Facebook identity theft argued

PARSIPPANY, N.J., Oct. 26 (UPI) -- A New Jersey woman says the state's law on identity theft doesn't apply to her alleged creation of a Facebook profile in the name of an ex-boyfriend.

Dana Thornton, 41, was indicted last year on one count of fourth-degree identity theft for creating a Facebook page using the name and birthday of her ex-boyfriend, a Parsippany, N.J., police detective, The (Parsippany) Daily Record reported Wednesday.

After her relationship with Detective Michael Lasalandra ended, Thornton allegedly created a Facebook page using his name and birth date and posted photographs of him and comments, written as though Lasalandra was their author, disparaging his lifestyle choices and career.

Defense lawyer Richard M. Roberts has filed a motion to dismiss the indictment in state Superior Court.

New Jersey's statute on identity theft or impersonation does not address Facebook and other social media and electronic devices, the motion said.

Morris County Assistant Prosecutor Peter Foy, in a brief opposing dismissal, said New Jersey law as written definitely applies.

The law states impersonating another or assuming a false identity and acting in such an assumed character to obtain a benefit or to injure or defraud another is a crime, the brief said.

"Certainly it would damage his good name, standing or reputation if false comments and assertions" about Lasalandra were circulated, the prosecutor's office said in its court papers.