2023-07-01 17:34:29
Says Judge Cesil Méjico Leaño, of the 15th Preparatory Investigation Court of Lima
Whoever impersonates the identity of another person through social networks such as Facebook, Whatsapp, or any other means, that causes material, moral, or economic damage to the victim, is liable to receive a sentence of between three and more than six years in prison. depending on the severity of the offence.
The cases are of various types: the person who pretends to be another to make purchases with the holder’s debit or credit cards, impersonating their identity, generating economic damage.
Also, the person who impersonates to commit scams or soliciting children for the purpose of subjecting them to sexual or other acts.
This was explained by the judge of 15 Preliminary Investigation Court of the Court of Lima, Cesil Martín Méjico Leañowhen addressing the crime of identity theft, sanctioned in the law of computer crimes No. 30096.
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The aforementioned norm states that the aforementioned crime is committed by anyone who, through information or communication technologies, impersonates the identity of a natural or legal person, provided that such conduct results in any damage, material or moral.
In its basic form, México Leaño specified, this is sanctioned with between three to five years of imprisonment and the aggravated modalities with five to six years and six months in jail.
“Those who create a false account in networks to affect the reputation or image of another person would be in the basic modality because they generate moral damage to the owner”the judge stated.
The aggravating circumstances refer to the fact that the crime is perpetrated while being a member of a criminal organization, the agent commits the crime by abusing a special position of access to data or reserved information or knowledge of this information due to the exercise of a position or function, said the magistrate.
Likewise, the agent commits the crime in order to obtain an economic benefit, except in the crimes that provide for said circumstance, or the crime compromises welfare purposes, defense, security and national sovereignty.
“Those who hack or impersonate the identity seeking an economic benefit by asking for money from the affected environment, would be an aggravated modality,” referred.
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