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What is Doxxing — and is it Illegal in Texas?

Ben Michael

  • Doxxing is a form of online harassment
  • It involves posting private information about people on a public website without their consent
  • Most social media platforms are used for doxxing

When someone’s private or personal information (or even a racy photo or text) is published on a public website with malicious intent, they’ve been “doxxed.” It’s a form of cyberbullying.

Doxxing has surged in popularity as social media platforms have made it easy for our private information to quickly become public. 

Most forms of doxxing are illegal in Texas. Whether you’ve been accused of doxxing or are worried that you could become a victim, here’s what you need to know. 

What Is Doxxing?

Doxxing refers to the act of intentionally revealing or publishing private information about someone, typically with malicious intent. This information can include details as basic as someone’s full name, home address, phone number, or email address to confidential information including a Social Security number or financial documents.

Sometimes spelled “doxing,” the term is derived from the phrase “dropping docs” (short for documents).

Doxxing can be used for harassment, revenge, intimidation, or activism.

The intent is to exert control over someone by exposing their personal information.

Is Doxxing Illegal in Texas?

Doxxing became illegal in Texas when House Bill 611 became law on Sept. 1, 2023. 

Section 42.074 of the Texas Penal Code states that:

(a) A person commits an offense if the person posts on a publicly accessible website the residence address or telephone number of an individual with the intent to cause harm or a threat of harm to the individual or a member of the individual’s family or household.

Doxxing is a serious criminal allegation that can fall under harassment laws, laws against revenge porn, and potentially other criminal statutes, because it often has severe consequences for the victim.

This includes threats to their safety, identity theft, stalking, harassment, or even career damage.

If the case escalates and physical harm is inflicted on the victim or the victim’s family or household, it could lead to more serious charges.

Doxxing happens through many different types of online communication, including almost all social media platforms, and most have shown little interest in taking action to curtail it. 

Reddit has rules against doxxing, but its track record when it comes to removing illegal content is questionable. It relies on user reports and community moderators to self-govern. 

And while the oversight board of Meta, which owns Instagram and Facebook, has recommended tightening policies to prevent doxxing, the company currently allows users to post “publicly available” information about individuals.

This can become problematic because more and more of our private information is becoming accessible to the public.

Sources of “publicly available” information can include:

  • Voter registration rolls
  • Court records
  • Property records
  • Obituaries 
  • Wedding announcements
  • Unprotected wi-fi networks
  • Blogs with public commenting
  • Discussion boards
  • Internet forums

Examples of Doxxing

Though some incidences of doxxing are easy to recognize, there are a few examples that may not be quite as obvious. 

For example, doxxing can include:

  • Publishing information about a person’s family or job
  • Calling 911 to report a false emergency at someone’s home or office (known as swatting)
  • Encouraging people to use the released information to harass someone

In one notable example, Texas Attorney General Ken Paxton said he and his wife, Texas Sen. Angela Paxton, were “swatted” when police officers and firemen were sent to his home in McKinney after a caller submitted a false 911 report about a life-threatening situation.

Charges and Penalties for Doxxing in Texas

Most doxxing cases are Class B misdemeanors with penalties such as fines, community service, probation, or up to a year in jail. But charges will be upgraded to a Class A misdemeanor if it results in an injury. Examples include:

  • Sharing someone’s address or phone number without permission
  • Harassment
  • Cyberbullying (can be a felony if serious)
  • Revenge porn (first offense)
  • Swatting

Three types of doxxing are felonies:

  • Stalking: Penalties depend on the fear caused and injuries to the victim
  • Targeting police officers or judges: Threatening them is considered a hate crime
  • Swatting: This becomes a felony if someone is injured during the police response

Federal Charges and Penalties

There’s no federal law that specifically addresses doxxing, but it’s a federal crime to share “restricted personal information” of certain people to intimidate, threaten, or cause violence. This includes:

  • Elected officials, military members, or government employees
  • Federal court officers, jurors, and witnesses
  • Informants or witnesses in federal investigations
  • Local or state workers involved in federal investigations

The penalty can be a fine and up to five years in prison.

Doxxing Statistics

Doxxing can lead to financial loss, damage to reputations, and physical safety risks. According to safehome.org:

  • 4% of Americans (11 million people) have been doxxed
  • Half had their home addresses or emails shared
  • 25% had their photos or videos shared
  • 20% had personal information about their families shared
  • Over 90% of internet users are concerned about doxxing

What to Do if You’re Accused of Doxxing

Being accused of doxxing is serious and could lead to criminal charges or civil damages. Here’s what to do:

  • Contact a lawyer for advice and defense.
  • Don’t make statements on social media or to law enforcement.
  • Keep records of any relevant communications or posts.

If you’re accused of doxxing, contact a lawyer for a free consultation. Possible defenses include:

  • Lack of proof that you posted the information
  • Consent to share the information
  • No intent to harm
  • Violation of your civil rights

Remember, you’re innocent unless proven guilty, but take immediate action to protect yourself.

Ben Michael

Ben has vast experience in defending criminal cases ranging from DWIs to assault, drug possession, and many more. He has countless criminal charges dismissed and pled down. Among many other awards, one of the Top 10 Criminal Defense Attorneys in Texas and winner of Top 40 under 40.

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