G.L. c. 266 § 37E[b]

• A person is guilty of identity fraud by posing as another person if the Commonwealth can prove four elements, beyond a reasonable doubt:
  • (1) That the defendant posed as another person;
  • (2) That the defendant did so without that person’s express authorization;
  • (3) That the defendant used that person’s identifying information to obtain or attempt to obtain money, credit, goods, services, some other thing of value, an identification card or other evidence of such person’s identity, to harass another person; and
  • (4) That the defendant did so with the intent to defraud
• Practice Notes
  • The first element requires the Commonwealth to prove that the defendant falsely represented himself or herself, directly or indirectly, as another person or persons
  • The third element requires the Commonwealth to prove that the defendant used another person’s personal identifying information. 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