answer

Catfishing, meaning using a fake online identity to deceive someone, is not a crime in itself under any single US law. Lying about your age, job or appearance on a dating app is usually not illegal. Catfishing becomes illegal when it crosses into conduct the law already punishes: impersonating a real person to harm or defraud someone, tricking a victim into sending money, using another person’s identifying information to commit a crime, or harassing and stalking the target.

The person whose name and photos were used also has options. Depending on the state, they may have a civil claim, and every major platform lets them report the fake profile. This guide explains the main criminal laws, the civil claims and the reporting channels. It is general information, not legal advice. For your own situation, speak with a licensed attorney in your state.

What catfishing means, and when it is only a lie

A catfish builds a fake online persona, usually on a dating app or social network, to start a relationship with someone. The persona can be invented from scratch or built with a real person’s name and photos. The motives vary: money, revenge, harassment or simple deception.

The law treats these situations very differently. Two questions matter most:

Whose identity was used? An invented persona raises different issues from a profile that uses a real, identifiable person’s name and pictures. Several state impersonation laws apply only when a real person is impersonated.
What was the goal, and what happened? Statutes look for intent to harm, defraud, intimidate or threaten, and for real consequences such as money sent, distress caused or a reputation damaged.

A catfish who invents a persona and never asks for anything can cause real hurt without breaking a criminal law. One who uses a real executive’s photos to take money from strangers can face several charges at once.

Online impersonation laws: when using someone’s identity is a crime

A number of states have laws aimed specifically at online impersonation. Three examples show how they work:

California. Penal Code § 528.5 makes it a crime to knowingly and without consent credibly impersonate another actual person through an internet website or other electronic means, for purposes of harming, intimidating, threatening or defrauding another person. An impersonation is credible if another person would reasonably believe, or did reasonably believe, that the defendant was the person impersonated. Electronic means expressly include opening an email account or a social networking profile in another person’s name. The penalty is a fine of up to $1,000, up to one year in county jail, or both, and a person harmed by the impersonation can also sue for compensatory damages and injunctive relief.
Texas. Penal Code § 33.07 makes it a third degree felony to use another person’s name or persona, without consent and with intent to harm, defraud, intimidate or threaten any person, to create a web page or to post or send messages on a social networking site or other website. Sending an email, text or similar message that references another person’s identifying information, intending the recipient to believe that person sent it and with intent to harm or defraud, is a Class A misdemeanor.
New York. Penal Law § 190.25(4) makes it criminal impersonation in the second degree, a class A misdemeanor, to impersonate another by communication through an internet website or electronic means with intent to obtain a benefit or to injure or defraud another.

These laws share a pattern. They require a real person to be impersonated, a lack of consent and a harmful purpose. A fake profile built entirely from invented details usually falls outside them, although it can still be prosecuted as fraud or harassment.

When catfishing becomes fraud: romance scams

Most catfishing that ends in a criminal case involves money. The Federal Trade Commission describes the pattern: scammers create fake profiles on dating sites and apps or contact people through social media, build trust through frequent contact, say they cannot meet in person and then ask for money for medical bills, travel, visas or fees, or offer help with cryptocurrency investing (FTC consumer advice).

Federal law reaches these schemes in two main ways:

Wire fraud. 18 U.S.C. § 1343 punishes anyone who devises a scheme to defraud, or to obtain money or property through false pretenses, representations or promises, and transmits or causes to be transmitted a wire, radio or television communication in interstate or foreign commerce to carry it out. The maximum sentence is 20 years in prison, rising to 30 years and a fine of up to $1,000,000 when the violation occurs in relation to, or involves a benefit paid in connection with, a presidentially declared major disaster or emergency, or affects a financial institution.
Identity theft. 18 U.S.C. § 1028(a)(7) makes it a federal crime to knowingly transfer, possess or use, without lawful authority, a means of identification of another person with intent to commit, or to aid or abet, any unlawful activity that violates federal law or is a felony under state or local law. A means of identification includes a person’s name.

State fraud and theft laws can apply as well. The FTC’s own advice is direct: never send money or gifts to someone you have not met in person, and run a reverse image search on the profile photo. If the photo is tied to another name, or the details do not match, that is a sign of a scam.

Harassment, stalking and threats

Some catfishing is about control rather than money: fake profiles created to humiliate, monitor or frighten a specific person. That conduct can fall under harassment and stalking laws even when no impersonation statute applies.

At the federal level, 18 U.S.C. § 2261A(2) covers a course of conduct carried out through the internet, social media or other interstate facilities, with intent to kill, injure, harass or intimidate, that places the victim in reasonable fear of death or serious bodily injury or causes, or would reasonably be expected to cause, substantial emotional distress. Penalties are set mainly in 18 U.S.C. § 2261(b).

Every state also has its own harassment and stalking laws. Our guides to online harassment laws and cyberstalking laws explain how they work, and our guide on whether doxxing is illegal covers what happens when a catfish exposes the victim’s private details.

Civil claims: can you sue a catfish?

Prosecutors decide whether to bring criminal charges. Victims can also bring their own civil claims, which depend on state law. The most common are:

Fraud. Intentional misrepresentation generally requires a false statement of fact made knowingly or with disregard for the truth, intent that the victim rely on it, reasonable reliance and resulting harm (Cornell LII, fraud). It is the natural claim when a victim sent money.
Intentional infliction of emotional distress. This requires outrageous conduct, intent or recklessness, and distress severe enough that it could be expected to adversely affect mental health (Cornell LII). Courts set a high bar for what counts as outrageous.
Statutory impersonation claims. California’s Penal Code § 528.5 includes a civil action for compensatory damages and injunctive relief. In Texas, H.B. 783 added Chapter 98C to the Civil Practice and Remedies Code, effective September 1, 2025. It makes a person liable for using someone’s name, voice, signature or likeness in visual material on a social media platform without consent, knowingly and with intent to harm, defraud, intimidate or threaten the injured person, to create a false identity, where the impersonation is virtually indistinguishable from an actual person to a reasonable person. A prevailing claimant recovers actual damages and may recover exemplary damages of not less than $500, a court can grant an injunction, and the prevailing party is awarded costs and reasonable attorney’s fees. An impersonation with a purpose of satire or parody is excluded.

The person whose identity was borrowed may have further claims:

False light. Where a state recognizes it, false light covers publicity that places someone before the public in a false light that would be highly offensive to a reasonable person, made with knowledge of or reckless disregard for its falsity. A fake profile that attributes conduct or views to a real person can raise it. See our guide to false light invasion of privacy.
Right of publicity. California Civil Code § 3344 covers the knowing use of another person’s name, voice, signature, photograph or likeness on products or for advertising or selling without consent, with damages of at least $750 or actual damages if greater, plus profits. New York Civil Rights Law § 51 allows a suit for use of a person’s name, portrait, picture or voice for advertising or trade purposes without written consent. These claims fit best when a stolen face is used to sell something, such as a fake investment pitch. Our right of publicity laws guide explains the rules by state.
Defamation. If the fake profile spreads false statements of fact that damage the real person’s reputation, a defamation claim may apply. See our overview of defamation laws.

The practical obstacle is identification. Catfish are often anonymous, and some operate from abroad. Under 47 U.S.C. § 230(c)(1), platforms are generally not treated as the publisher of content posted by their users, so legal claims are normally brought against the person behind the account. An attorney can tell you whether that person can be identified and pursued where you live.

When your photos are used to catfish others

For executives, founders and public figures, the more common problem is not being catfished but being the face of someone else’s scam. Fake profiles built with their name and photos approach strangers on dating apps, Instagram or LinkedIn, pitch investments or ask for money. When the people who were deceived search the real name, scam warnings and angry posts can end up attached to the person who did nothing wrong.

Each platform has its own impersonation channel:

Facebook. Meta says impersonating profiles and Pages go against its Community Standards and can be reported even if you do not have a Facebook account, through a contact form (Facebook Help Center).
Instagram. If you have an Instagram account, you can report an account pretending to be you from the app. If you do not, Instagram provides a contact form. Instagram says the report is anonymous and the reported account will not see who filed it (Instagram Help Center).
TikTok. Report the profile in the app or on the web: choose Report account, then Impersonation, and say whether the account is pretending to be you or a public figure. TikTok also has online impersonation forms, which ask for a valid ID (TikTok Support).
LinkedIn. Report the profile and select “This person is impersonating someone”. LinkedIn lists a profile that claims to be a public figure or company executive with no verifiable connections as a warning sign, and says the reported member will not learn who filed the report (LinkedIn Help).
X. If an account is posing as you or your brand, you or your authorized representative can file an impersonation report through the Help Center, and an X account is not required (X Help Center).

Fake profiles tend to come back under new usernames, so keep a log of every account you report, with its URL and the date. A short notice on your official channels, saying that you will never ask for money or investments through direct messages, also helps the people being targeted. For the rules each platform applies, see our platform removal policies reference.

How to report catfishing and preserve evidence

Order matters. Evidence comes first, because a profile can disappear once it is reported, and with it the proof you need.

Stop sending money. If you have already paid, the FTC advises contacting the gift card company, wire service or your bank right away and asking for a refund.
Document everything. Take screenshots of the profile, the username, the URL, the messages and any payment requests, with dates visible. Save receipts and transfer records.
Report the profile to the platform. Use the impersonation or fake account option rather than a generic report. The FTC also recommends telling the site or app where you met the person.
Report the fraud to the FTC at ReportFraud.ftc.gov.
File a complaint with the FBI’s IC3. The Internet Crime Complaint Center is the FBI’s central hub for reporting cyber-enabled crime. It cannot guarantee a response to every complaint, it does not work with private firms to recover lost funds, and it will never contact you directly to ask for information or money. Be wary of anyone who promises to recover what you lost for a fee.
Call the police if you are in danger. If someone is threatening you or is in immediate danger, call 911 or your local police.
Talk to an attorney. A lawyer can assess whether a criminal complaint, a civil claim or a court order makes sense, and whether any deadlines apply.

How Media Removal can help

Media Removal is not a law firm and does not give legal advice. We work for executives, public figures, family offices and companies whose name or face is being used to deceive others, alongside your attorney when one is involved.

Finding the fake profiles. We map the accounts, pages and ads that use your name or photos across social networks and search results.
Takedowns through the right channel. We file impersonation reports under each platform’s own rules, including on Instagram and TikTok, and support legal requests where your attorney pursues them. The platform makes the final decision, so we do not promise any particular outcome.
Cleaning up what the scam left behind. When scam warnings or complaints about the fake accounts start ranking for your name, executive reputation management work helps make sure accurate information is what people find first.

For content removal, you are billed only when the URL is verified offline. Every client signs an NDA, and so do we. We answer within one business day. To discuss your situation, request a quote or learn more about our content removal services.

For fake accounts or websites posing as your company or leadership, see our service for impersonation removal for brands and executives.

Frequently asked questions

Can you go to jail for catfishing?

Yes, when the catfishing breaks a specific law. Impersonating a real person online to harm or defraud someone can carry up to one year in county jail in California and is a third degree felony in Texas when it involves creating a profile or posting in another person’s name. Catfishing used to take money can be prosecuted as federal wire fraud, which carries up to 20 years in prison.

Is it illegal to use someone else’s photos on a dating profile?

It can be. Using a real person’s photos and identity without consent to harm, defraud, intimidate or threaten someone is a crime under online impersonation laws in states such as California, Texas and New York. Even when no criminal law applies, the person in the photos may have civil claims, and dating apps and social networks prohibit impersonation under their own rules.

Can I sue the person who catfished me?

Often, yes, if you can identify them. Common claims include fraud when you lost money and intentional infliction of emotional distress when the conduct was outrageous. California and Texas also give impersonation victims a statutory right to sue. The hardest part is usually finding out who is behind the account, so talk to an attorney about your options.

What should I do if a fake profile is using my photos?

Screenshot the profile and save its URL first, then report it through the platform’s impersonation channel. Facebook, Instagram, TikTok, LinkedIn and X all have one, and several accept reports from people who do not have an account. Keep a log of every profile you report, because fake accounts often reappear under new names.

Where should I report a romance scam?

Report the profile to the dating app or social network, report the fraud to the FTC at ReportFraud.ftc.gov and file a complaint with the FBI’s Internet Crime Complaint Center at ic3.gov. If you sent money, contact your bank, wire service or gift card company right away and ask for a refund.

Is lying about yourself online a crime?

Not by itself. Exaggerating your job, age or appearance on a dating profile is generally not illegal. It becomes a legal problem when the lie involves impersonating a real person, is used to obtain money or is part of a campaign to harass or threaten someone.

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