FACT OR FICTION: Doxing Someone Can Get You Arrested. - Los Angeles, CA - The Rodriguez Law Group (2024)

Los Angeles > Criminal Defense Blog > FACT OR FICTION: Doxing Someone Can Get You Arrested.

by Ambrosio Rodriguez | Mar 14, 2022 | Criminal Defense

FACT OR FICTION: Doxing Someone Can Get You Arrested. - Los Angeles, CA - The Rodriguez Law Group (1)

Many people may not be familiar with the word “doxing.” However, they are familiar with cyberstalking. Cyberstalking may involve doxing.

Doxing is using the internet to gather your personally identifiable information (PII). Examples of sensitive information include, but is not limited to:

  • Full name
  • Social security number
  • Contact information, including street address, telephone numbers, e-mail addresses, etc.
  • Workplace details
  • Financial information
  • Family members

The party publishes the information online for malicious purposes. Companies and government entities could be victims of doxing when individuals or groups steal and publish their sensitive information.

Many internet sources contain sensitive and personal information. For example, a party may search social media sites for posts, comments, and tags. In addition, they may “friend” a person to get information.

Other sources of personal information include, but are not limited to:

  • Voter registration roles
  • Court and property records
  • Public conferences
  • Obituaries
  • Wedding and engagement announcements
  • Newsletters
  • Unprotected networks
  • Blogs and discussion boards
  • Web forums

Your personal information may appear on numerous sites you might not even consider. Any website you use could be a resource for doxxers (people who publish personal information online). Doxxers may publish information online for profit, or they may seek revenge against the person they are stalking.

What is Considered Malicious Online Activity in California?

Malicious activity or doxing may take many forms. It includes, but might not be limited to:

  • Trolling
  • Cyberstalking
  • Cyberbullying
  • Criminal threats
  • Cyber harassment
  • Revenge p*rn

Most of the comments we publish online are protected by the First Amendment, even when those comments are mean-spirited or intended to hurt someone’s feelings. However, you can face criminal penalties if there is evidence you intended to cause harm to the victim.

California’s Laws Against Doxing

Cyberstalking is a direct form of cyber harassment. It is a direct action against a person. Doxing is an indirect form of harassment. California prosecutes doxing under its electronic cyber-harassment statute (Penal Code §653.2).

Cyber harassment refers to harassment that takes place online. Indirect cyber harassment might involve publishing personally identifiable information on a webpage or posting links to pages that contain the information. The person may e-mail the sensitive information to another party or distribute the information through any electronic device.

The state must prove the following requirements for you to be guilty of doxing:

  • You shared another individual’s personal information without their consent
  • You intended to cause that person to reasonably fear for their or their family’s safety
  • The purpose was to cause the person unwanted injury, physical contact, or harassment
  • You knew the information shared would likely result in harassment, injury, or physical contact

Harassment is defined as terrorizing or tormenting someone, but it can also mean alarming or annoying them.

For example, you post a person’s address and make a statement about teaching that person a lesson about advocating for a specific cause. Your intent might be for that person to be harassed or physically harmed. The act of putting the person’s home address in the post can be evidence of your intent for harm or injury to come to that person.

However, the law does not require the person to actually be harassed or harmed. Instead, the law centers on the defendant’s “intent” when posting the information.

Penalties for Doxing in California

Individuals arrested and charged with cyber harassment (doxing) under Penal Code §653.2 face up to one year in jail and a fine of up to $1,000. The charge is a misdemeanor charge. A criminal defense lawyer may negotiate a plea agreement for probation instead of jail time.

When the court grants probation, it might include several restrictions. For example, the court might instruct the defendant not to contact the victim or post anything online about or directed to the victim. Violating probation could result in harsh penalties and jail time.

Potential Defenses to Doxing Charges in California

A criminal defense attorney reviews the circ*mstances and facts surrounding the doxing charges. Then, the lawyer develops a defense strategy for beating doxing charges based on those facts.

Potential defenses to doxing in California include:

  • Lack of evidence that you were the party who posted the information
  • You had the person’s consent to share the personal or sensitive information
  • Lack of intent to subject someone to harassment or injury
  • Violations of your civil rights that result in evidence being inadmissible in court

If the police arrest you for doxing, the best thing you can do is remain silent. Trying to explain your actions could result in incriminating yourself. You are not required to answer questions after being arrested without an attorney present.

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Contact the Los Angeles Criminal Defense Law Firm of The Rodriguez Law Group Today For Help

For more information please contact the Los Angeles Criminal Defense law firm of The Rodriguez Law Group for a free consultation, give us a call at (213) 995-6767 or visit our convenient location:

The Rodriguez Law Group – Los Angeles Criminal Defense Attorney
626 Wilshire Blvd Suite 460, Los Angeles, CA 90017, United States

FACT OR FICTION: Doxing Someone Can Get You Arrested. - Los Angeles, CA - The Rodriguez Law Group (2024)

FAQs

FACT OR FICTION: Doxing Someone Can Get You Arrested. - Los Angeles, CA - The Rodriguez Law Group? ›

Is doxing

doxing
April 2023) (Learn how and when to remove this template message) Doxing or doxxing is the act of publicly providing personally identifiable information about an individual or organization, usually via the Internet and without their consent.
https://en.wikipedia.org › wiki › Doxing
illegal? In California, doxing is considered a serious offense, and individuals engaging in this activity can face legal consequences. The state has laws that prohibit the unauthorized dissemination of personal information with the intent to harass, intimidate, or harm others.

Can someone get arrested for doxxing? ›

Doxxing can lead to a prison sentence under certain circ*mstances. While doxxing itself is not always illegal, it can lead to other illegal activities. For example, if doxxing leads to harassment, cyberstalking, threats, identity theft, or provokes violent acts, these offenses can be prosecuted.

Is doxxing illegal in LA? ›

In California, cyber harassment including doxxing with the intent to put others and their immediate family in danger can put violators in county jail for up to one year or impose a fine of up to $1,000, or both.

How many people get doxxed? ›

Doxxing statistics

According to a study by SafeHome, by 2021, over 43 million Americans had experienced doxxing at least once in their lifetime. It's important to note that doxxing is a serious and often underreported crime, and many people who are doxxed may not report it or seek help.

What is the civil liability for doxxing? ›

The Civil Liability for Doxxing Act uses the term “substantial life disruption” to describe any type of harm that may cause significant disruptions in a person's life whose information has been shared.

Can police do anything about doxxing? ›

The state has laws that prohibit the unauthorized dissemination of personal information with the intent to harass, intimidate, or harm others. Violating these laws can result in criminal charges, including stalking, harassment, identity theft, and more.

Is doxing illegal in CA? ›

In California, doxxing may be illegal under California's laws against harassment, which include the following: Intentionally placing another person in reasonable fear for their safety. Causing a person unwanted physical contact, injury, or harassment.

Can you sue someone for doxxing? ›

Under AB 1979, victims of doxxing will be able to pursue up to $30,000 in damages through a lawsuit against the person who released their information. It will also allow a court to issue orders, such as an injunction to prevent more doxxing by the defendant, when appropriate.

What is the penalty for doxxing in California? ›

Penalties for Posting Harmful Information on the Internet

Since violations under PC 653.2 are considered misdemeanor offenses, you can't be sentenced to state prison upon conviction. A conviction under PC 653.2 can result in fines of up to $1,000, jail time of up to one year in county jail, or both.

What is the sentence for doxxing? ›

Further repercussions include fines ranging from as low as US$50 up to US$2,000, six months spent in county jail, or both the fine and imprisonment. A hacker may obtain an individual's dox without making the information public. A hacker may look for this information to extort or coerce a known or unknown target.

How do I know if I'm Doxxed? ›

The most common way people realize they've been doxxed is when they start to notice the consequences. However, you can also find out if someone is leaking your private details by: Searching your name online. Checking social media.

Who is the target of doxxing? ›

While anyone can be doxxed, experts believe women are more likely to be targets of mass online attacks, leaks of their sensitive media, such as sexually explicit imagery that was stolen or shared without consent and unsolicited and sexualized messages.

How old is doxxing? ›

doxing first emerged in the world of online hackers in the 1990s, where anonymity was considered sacred. Feuds between rival hackers would sometimes lead to someone deciding to "drop docs" on somebody else, who had previously only been known as a username or alias.

Why isn t doxxing illegal? ›

Doxing in general isn't illegal federally in the US, but there is a specific situation where it is. Doxing a person for the purpose of harassing or getting others to harass a person is considered part of stalking. It is a federal felony.

What type of crime is doxxing? ›

Instead, the legality of doxxing is determined on a case-by-case basis. While compiling or publishing publicly available information is rarely illegal, there are other crimes that doxxers can be charged for — such as stalking, harassment, identity theft, or incitement to violence.

What is the no doxxing rule? ›

You cannot share sexual, nude, or intimate media (photos/videos) without the permission of the person involved, or that was taken or appears to have been taken without the consent of the people involved. This includes: hidden camera content featuring nudity, partial nudity, and/or sexual acts.

What are the consequences of doxxing? ›

Platforms may take action against users who engage in such activities, including suspending or banning their accounts. The consequences of doxxing can be severe and can lead to an invasion of privacy, harassment, identity theft, stalking, or even physical harm.

How illegal is it to dox someone? ›

But is it illegal? The answer is usually no: doxing tends not to be illegal, if the information exposed lies within the public domain, and it was obtained using legal methods. That said, depending on your jurisdiction, doxing may fall foul of laws designed to fight stalking, harassment, and threats.

Is doxxing a punishable crime? ›

Yes, you can go to jail for doxxing someone. Although doxxing itself is not illegal, it could contribute to another criminal offense like harassment, stalking, intimidation, identity theft, or incitement to violence.

What is evidence of doxxing? ›

Information published in doxxing incidents may include the individual's home address, phone number, or email address; it may also include images, videos, or other content accessed by hacking the individual's personal account(s).

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