How this Texas law was used to charge a Fort Bend Co. Commissioner candidate with faking social media attacks

HOUSTON – A law that was passed by the Texas Legislature in 2009 has helped play a roll in the arrest of Democrat Taral Patel, who is accused of portraying himself as someone he is not over the internet.

Patel was arrested Wednesday on a third-degree felony charge of online impersonation and a Class-A misdemeanor charge of misrepresentation of identity. The arrest comes weeks after Patel secured the Democratic nomination in the race for Fort Bend County Commissioner of Precinct 3.

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In legal records obtained by KPRC 2 Investigates, authorities say the acts of impersonation were done via an online account allegedly created by Patel under a different persona, where he attacked candidates—including racial attacks on himself—or claimed to work with them. The usage of this account began in October 2022 and lasted through May of this year.

Under Texas Penal Code § 33.07, Patel reportedly committed an offense of harassment through impersonation often classified as a type of “cyberstalking” in other states.

The law specifically makes it a felony to use the name or persona of another person to create a web page or post on a social networking site if the action is taken to harm, threaten, defraud or intimidate the other person.

Under the law, a person is prohibited from sending an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or another item of identifying information belonging to any person:

  • without obtaining the other person’s consent;
  • with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and
  • with the intent to harm or defraud any person.

Patel has yet to release a comment to KPRC 2 Investigates following his arrest, so it is unclear what his position will be with regards to November’s election.

If Patel were to withdraw on his own because of the arrest, Democrats in Fort Bend County would have to focus on a write-in candidate, according to multiple election attorneys we spoke with on Thursday.

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