In August an East Montgomery County employers employee became disgruntled and resigned from his position. . The employee, not happy with the situation decided to seek revenge.
Throughout the day the former employer had been getting strange sexual messages and that night he got a call requesting sexual services. The former employer told the caller there must be a mistake but asked the called where his number was found. The caller informed him that is was found on Craigslist.
That is when the former employer started searching Craigslist and found the ad which he had not placed. The ad stated his name and that he was an East County business owner. It described him including his age and described him as fit. It continued on that he was married and wanted this to stay confidential. It continued to claim he was bi-sexual and was looking for an encounter. The ad stated if the reader called and the employers wife answered to ask for him by name.
That is when the former employer of Ted Douglas Ludwig realizes it was most likely his former employee and texted Ludwig. The former employer stated in his text that he did not appreciate the Craigslist posting and told him he had been receiving texts most of the day. He asked Ludwig to remove it after Ludwig told his former employer his girlfriend had created the ad and denied any involvement.
The former employer then contacted law enforcement officials who confronted Ludwig and was able to secure a confession.
On September 6, 2013 a warrant charging Ludwig with online impersonation, a felony in the third degree.
On September 28, 2013 Deputy Prado with the Montgomery County Precinct 4 Constables Office stopped Ludwig on US 59 south of Creekwood and arrested Ludwig on the charge. In addition he was charged with possession of marijuana. Ludwig, 36, of 5696 Duck Creek Drive remains in the Montgomery County Jail on a total of $8,000 in bonds on online impersonation-name/person create page and possession of marijuana.
The Texas Penal Code addresses the online impersonation charge.
Sec. 33.07. ONLINE IMPERSONATION. (a) A person commits an offense if the person, without obtaining the other person’s consent and with the intent to harm, defraud, intimidate, or threaten any person, uses the name or persona of another person to:
(1) create a web page on a commercial social networking site or other Internet website; or
(2) post or send one or more messages on or through a commercial social networking site or other Internet website, other than on or through an electronic mail program or message board program.
(b) A person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person:
(1) without obtaining the other person’s consent;
(2) with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and
(3) with the intent to harm or defraud any person.
(c) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) is a Class A misdemeanor, except that the offense is a felony of the third degree if the actor commits the offense with the intent to solicit a response by emergency personnel.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
(e) It is a defense to prosecution under this section that the actor is any of the following entities or that the actor’s conduct consisted solely of action taken as an employee of any of the following entities:
(1) a commercial social networking site;
(2) an Internet service provider;
(3) an interactive computer service, as defined by 47 U.S.C. Section 230;
(4) a telecommunications provider, as defined by Section 51.002, Utilities Code; or
(5) a video service provider or cable service provider, as defined by Section 66.002, Utilities Code.
(f) In this section:
(1) “Commercial social networking site” means any business, organization, or other similar entity operating a website that permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real-time communication with other users or the creation of web pages or profiles available to the public or to other users. The term does not include an electronic mail program or a message board program.
(2) “Identifying information” has the meaning assigned by Section 32.51.
Added by Acts 2009, 81st Leg., R.S., Ch. 911, Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 282, Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 282, Sec. 2, eff. September 1, 2011.
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