updated 11/2/2011 3:46:01 PM ET 2011-11-02T19:46:01

A case of breaking up in the Internet age will move forward in a New Jersey courtroom.

A judge in Morristown declined Wednesday to dismiss the case against a woman accused of creating a fake Facebook profile about her ex-boyfriend.

The Morris County Prosecutor's Office indicted Dana Thornton last year on one count of fourth-degree identity theft, a crime punishable by a maximum of 18 months in jail. Attorney Richard Roberts had argued the law — as it exists — doesn't apply to electronic communications.

Prosecutors say the law should apply because the victim's reputation was damaged.

The 41-year-old accused woman is a police detective in Parsippany.

The New Jersey Senate is considering an amendment that would include Internet impersonation.

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