Texas Doxxing Law — Penal Code §42.074 Charges and Defense
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Table of Contents
The §42.074 statute
Penal Code §42.074 makes it a crime to publish on a publicly accessible website or social media platform another person's residence address or telephone number if the publisher:
- Intends to cause harm or threat of harm to the person, or person's family member, OR
- Knows or reasonably should know that publication is likely to cause harm or threat of harm
Penalty structure:
- Base: Class B misdemeanor (up to 180 days county jail; $2,000)
- If disclosure results in bodily injury: Class A misdemeanor (up to 1 year; $4,000)
- If serious bodily injury or death results: State jail felony (180 days-2 years; $10,000)
Coverage and scope
The statute applies to "publication on publicly accessible website or social media platform." Coverage:
- Public social media posts (Twitter/X, Facebook, Instagram, TikTok)
- Public forum posts (Reddit, public Discord channels)
- Public websites (personal blogs, news sites, advocacy sites)
- Public-access platforms generally
Likely not covered:
- Private group chats or DMs (not "publicly accessible")
- Email to specific individuals
- One-on-one phone calls
- Private subscription services
The statute interacts with stalking (§42.072) and harassment (§42.07). Many doxxing prosecutions add stalking or harassment charges based on broader pattern.
Defense angles
Defenses to doxxing:
Lack of harmful intent or knowledge. The state must prove the defendant intended harm or knew harm was likely. Routine sharing for legitimate purposes (journalism, public accountability, real estate) doesn't meet this element.
Public information. Information already publicly available may not support charges. Republishing readily available data (county appraisal records, business listings) for legitimate purposes is likely defensible.
First Amendment. Political speech, journalism, and accountability journalism may be protected even where disclosure occurs. The line between protected speech and doxxing is fact-specific.
No publication on publicly accessible platform. Where disclosure was on private channels, the statutory element fails.
Identity issues. Anonymous or pseudonymous posts require establishing defendant as poster.
Many doxxing cases combine §42.074 with stalking, harassment, or computer fraud charges. Defense strategy addresses the cumulative case.
Texas Penalty Group 1 Charges by Weight
Texas Health & Safety Code § 481.115 charges escalate by weight:
| Weight | Offense | Range | Fine |
|---|---|---|---|
| Under 1 g | State jail felony | 180 days-2 years state jail | $10,000 |
| 1-4 g | 3rd degree felony | 2-10 years TDCJ | $10,000 |
| 4-200 g | 2nd degree felony | 2-20 years TDCJ | $10,000 |
| 200-400 g | 1st degree felony | 5-99 years/life TDCJ | $100,000 |
| 400 g+ | Enhanced 1st degree | 10-99 years/life TDCJ | $100,000 |
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
Is sharing someone's phone number really illegal now?
Yes, if done with intent to cause harm or with knowledge of likely harm. Sharing phone numbers for legitimate purposes (business contact, social coordination, journalism) doesn't qualify. The intent and knowledge elements distinguish lawful from unlawful disclosure.
What if the information was on Google search?
Republishing publicly available information may not support charges where intent and knowledge elements fail. However, deliberate compilation of personal information for harassment purposes can support charges even with public source materials. The case posture depends on how the information was assembled and presented.
Can I share addresses of public figures?
Risky. Public figures have less defamation protection but the same harassment protection. Sharing officials' addresses with intent to facilitate harassment can support §42.074 charges. Pure journalism on public officials' public addresses is generally protected.
Is reposting doxxing content also illegal?
Yes, if you republish with the same harmful intent or knowledge. Each republication can be a separate offense. The forwarding/sharing chain in doxxing cases sometimes produces multiple defendants prosecuted from the same original disclosure.
How does this interact with stalking?
Stalking under §42.072 requires "course of conduct" causing fear of bodily injury or property damage. Doxxing combined with other communications may support stalking charges in addition to §42.074. Many doxxing prosecutions layer stalking, harassment, and doxxing charges.
