Identity Theft: 2026 Guide (Social Media and ID Documents)
In this article
Key Takeaways
- Penalty 6 months-3 years
- Fake profiles
- Phishing and ID documents
- Urgent deletion
Not every fake profile is a crime. For usurpation of civil status to exist (Art. 401 CP, imprisonment of six months to three years), the Supreme Court requires a complete and continued impersonation: acting as if you were the victim in every respect, not merely using their name occasionally. Where someone else's ID document is used to take out loans or make purchases, fraud and document forgery also concur. And accessing another person's real account without authorisation is not usurpation but discovery and disclosure of secrets (Art. 197 CP), carrying a penalty of one to four years.
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Identity theft on the internet has soared. The Criminal Code, in Article 401, punishes anyone who "usurps the civil status of another". But when exactly is it an offence? As lawyers experienced in cybercrime, we explain the difference between a simple prank and an offence carrying prison. Our lawyers experienced in identity theft in Madrid can help you with this type of situation.
Fake Profiles on Social Media
Not every fake profile is an offence. For there to be usurpation of civil status (penalties of 6 months to 3 years), the Supreme Court requires a complete and continued impersonation. That is, acting as if you were the victim in all respects (talking to their friends, posting their photos, taking out services), not merely using their name on a one-off basis.
Identity Theft and Fraud (Instant Loans)
More serious is when the offender uses a stolen ID document, or a photo of one, to take out instant loans, phone lines or to make online purchases. Here, in addition to the usurpation, offences of fraud and document forgery concur, raising the penalties considerably.
The Difference from Account Hacking
It is vital to distinguish usurpation (creating a new profile pretending to be someone else) from account hacking (accessing the victim's real profile). Unauthorised access to another person's accounts constitutes an offence of discovery and disclosure of secrets (Art. 197 CP), punished with penalties of 1 to 4 years in prison, regardless of whether the identity is then usurped or not.
How to Remove a Fake Profile?
Reporting it to the social network itself is usually slow. The criminal route allows you to request, as an urgent precautionary measure, that the judge order the platform (Meta, TikTok, X) to delete the profile immediately and trace the perpetrator's IP.
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Frequently asked questions
Is creating a fake social media profile of someone always a crime in Spain?
Not necessarily — the Supreme Court requires a complete and continued impersonation, acting as the victim in every respect (talking to their friends, posting their photos, taking out services in their name), for usurpation of civil status (Art. 401 CP) to apply; occasional or one-off use of someone's name is not enough.
What penalty does usurpation of civil status carry?
6 months to 3 years in prison where the impersonation meets the threshold of a complete and continued usurpation.
Is using someone else's ID document to take out a loan worse than a fake profile?
Yes — using a stolen ID document or its image to take out instant loans, phone lines or make online purchases adds offences of fraud and document forgery on top of usurpation, considerably raising the potential penalties.
What's the legal difference between a fake profile and hacking someone's real account?
Usurpation involves creating a new profile pretending to be someone else, while accessing the victim's actual account without authorisation is a different offence — discovery and disclosure of secrets (Art. 197 CP) — carrying 1 to 4 years in prison regardless of whether the identity is then used to impersonate the victim.
How can I get a fake profile removed quickly?
Reporting to the platform itself is often slow; the criminal route allows a request for an urgent precautionary measure ordering the platform to delete the profile immediately and to assist in tracing the perpetrator's IP address.
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