Is catfishing illegal? What the laws in the US, UK and Australia actually say
None of the US, UK or Australian laws covered here creates a crime called catfishing, and a fake profile is not automatically an offence. It becomes one when it fits a specific law, such as impersonating a real person to harm or defraud someone, taking money by deception, sending threats, or grooming a child. This is general information, not legal advice.
FaceSearch editorial team · Published
Key points
- No statute covered here names catfishing. The question is whether the conduct fits an impersonation, fraud, threat or child-protection law.
- California, Texas and New York make online impersonation a crime, but each requires pretending to be another person plus an intent such as to harm, defraud or threaten.
- Once money is taken by deception, fraud law applies: federal wire fraud in the US, the Fraud Act 2006 in England, Wales and Northern Ireland, and state offences such as fraud under the NSW Crimes Act in Australia.
- If money has gone, call your bank first, then report it: IC3 or ReportFraud.ftc.gov in the US, Report Fraud in the UK, Scamwatch in Australia.
- If there are threats or sextortion, or a child is involved, go to the police or the child-protection agency rather than handling it alone, and do not pay a blackmailer.
- Save screenshots of the profile, messages and payments. A face search can show whether the photos also appear on public pages under another name.
Is there a law that makes catfishing a crime?
No law covered in this post creates an offence called catfishing, so catfishing by itself is usually not a crime. Australia's eSafety Commissioner describes it as setting up “a fake online identity” and using it “to trick and control others”, adding that “often they do it to scam people out of money, blackmail them or harm them in some other way” (eSafety: Catfishing). Those purposes are where the law comes in. The law looks at the conduct, not the label, so four questions decide most cases.
- Whose identity was used: a real, identifiable person, or one invented from scratch?
- What the person intended: to harm, threaten, defraud or gain something, or only to be liked?
- Whether money or property changed hands, or was meant to.
- Whether a child, threats or intimate images were involved.
Which US states make online impersonation a crime?
California, Texas and New York all have online impersonation laws, and each sets a different test. All three target pretending to be another person, and none of them punishes a lie on its own: each needs a particular intent. Other states' laws differ, so read your own state's code or ask a lawyer there.
- California Penal Code section 528.5 covers anyone who “knowingly and without consent credibly impersonates another actual person” online “for purposes of harming, intimidating, threatening, or defrauding another person”. Opening a social media profile in another person's name counts. It carries up to a year in county jail, a fine, or both, and a victim who suffers damage or loss can sue. California Penal Code 528.5
- Texas Penal Code section 33.07 makes it a third-degree felony to use “the name or persona of another person” to create a web page or post messages on a social networking site or other website, without consent and “with the intent to harm, defraud, intimidate, or threaten any person”. Texas Penal Code chapter 33
- New York Penal Law section 190.25 makes it criminal impersonation in the second degree, a class A misdemeanor, to impersonate another “by communication by internet website or electronic means with intent to obtain a benefit or injure or defraud another”. New York Penal Law 190.25
Does a made-up persona count as impersonation?
A persona invented from scratch often falls outside these laws, because they are written about pretending to be another, real person. California's requires impersonating “another actual person”, and Texas's refers to “the name or persona of another person”, so a profile with an invented name and an invented life may not fit either, however hurtful it is. The common case sits in between: a made-up name over a real stranger's photos. Whether borrowing someone's face without their name is impersonating them is something these texts do not answer directly, and it is a question for a prosecutor or a lawyer in that state. If the photos are yours, eSafety's advice is to take screenshots of the fake profile as evidence and report it through the platform.
When does catfishing become federal wire fraud?
Catfishing can become wire fraud when the fake identity is part of a scheme to get money or property and the scheme uses interstate or international communications. The federal statute, 18 U.S.C. 1343, covers anyone who devises “any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises” and transmits “writings, signs, signals, pictures, or sounds” by wire, radio or television “in interstate or foreign commerce” to carry it out. The maximum is generally 20 years in prison, or 30 where the fraud affects a financial institution or disaster benefits. The text says nothing about romance; the scheme and the means are what count. A catfish who asks for money for a plane ticket, medical bills or a crypto investment, the stories the FTC lists as typical of romance scams, can be in different legal territory from one who only lies about their age or looks. Whether to charge is for federal prosecutors.
Can you sue someone for catfishing?
Sometimes, but a lawsuit needs a legal claim that fits the facts and a person you can name, and hurt feelings alone are rarely enough. Three routes come up, described here only in general terms. The rules differ from state to state, so a local lawyer is the one to say whether a claim is worth bringing.
- Fraud. In a civil case this usually means intentional misrepresentation: a false statement of fact, made knowing it is false or recklessly, meant to be relied on, reasonably relied on, and causing harm, as Cornell's Legal Information Institute summarises it. Wex: fraud
- Intentional infliction of emotional distress. The conduct must be outrageous, done purposely or recklessly, and cause distress “so severe that it could be expected to adversely affect mental health”. Jurisdictions define it differently. Wex: intentional infliction of emotional distress
- A statute's own civil remedy. California's section 528.5 lets a person who “suffers damage or loss” from an online impersonation sue for compensatory damages and an injunction.
What does UK law say about catfishing?
No UK statute covered here creates a catfishing offence, but in England, Wales and Northern Ireland two Acts reach its harmful versions. legislation.gov.uk marks each section below as extending to England, Wales and Northern Ireland, so these sections do not cover Scotland.
- Fraud by false representation, Fraud Act 2006 section 2: dishonestly making a false representation, knowing it is or might be untrue or misleading, intending to make a gain or cause a loss. The representation can be implied, and gain and loss mean money or other property (section 5). The text requires the intent, not a completed loss. The maximum on indictment is 10 years (section 1).
- False communications, Online Safety Act 2023 section 179, in force since 31 January 2024: sending a message conveying information the sender knows to be false, intending it to cause “non-trivial psychological or physical harm to a likely audience”, without reasonable excuse. It is a summary offence, punishable by a short prison term, a fine or both.
- Threatening communications, section 181: sending a threat of death or serious harm, which includes serious injury, rape and serious financial loss, intending the recipient to fear it will be carried out or reckless about that. Up to five years on indictment.
What does Australian law say about catfishing?
None of the Australian laws covered here creates a catfishing offence either. eSafety's guidance focuses on spotting a catfish and reporting one, while the criminal law reaches the conduct through communications, child-protection and fraud offences. The Commonwealth sections below are from the Criminal Code as compiled on 30 June 2026.
- Section 474.17: using a carriage service, such as a phone or internet service, in a way that “reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive”. Up to 5 years.
- Sections 474.26 and 474.27: an adult using a carriage service to procure, or to “groom”, someone who is, or who they believe to be, under 16 for sexual activity. Up to 15 years.
- State criminal law covers fraud. In New South Wales, for example, Crimes Act 1900 section 192E covers anyone who “by any deception, dishonestly” obtains property or a financial advantage. Up to 10 years.
How do these laws compare?
This table sets the laws above side by side, as published on the official sites in October 2026. It leaves out defences, exceptions and sentencing detail, so read the linked text before relying on any row, and remember that laws are amended.
| Jurisdiction | Law | What it covers | Intent or condition | Maximum penalty |
|---|---|---|---|---|
| California | Penal Code §528.5 | Credibly impersonating another actual person online, without consent | To harm, intimidate, threaten or defraud | 1 year in county jail, a fine, or both; victims can also sue |
| Texas | Penal Code §33.07(a) | Using another person's name or persona to create a web page or post messages on a social networking site or other website | No consent, and intent to harm, defraud, intimidate or threaten | Third-degree felony |
| New York | Penal Law §190.25(4) | Impersonating another by internet website or electronic means | To obtain a benefit, or to injure or defraud | Class A misdemeanor |
| United States (federal) | 18 U.S.C. §1343, wire fraud | A scheme to defraud, or to obtain money or property by false pretenses, using interstate or foreign wire communication | A transmission made to carry out the scheme | 20 years; 30 in some cases |
| England, Wales, Northern Ireland | Fraud Act 2006 s.2 | Dishonest false representation, express or implied | Intent to make a gain or cause a loss of money or property | 10 years |
| England, Wales, Northern Ireland | Online Safety Act 2023 s.179 | Sending a message with information the sender knows is false | Intent to cause non-trivial psychological or physical harm; no reasonable excuse | Summary only: short prison term, fine, or both |
| England, Wales, Northern Ireland | Online Safety Act 2023 s.181 | Sending a threat of death or serious harm, including serious financial loss | Intending the recipient to fear it, or reckless about that | 5 years |
| Australia (Commonwealth) | Criminal Code s.474.17 | Using a carriage service in a menacing, harassing or offensive way | Judged by what reasonable persons would think | 5 years |
| Australia (Commonwealth) | Criminal Code ss.474.26 and 474.27 | An adult procuring or grooming someone under 16, or believed to be, for sexual activity | Intent to procure, or to make procuring easier | 15 years |
| New South Wales | Crimes Act 1900 s.192E | Obtaining property or a financial advantage by deception | Dishonesty | 10 years |
When should you report catfishing, and to whom?
Report it when money has been taken or asked for, when there are threats or blackmail, or when a child is involved; those are the situations the laws above are built for. First save screenshots of the profile, the messages and any payment records, as eSafety advises, then report the account to the platform and to the right agency below.
- Money sent: contact your bank or the payment company right away and ask them to stop or refund the payment, as both the FTC and Scamwatch advise.
- United States: report to the FBI's Internet Crime Complaint Center at ic3.gov and to the FTC at ReportFraud.ftc.gov. If you or someone else is in immediate danger, IC3 says to call 911 or your local police.
- Children in the US: IC3 says crimes against children should be reported to the National Center for Missing and Exploited Children.
- United Kingdom: report fraud and cyber crime to Report Fraud at reportfraud.police.uk or 0300 123 2040. City of London Police launched it on 4 December 2025 to replace Action Fraud (GOV.UK).
- Australia: if you are under 18 and being blackmailed, eSafety says to report it to the ACCCE at accce.gov.au. Adults report to the platform first, and to eSafety if an intimate image is shared or the platform does not help. For money lost, Scamwatch points to IDCARE on 1800 595 160 and takes scam reports.
- Sextortion: eSafety's advice is not to pay the blackmailer or send more money or intimate content, and to report it and get help.
Save the evidence
Take screenshots of the profile, the messages and any payment records, as eSafety advises.
Call your bank
If money has gone, contact your bank or the payment company straight away and ask them to stop or refund it.
Report the account
Report the profile on the platform where you met.
Report to the authorities
IC3 or ReportFraud.ftc.gov in the US, Report Fraud in the UK, Scamwatch in Australia.
Get urgent help for threats or children
Go to the police, to NCMEC in the US or the ACCCE in Australia, and do not pay a blackmailer.
Can a face search help?
Yes, for one part of the problem: showing whether the photos on a profile belong to someone else. eSafety and the FTC both suggest a reverse image search of a profile picture to see whether it turns up under a different name. FaceSearch compares the face in a photo against images on the public web, so it can show the same face on public pages under other names, which is useful evidence for a report to a platform or the police. Run a face search with the clearest photo you have. FaceSearch cannot see inside dating apps, private accounts or messages, and an empty result does not prove a profile is genuine. It does not tell you who is behind an account, and it cannot decide whether a law was broken. For the rules on using face search itself, see Is face search legal?
Sources
- California Code, PEN 528.5, California Legislative Information
- Penal Code Chapter 33. Computer Crimes, Texas Constitution and Statutes (Texas Legislature)
- Section 190.25 Criminal impersonation in the second degree, New York State Senate
- 18 U.S.C. 1343 - Fraud by wire, radio, or television, U.S. Government Publishing Office
- What To Know About Romance Scams, Federal Trade Commission
- Home Page - Internet Crime Complaint Center (IC3), Federal Bureau of Investigation
- Fraud (Wex legal dictionary), Legal Information Institute, Cornell Law School
- Intentional infliction of emotional distress (Wex legal dictionary), Legal Information Institute, Cornell Law School
- Fraud Act 2006, section 1: Fraud, legislation.gov.uk
- Fraud Act 2006, section 2: Fraud by false representation, legislation.gov.uk
- Fraud Act 2006, section 5: “Gain” and “loss”, legislation.gov.uk
- Online Safety Act 2023, section 179: False communications offence, legislation.gov.uk
- Online Safety Act 2023, section 181: Threatening communications offence, legislation.gov.uk
- Report Fraud: New service from City of London Police, Serious Fraud Office (GOV.UK)
- Catfishing, eSafety Commissioner
- Criminal Code Act 1995, Federal Register of Legislation
- Crimes Act 1900 No 40, NSW Legislation
- Relationship scams, Scamwatch
How this article was made
An AI model drafted this article from the sources listed above, following our editorial procedure. A member of the FaceSearch team checked it against those sources and approved it before it was published. Editorial policy