Doxxing in Texas
Personal information can spread online in an instant, often without our knowledge or consent. While some data sharing is harmless, there are times when this exposure is deliberate and harmful—this is known as doxxing. What started as an obscure term from hacker circles has become a serious privacy threat, affecting everyday people, public figures, and businesses alike.
Texas has taken steps to address the dangers of doxxing with specific laws designed to curb the misuse of personal information. But what do these laws entail, and what can you do if you’ve been targeted or accused of doxxing? This guide will walk you through the key points, so you’re informed and prepared.
What is Doxxing?
Doxxing (sometimes spelled “doxing”) refers to the act of publicly sharing private or personal information about an individual without their consent. This personal details can include:
- Home addresses
- Phone numbers
- Email addresses
- Employment details
- Financial records
- Social Security numbers
The purpose of doxxing is often malicious, aimed at intimidation, harassment, or exposing someone to unwanted attention or danger.
A Brief History of Doxxing
The word “doxxing” was first used in the 1990s within hacker circles and comes from “dox,” short for “documents.” At first, it was a tactic for online disputes, where hackers would reveal their opponents’ identities. Over time, this practice spread beyond niche communities and became a common method for online harassment.
With the growth of social media, public databases, and digital footprints, doxxing has become more widespread and easier to carry out. In response, states like Texas have introduced laws aimed at curbing the harmful exposure of private information.
Texas Law on Doxxing
Texas treats privacy breaches seriously, and its recent laws directly address doxxing. The main regulation covering doxxing is found in Texas Penal Code Section 33.07, also known as the Online Impersonation Law. This law was enacted in 2011 and has since been updated to address modern types of online harassment.
Texas Penal Code Section 33.07:
(a) A person commits an offense if the person, without obtaining the other person’s consent and with the intent to harm, defraud, intimidate, or threaten any person, uses the name or persona of another person to:
(1) create a web page on a commercial social networking site or other Internet website; or
(2) post or send one or more messages on or through a commercial social networking site or other Internet website, other than on or through an electronic mail program or message board program.
(b) A person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person:
(1) without obtaining the other person’s consent;
(2) with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and
(3) with the intent to harm or defraud any person.
Penalties of Doxxing in Texas
- Breaking this law is considered a Class A misdemeanor, which can result in up to a year in jail and/or a fine of up to $4,000.
- If the purpose is to commit a felony or if the actions lead to serious consequences, the offense may be upgraded to a third-degree felony, carrying 2 to 10 years in prison and a fine of up to $10,000.
Additionally, under Texas Civil Practice and Remedies Code Section 143.001, victims of doxxing have the right to file civil lawsuits to seek compensation for damages caused by the incident.
Defenses Against Doxxing Charges in Texas
For those accused of doxxing, there are several potential legal defenses:
- Lack of Malicious Intent: The prosecution must prove that the accused acted with the intent to harass, intimidate, or harm.
- Public Information: If the information shared was already publicly available (e.g., public records), it may not constitute illegal doxxing.
- Mistaken Identity: Cybercrimes often involve mistaken identities or false accusations.
Arrested? Don’t Plea, Call Me!
Doxxing remains a serious issue in today’s interconnected world, posing risks to privacy, safety, and well-being. Texas has laws against doxxing, but navigating them can be challenging, especially for those accused. Understanding your legal rights and obligations is crucial.
If you or someone you know has been affected by doxxing, it’s important to seek experienced legal support. The legal process can be overwhelming, but you don’t have to face it alone. Contact Texas Criminal Defense Group today for a confidential consultation. Our dedicated team is well-versed in privacy laws and cybercrime defense.