Is Catfishing Illegal? [All Questions Answered]

Catfishing is a common term used to describe the immoral activity of lying about oneself online. It usually involves creating a fake profile on a dating app or a social media platform and using false information and, in some cases, images of other people to create a persona that most people would find attractive.

People who catfish usually do it for financial gain. They try to lure their victim into a romantic relationship online and then abuse their feelings to get them to send them money. 

Sounds like quite the scam because that’s exactly what it is. But aren’t online scams considered a crime? Well, the answer may not be that simple.

Is Catfishing Illegal in the USA?

The mere act of misrepresenting yourself or lying about yourself online is not considered a crime in the US. However, catfishing can very easily turn into an illegal activity.

There are many reasons why someone would create a fake profile online. 

Some people want to remain anonymous when engaging with social media content. Either because they are public figures, have low self-esteem, or don’t want their friends and family to see their comments – they don’t want the internet to discover their true identity.

While this behavior may be labeled as catfishing, it is certainly not illegal.

Others may want to engage in another immoral online activity, known as trolling. Like catfishing, trolling by itself is not a crime, but can easily turn into one. If the troll continuously harasses or cyber-bullies someone online, legal action can certainly be taken against them. 

On the other hand, there are people who use the internet’s anonymity to engage in other illegal activities. 

When Does Catfishing Turn Into Crime?

Catfishing becomes illegal when people with fake online profiles engage in criminal activities by using their online personas to deceive other users.

The most commonly broken laws by catfishers are identity theft, trademark infringement, different kinds of fraud, and in more dire cases, extortion and sex crimes with minors. These offenses are punishable by law, and catfishers who engage in them can be persecuted.

Let’s go into more detail about some of the most common types of illegal catfishing.

Romance Scams

Faking a romantic relationship for financial gain is undoubtedly the most common type of illegal catfishing in the US. Americans lost $547 million to romance scams in 2021, and this figure only includes the victims that reported the cases. The real number could be much, much higher, as many people are ashamed to admit getting duped.

In romance scams, catfishers use images they find online to set up fake profiles on social media and dating apps. They use pictures and personal information that are generally considered attractive to lure as many victims as possible.

Catfishers can be very dedicated to their scam, so it isn’t unheard of for them to chat with their victims multiple times per day. To win their trust and earn their affection, they would download provocative images of models they find online and send them to their victims. 

Once they believe the victim trusts them enough, they ask them for money. It can be money for a plane ticket so that they can meet, or a hospital emergency for themselves or their family, or any other reason that would make the victim get emotional. 

As soon as the victim sends the money, they delete their profile and stop contact. 

The above scenario illustrates catfishing for a romance scam which is illegal and punishable with hefty fines and prison time. 

Extortion

In other cases, a romance scam can turn into something much uglier. During their fake online relationship, catfishers may try to get their victims to send indecent pictures of themselves, which they keep in case they need to turn to extortion.

When the catfisher decides that it is time to make the move and ask their victim to send them money, the victim may realize they are being scammed and refuse. If the catfish realizes that their scam has been compromised, they will use the explicit material of their victim for blackmail.

They will threaten to upload the pictures and videos online, and even share them with their friends and family, unless they send them money.

In such scenario, the catfisher breaks multiple laws, including extortion, punishable with even harsher sentences.

Catfishing Minors

Finally, in the most horrible circumstances, catfishers use fake online personas of young people for predatory and grooming purposes. Using a profile with pictures of a minor, these catfishers engage in communication with other underaged users and try to establish a romantic relationship with them.

As online predators statistics reveal, predatory catfishers are rarely motivated by financial gain. They use the online persona to engage in sexual activities with an underaged person, asking them for indecent photos or even trying to get them to meet privately.

It goes without saying that catfishing for grooming or predatory purposes is illegal and punished with the harshest penalties, including prison time and sexual offender registry requirements.

Legal Problems With Catfishers

Just like lying in real life, lying online is immoral but not illegal. People can lie without legal consequences until their lies become significant enough to be treated as fraud.

However, in some cases, this may turn out to be too late. Many victims of catfishing don’t realize they have been catfished until they have already lost money, or shared private information with their catfisher.

Tracking down an internet user the victim knows nothing about can be very difficult, even when the authorities are involved. Catfishers use a variety of tricks to hide their digital footprint and not leave a trace after deleting their profiles. 

What’s more, catfishers use the internet to scam users from a different country, and when jurisdiction gets in the way, persecuting them becomes even more complicated.

The Internet is a dangerous place. Based on the latest internet safety statistics, despite numerous regulations and legislations, some people will always be up to no good online. The best way users can protect themselves from catfishing or other fraudsters is to recognize them as quickly as possible and avoid contact with them.

How to Recognize Catfishing

Spotting a catfisher is easier said than done. These people are manipulative and know just what to say to convince you they are sincere. Additionally, they pose as very attractive people, so their victims get lost in the excitement and stop thinking rationally. 

That being said, here are a few signs that may indicate you are communicating with a catfisher:

  • A low number of friends and interactions If the person you’re talking to doesn’t exist, they won’t have many friends, and no one will engage with them on social media.
  • Their life story sounds like a movie – Either too dramatic to make you feel sorry for them, or just too perfect, to make you even more attracted to them.
  • They never show their face – Apart from the images on their profile, they always have excuses, like their camera is broken, or they are shy, and never engage in a video call.
  • They instantly get romantic – While flattery and sexual attention may make you feel good, ask yourself why someone who has never met you talks to you in this manner.
  • They never want to meet up – But they always have a good excuse for why they can’t meet up and cancel at the last minute.

Of course, there is no foolproof way to prove someone is catfishing you until they actually ask you to send them indecent images or money, and you should use your best judgment to decide whether or not this is the case.

How to Avoid Getting Catfished

If you recognize some of the signs but believe they are circumstantial and the person you are talking to is real, you should still proceed with caution. You can spend some more time chatting with them before you decide to write them off, or really get invested in your relationship.

Here’s how you can maintain a relationship with a potential catfish without getting duped:

  • Be careful what you share with them – While they know some of your basic personal information shared on your profile, you don’t have to share much more.
  • Ask them questions – If they say they are from New York, ask them questions a New Yorker would know how to answer correctly.
  • Do a reverse search on their images – Sometimes, you may be able to find the profile that picture actually belongs to and confirm they are catfishing.
  • Don’t send indecent images – Even if it seems like they do, they may just be downloading them from the internet.
  • Don’t send them money  – If you are feeling generous, donate some money to charity, or support your favorite content creator, but never send a dime to random strangers you meet online.

Finally, try to keep the privacy settings on all of your online profiles as private, and as secure as the platform allows. This way, catfishers will avoid you and target more vulnerable users instead.

The Bottom

According to most definitions, the mere act of creating a fake online profile does not qualify as catfishing. Catfishing refers to the act of using a fake profile to engage with other users and deceive them, and as such, both of these activities are not illegal since lying in the real world is not illegal as well.

However, if the catfisher uses deceit to extract money from their victims, threatens to hurt their reputation, engages in sexual communication with a minor, or commits other crimes punishable by law in the real world, then that’s illegal catfishing.