Texas House Bill HB3024

Texas 2021 - 87th Regular

Caption

Relating to civil and criminal liability for doxing; creating an offense.

Impact

The implications of HB3024 are substantial in the realm of Texas law concerning personal privacy and online conduct. By amending the Penal Code to include doxing, the bill sets a legal precedent that could enhance protections for individuals against online harassment. Victims of doxing can pursue legal action for damages under the newly created Chapter 98C of the Civil Practice and Remedies Code. This chapter allows courts to award damages, including those for mental anguish, which could significantly impact both individual perpetrators and larger platforms that facilitate sharing of personal information. Further, it emphasizes the responsibility of individuals regarding online conduct and reinforces legal remedies available to victims.

Summary

House Bill 3024 addresses the issue of doxing by establishing civil and criminal liabilities for the intentional posting of another individual’s private information without their consent. The bill clearly defines doxing and delineates the circumstances under which it constitutes an offense. Specifically, it lays out the intent required for an action to be classified as doxing and includes the potential harm caused, such as threats of bodily injury or significant emotional distress. The penalties for committing such offenses vary, escalating from a Class B misdemeanor to a State Jail Felony, depending on the outcomes of the doxing acts, such as injury or death resulting from the conduct.

Contention

However, the passage of HB3024 may not be without controversy. Critics could argue that the definitions of private personal information and doxing might be too broad, potentially impacting free speech. There are concerns over how the enforcement of such laws may lead to unintended consequences where genuine expressions of dissent or criticism could be penalized if deemed to infringe on someone’s privacy. Additionally, the bill does acknowledge certain exceptions to avoid conflicts with existing laws, reinforcing the need for careful implementation to balance privacy rights with freedoms of expression and information sharing.