G.L. c. 266 § 37E[c]

• A person is guilty of identity fraud by obtaining another person’s personal identifying information without authorization if the Commonwealth can prove three elements, beyond a reasonable doubt:
  • (1) That the defendant obtained personal identifying information about another person with the intent to pose as that person or to assist someone else to pose as that person;
  • (2) That the defendant did so without the express authorization of that persons; and
  • (3) That the defendant did so with the specific intent to obtain money, credit, goods, services, something of value, an identification card or other evidence of that person’s identity, or to harass another person
• Practice Notes
  • Personal identifying information includes any name or number that may be used, alone or with any other information, to assume the identity of an individual or to harass an individual
  • Pose has been defined as falsely representing oneself, directly or indirectly, as another person or persons
  • To prove that the defendant intended to harass an individual, the Commonwealth must prove that he or she willfully and maliciously intended to engage in an act directed at a specific person or persons, which would seriously alarm or annoy that person or persons and would cause a reasonable person to suffer substantial emotional distress