Is it illegal to impersonate an attorney?
Full Question:
For the past several weeks my wife and I have been deluged with tons of junk mail -- all travel brochures. I'm fairly sure who is doing this and it's becoming a real torment. In desperation, I wrote to 2 of the convention & tourism bureaus in other states. However I led them to believe I was an attorney and that I needed the I.P. address of the computer where the original email (asking the bureau to send us a travel brochure) was sent. I told them specifically I didn't suspect them of any wrongdoing at all, and that I merely wanted the I.P. address if they could provide it. My worry is, could passing myself off as an attorney get me into big trouble? I wasn't trying to defraud or get money out of anyone -- just trying to track down our tormentor. My wife and I are in our 60's and in poor health.
05/10/2009 |
Category: Courts ยป Attorneys |
State: New Jersey |
#16625
Answer:
Impersonating an attorney may lead to criminal charges or a charge of unauthorized practice of law. The following are NJ statutes:
2C:21-17. Impersonation; Theft of Identity; crime.
a. A person is guilty of an offense if the person:
(1) Impersonates another or assumes a false identity and does an act
in such assumed character or false identity for the purpose of obtaining
a benefit for himself or another or to injure or defraud another;
(2) Pretends to be a representative of some person or organization and
does an act in such pretended capacity for the purpose of obtaining a
benefit for himself or another or to injure or defraud another;
(3) Impersonates another, assumes a false identity or makes a false or
misleading statement regarding the identity of any person, in an oral or
written application for services, for the purpose of obtaining services;
(4) Obtains any personal identifying information pertaining to another
person and uses that information, or assists another person in using the
information, in order to assume the identity of or represent himself as
another person, without that person's authorization and with the purpose
to fraudulently obtain or attempt to obtain a benefit or services, or
avoid the payment of debt or other legal obligation or avoid prosecution
for a crime by using the name of the other person; or
(5) Impersonates another, assumes a false identity or makes a false or
misleading statement, in the course of making an oral or written
application for services, with the purpose of avoiding payment for prior
services. Purpose to avoid payment for prior services may be presumed
upon proof that the person has not made full payment for prior services
and has impersonated another, assumed a false identity or made a false or
misleading statement regarding the identity of any person in the course of
making oral or written application for services.
As used in this section:
"Benefit" means, but is not limited to, any property, any pecuniary
amount, any services, any pecuniary amount sought to be avoided or any
injury or harm perpetrated on another where there is no pecuniary value.
b. (Deleted by amendment, P.L. 2005, c. 224).
c. A person who violates subsection a. of this section is guilty of
a crime as follows:
(1) If the actor obtains a benefit or deprives another of a benefit in
an amount less than $500 and the offense involves the identity of one
victim, the actor shall be guilty of a crime of the fourth degree except
that a second or subsequent conviction for such an offense constitutes a
crime of the third degree; or
(2) If the actor obtains a benefit or deprives another of a benefit in
an amount of at least $500 but less than $75,000, or the offense involves
the identity of at least two but less than five victims, the actor shall
be guilty of a crime of the third degree; or
(3) If the actor obtains a benefit or deprives another of a benefit in
the amount of $75,000 or more, or the offense involves the identity of
five or more victims, the actor shall be guilty of a crime of the second
degree.
d. A violation of N.J.S.2C:28-7, constituting a disorderly persons
offense, section 1 of P.L. 1979, c. 264 (C.2C:33-15), R.S. 33:1-81 or
section 6 of P.L. 1968, c. 313 (C.33:1-81.7) in a case where the person uses the
personal identifying information of another to illegally purchase an
alcoholic beverage or for using the personal identifying information of
another to misrepresent his age for the purpose of obtaining tobacco or
other consumer product denied to persons under 18 years of age shall not
constitute an offense under this section if the actor received only that
benefit or service and did not perpetrate or attempt to perpetrate any
additional injury or fraud on another.
e. The sentencing court shall issue such orders as are necessary to
correct any public record or government document that contains false
information as a result of a theft of identity. The sentencing court may
provide restitution to the victim in accordance with the provisions of
section 4 of P.L. 2002, c. 85 (C.2C:21-17.1).
2C:28-8 Impersonating a public servant or law enforcement
officer.
a. Except as provided in subsection b. of this section, a person
commits a disorderly persons offense if he falsely pretends to
hold a position in the public service with purpose to induce
another to submit to such pretended official authority or
otherwise to act in reliance upon that pretense.
b. A person commits a crime of the fourth degree if he falsely
pretends to hold a position as an officer or member or employee or
agent of any organization or association of law enforcement
officers with purpose to induce another to submit to such
pretended official authority or otherwise to act in reliance upon
that pretense.
