Last Updated on September 13, 2024
The internet is often filled with hate speech and trash-talking. Most of these behaviors are covered by the First Amendment; however, the California legislature has taken steps to balance the public’s right to free speech with their right to privacy and safety. As a result, activities such as hacking and swatting are against the law. Similarly, sharing someone’s personal information so a third party can harass or harm that person, known as doxing or doxxing, is also illegal in California. If you’ve been accused of illegally sharing someone’s personal information or harassing someone online, call a cyber crime attorney as soon as possible.
California’s Anti-Doxing Law
While our state has many laws that cover the act of doxing, the most frequently charged offense is known as “electronic cyber harassment,” which is detailed under California Penal Code 653.2 (PC). Under this law, it is a crime to share an individual’s private data to encourage someone else to harass or stalk them. Examples of personal information include:
- full name
- address
- phone number
- social security number
- email address
- workplace details
- financial records
- family information
- other personal information
While often performed as a form of harassment, 653.2 (PC) differs from online stalking, charged under 646.9 (PC), because instead of harassing or stalking the person themselves, the defendant expects someone else to do the stalking or harassing.
Elements of Electronic Cyber Harassment
For the prosecution to prove someone guilty of this crime, they must be able to show the defendant:
- shared the personal information of someone else
- without their consent
- with the intent to cause that person to reasonably fear for their safety or the safety of their family
- for the purpose of causing them unwanted physical contact, injury, or harassment
- knew the information would likely result in someone following through with the unwanted physical contact, injury, or harassment
No actual harassment must occur for the defendant to be found guilty. Instead, the intent of the person who posted the material is what matters.
An Example of Criminal Doxing
For example, suppose an advocate for childhood vaccinations posted the name and address of a prominent anti-vaccine advocate on a message board for vaccine supporters along with a message requesting someone would “teach her a lesson for risking children’s safety.” In this situation, the advocate would likely be found guilty.
On the other hand, if the advocate instead went on Facebook and posted the mailing address and phone number of a politician who anti-vaccine advocates were lobbying, writing “let’s remind her that anti-vaxxers are in the minority,” they would not be guilty. Instead, the individual would be exercising their First Amendment right to free speech.
Is Doxing a Felony?
No. California’s electronic cyber harassment law is a misdemeanor, punishable by up to one year in jail, probation, and $1,000 in fines. In addition to criminal penalties, those accused of doxing someone can also be sued in civil court and be required to reimburse the victim for any emotional or physical harm resulting from the information they shared, as well as for expenses they encountered while trying to keep themselves, their family, or their property safe. Civil courts may also impose punitive damages to punish someone who doxes another individual.
Additionally, you can also face federal charges under § 2261A.
Related Criminal Charges
Aside from cyberstalking allegations filed under 646.9 (PC), those accused of this crime will likely face other criminal charges. Common offenses filed alongside electronic cyber harassment charges include:
- making criminal threats
- revenge porn
- making harassing phone calls
- violating restraining orders
- sending harmful matter to a minor
With so many possible criminal charges at play, those accused of doxing must contact a criminal attorney as soon as possible to help protect their rights and fight them.
Fighting Doxing Charges in California
Fortunately, you can fight doxing allegations. Defenses may include arguing:
- there is insufficient proof that you were the one who posted the information
- you did not intend for the person to be harassed or threatened
- the alleged victim agreed to your sharing their information
- you did not reasonably expect anyone to act on the information you posted
- the statute of limitations has expired
Not all defenses apply in all situations. In many cases, attempting to defend yourself from police accusations could hurt your case. Never speak with the police without a defense lawyer present.
In some situations, there will be too much evidence against you to fight the allegations successfully, and your best option will be to have your attorney negotiate a plea bargain to minimize the charges or sentencing you may face.
If you have been accused of posting someone’s personal information on the internet in a doxing attempt, please call (760) 643-4050 to schedule a free initial consultation with Peter M. Liss. His office offers free parking and is located directly across the street from the Vista courthouse and jail.
