The Criminal Metaverse

Virtual worlds are no longer science fiction. New technologies that promise a world lacking physical or mental boundaries are finally becoming a reality. Commonly referred to as the metaverse, this innovative technology opens a world of opportunities for individuals everywhere to experience an almost unlimited virtual dimension where they can play, work, own property, engage in sexual activities, and fulfill their dreams. Unlike previous virtual worlds, the metaverse could be a game-changer as it offers an immersive experience. It feels authentic to the users and will become even more realistic with advancements in haptic technology. With its benefits, the technology also raises the fear of criminal activities. These may include financial or property crimes (e.g., theft or fraud), crimes against the person (e.g., stalking or harassment), and sex crimes (e.g., sexual harassment and potentially even rape), to name but a few examples. Unlike previous virtual worlds and its related scholarship, the metaverse’s immersive capabilities could be disruptive to criminal law: they could lead to atypical offenses that, while lacking physical harm, could activate the nervous system much like a conventional crime. If the mind cannot tell the difference, how should criminal law treat such conduct? In light of such immersion, this Article proposes a taxonomy for metaverse crimes and suggests further scrutiny of the metaverse’s enforcement. Upon defining the criminal metaverse, this Article identifies some conducts as in superposition—whereas their existence and scope are currently undetermined—and offers ways to assess their harm. It then examines enforcement challenges and concludes that much of the rulemaking and enforcement will be in the realm of metaverse platforms, while some must remain under the state's prerogative. Ultimately, enforcement of the criminal metaverse will take on an unprecedented dynamic that has yet to be seen in criminal law.