Can Doxxing Get You Arrested
The internet often hosts hate speech and derogatory comments, many of which are protected by the First Amendment. However, the California legislature has enacted laws to balance the public’s right to free speech with their right to privacy and safety. Consequently, activities like hacking, swatting, and doxing—sharing someone’s personal information to facilitate harassment or harm—are illegal in California. Those accused of such cyber crimes should promptly seek assistance from a cybercrime attorney.
California’s Anti-Doxing Law, specifically under Penal Code 653.2 (PC), criminalizes the act of sharing an individual’s private data to incite harassment or stalking by a third party. Personal information covered under this law includes names, addresses, phone numbers, social security numbers, email addresses, workplace details, financial records, family information, and other sensitive data. Unlike online stalking under Penal Code 646.9 (PC), this offense involves the expectation that someone else will perform the harassment or stalking.
To convict someone of electronic cyber harassment, the prosecution must prove that the defendant shared another person’s personal information without consent, intending to cause fear for their safety or that of their family, and that they knew the information would likely lead to unwanted physical contact, injury, or harassment. Importantly, actual harassment does not need to occur for a conviction; the intent behind sharing the information is sufficient.
Penalties for Doxing in California
Individuals arrested and charged with cyber harassment, commonly referred to as doxing, under Penal Code §653.2 can face severe consequences. This misdemeanor offense has a penalty of up to one year in jail and up to $1,000 fine. However, the court may take into account aggravating factors, such as the victim’s criminal history, threats of violence, or the use of harassment to damage the victim’s reputation or career. In such instances, additional charges or more severe penalties may be imposed.
As with any crime, you risk more than just your freedom. A conviction could result in job loss, diminished educational opportunities, and other significant consequences. The only way to avoid these life-altering consequences is to collaborate with an attorney who can effectively clear your name.
If the court grants probation, it often comes with various conditions. For instance, the defendant may be ordered not to contact the victim or post anything about or directed towards the victim online. Violating probation terms can lead to stringent penalties, including possible jail time.
Related Criminal Charges
In addition to cyberstalking allegations under Penal Code 646.9 (PC), individuals accused of cyber harassment (doxing) are often charged with other related offenses. Common charges that may accompany electronic cyber harassment include:
- Making criminal threats
- Revenge porn
- Making harassing phone calls
- Violating restraining orders
- Sending harmful matter to a minor
Given the variety of potential criminal charges involved, it is crucial for those accused of doxing to contact a criminal attorney immediately. An attorney can aid to protect their rights and defend them robustly against these accusations.
Fighting Doxing Charges in California
If you are under investigation or have been arrested for doxing, exercising caution in your communications is crucial. It is advisable to remain silent except to request a criminal defense lawyer.
You may have several defenses available against the doxing charge. However, speaking with the police or investigators can complicate your situation, as your statements may be used against you.
Potential defenses to doxing charges include:
- The facts of the case do not meet the lawful requirements of the statutes under which you are charged.
- You were not the individual who released the information to the public.
- The information posted does not constitute protected or personally identifiable information.
- The information posted was already considered public information available online.
As doxing laws evolve, lawmakers and courts will provide more detailed guidance on these charges. Until then, the legality of doxing remains a complex issue with room for various defenses. Before considering a guilty plea, consult a criminal lawyer to discuss your rights and possible defense strategies.
Restraining Orders for Doxing and Online Harassment
Victims of doxing and online harassment in California can seek protection through a harassment restraining order. These civil harassment restraining orders function similarly to domestic violence protection orders but are intended to restrain individuals who are not a spouse, domestic partner, or close family member.
If someone is experiencing doxing or other forms of online harassment, they can request a restraining order to safeguard themselves from further harm. This legal measure can help prevent the harasser from contacting or approaching them, offering protection against the escalating dangers of doxing.
