A case in New Jersey involving a woman who created a fake Facebook profile of her ex-boyfriend that resulted in an indictment for identity theft, could determine what happens in similar cases involving online impersonation elsewhere in the country, including California.

The case involves Dana Thornton, who created a fake Facebook profile in the name of her ex-boyfriend, police Detective Michael Lasalandra. The profile (which has since been taken down) included Lasalandra’s personal information as well as a photograph, and Thornton soon began posting in his name.

Not surprisingly to Los Angeles criminal defense attorneys, the posts were not exactly flattering. Thornton made several disparaging remarks on the profile, which contained unflattering references to his Lasalandra’s career and lifestyle. When Lasalandra became aware that someone had set up a fake profile in his name, he lodged a complaint.

Thornton's lawyer claims that Thornton did not commit identity theft by creating a fake profile on Facebook. According to the lawyer, when anything is posted online, it constitutes free speech. He says that there's nothing in New Jersey's laws that specifically targets the creation of a fake profile on a social media network or other electronic device. However, New Jersey prosecutors in the case did not agree.

As identity theft cases go, this is an unusual case. The usual impersonation cases that Los Angeles criminal defense attorneys come across involve people accused of using another person's ID, for the specific purpose of obtaining benefits, usually financial, to himself or herself.