Texas Doxxing Law — Penal Code §42.074 Charges
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Table of Contents
Texas Penal Code § 42.074 — doxxing defined
Texas Penal Code § 42.074 (effective September 2023) criminalizes "Doxing" — publishing personal information of another with intent to cause harm. Required elements: (1) Person publishes/threatens to publish; (2) on internet or in a manner published electronically; (3) personal identifying information of another; (4) without consent; (5) with intent to cause that person bodily injury, death, harassment, intimidation, identity theft, threats, financial loss, stalking. Personal identifying information: includes name, address, phone, email, SSN, employer information, family member identification, photograph, other specific identifying data.
Penalty schedule
Penal Code § 42.074(c) — penalties: Class B misdemeanor (up to 180 days + $2,000) — base doxing offense. Class A misdemeanor (up to 1 year + $4,000) — if causing person to fear bodily injury or against vulnerable populations (minors, elderly, disabled). State-jail felony (180 days-2 years) — when bodily injury results; against specific protected categories (judges, peace officers, witnesses). Third-degree felony (2-10 years) — when death results; significant aggravating circumstances. Several aggravators including doxing combined with stalking, harassment, threats, or violence escalate charges.
What constitutes doxxing
Common Texas doxxing scenarios: Online harassment campaigns — publishing target's home address/phone for harassment by third parties. "Swatting" — publishing information to facilitate false emergency reports. Workplace harassment — publishing employer information to cause job termination. Family targeting — publishing family members' information to extend harassment. Identity theft facilitation — publishing SSN, financial information for fraud purposes. Stalking enhancement — combining doxing with stalking patterns. Public official targeting — publishing personal information of judges, prosecutors, police officers to enable threats.
Defense considerations
Texas doxxing defense: Intent — state must prove specific intent to cause harm; legitimate journalism, public interest reporting, court records publishing not generally doxing. Public information — information already publicly available may not satisfy elements. First Amendment — newsworthy information, public interest publishing protected. Identity — was defendant actually responsible for publishing? Anonymous publishing — common defense issue; subpoenas to platforms typically needed to identify publishers. Self-publishing — if subject published their own information previously, complicates "without consent" element. Cross-jurisdictional issues — doxxing across state lines may trigger federal charges (18 U.S.C. § 875, § 2261A).
Related offenses and civil claims
Related Texas doxxing-adjacent offenses: Stalking (§ 42.072) — course of conduct causing fear; third-degree felony. Online Impersonation (§ 33.07) — fake persona to harm; third-degree felony. Fraudulent Use of Identifying Information (§ 32.51) — using identifying info without consent; state-jail to first-degree depending on quantity. Harassment (§ 42.07) — repeated communications; Class B/A misdemeanor. Civil claims: invasion of privacy, intentional infliction of emotional distress, defamation per se (for false information), tortious interference. Federal stalking (18 U.S.C. § 2261A) — interstate doxxing-stalking patterns.
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Frequently Asked Questions
Is doxxing illegal in Texas?
Yes — Texas Penal Code § 42.074 (effective September 2023) criminalizes doxxing. Publishing personal identifying information of another on internet without consent with intent to cause harm, harassment, intimidation, identity theft, threats, or stalking. Class B misdemeanor base; escalates to felony for specific harms.
What's the penalty for doxxing in Texas?
Class B misdemeanor base (up to 180 days + $2,000). Class A misdemeanor (up to 1 year + $4,000) for fear of bodily injury or vulnerable victims. State-jail felony when bodily injury results. Third-degree felony when death results or significant aggravators.
What counts as personal identifying information?
Texas Penal Code § 42.074 — name, address, phone, email, Social Security number, employer information, family member identification, photograph, other specific identifying data. Broad coverage of personally identifiable information that could enable harm or identity theft.
Is doxxing protected by free speech?
Generally no when specific intent to cause harm exists. First Amendment doesn't protect speech intended to facilitate harassment, threats, or violence. Legitimate journalism, public interest reporting, court records publishing not generally doxing. Specific intent to cause harm differentiates criminal doxing from protected speech.
Can I sue someone for doxxing me in Texas?
Yes — multiple civil causes of action: invasion of privacy; intentional infliction of emotional distress; defamation per se (for false information); tortious interference. Texas anti-SLAPP statute (TCPA) may apply if defendant claims protected speech. Texas damages for civil claims can include actual, statutory, and exemplary damages.
