Identity Theft: 2026 Guide (Social Media and ID Documents)

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.