Sponsored by:
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
SYNOPSIS
Establishes crime of doxxing.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning doxxing and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. For purposes of this section:
"Close relation" means a spouse; domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3); partner in a civil union couple as defined in section 2 of P.L.2006, c.103 (C.37:1-29); former spouse, former domestic partner; former partner in a civil union; parent, stepparent, grandparent, sibling, stepsibling, child, stepchild, or grandchild, whether related by blood or by law; any person who is a present household member, or who was, within the prior six months, a household member; or any person with a significant personal or professional relationship.
"Mental anguish" means severe emotional distress or emotional suffering of a protracted rather than a trivial or transitory nature, as evidenced by anxiety, fear, torment or apprehension, which distress or suffering may not result in a physical manifestation or a diagnosis of mental illness.
"Personal identifying information" shall have the same meaning as provided in N.J.S.2C:20-1.
b. An actor commits the crime of doxxing if, with the purpose to subject another person, or close relation of that person, to unlawful force, violence, stalking, physical restraint, or mental anguish, or to cause a person to reasonably fear for their own safety or that of another person, the actor knowingly discloses personal identifying information of another person without that person's consent via any electronic device or through a social networking site, and the disclosure of personal identifying information:
(1) creates a substantial risk of serious bodily injury or physical harm to the person or a close relation of that person;
(2) creates a substantial risk that the person or a close relation of that person is subjected to stalking in violation of section 1 of P.L.1992, c.209 (C.2C:12-10); or
(3) inflicts mental anguish upon the person or a close relation of that person and places the person or the close relation in reasonable fear of physical harm.
c. (1) It shall not be a violation of subsection b. of this section if the disclosure of the personal identifying information of another person was made:
(a) in good faith to inform any member of the public of conduct by the person that the actor reasonably believed to be unlawful;
(b) in good faith to inform law enforcement of conduct committed by the person that the actor reasonably believed to constitute a crime; or
(c) while cooperating in an official investigation or prosecution of a violation of subsection a. of section 1 of P.L.2013, c.272 (C.2C:33-4.1).
(2) There shall be a rebuttable presumption that the actor did not act with the purpose to subject another person to any unlawful force, violence, stalking, physical restraint or mental anguish or to cause another person to reasonably fear for their own safety or the safety of any other person if the personal identifying information of another person was disclosed for the primary purpose of:
(a) publishing, disseminating, or reporting in good faith conduct by an elected public official or law enforcement officer acting in their official capacity that the actor reasonably believe to be unlawful or an abuse of authority; or
(b) engaging in lawful and constitutionally protected activity as it pertains to speech, assembly, press, or petition.
d. Nothing in this section shall be deemed to authorize the disclosure of information in violation of P.L.2020, c.125.
e. (1) A violation of this section is a crime of the fourth degree.
(2) A violation of this section that results in any serious bodily injury, physical harm, or stalking of a person or a close relation to the person is a crime of the third degree.
2. This act shall take effect immediately.
STATEMENT
This bill establishes the crime of doxxing.
Under the bill, doxxing occurs if a person, with the purpose to subject another person to violence, stalking, physical restraining, mental anguish, or to cause a person to fear for their own safety or that of another, knowingly discloses personal identifying information without the person's consent. A crime is committed under the bill when the disclosure:
(1) creates a substantial risk of serious bodily injury or physical harm to the person or a close relation of the person;
(2) creates a substantial risk that the person or a close relation of the person is subjected to stalking; or
(3) inflicts mental anguish upon the person or a close relation of the person and places the person or close relation in reasonable fear of physical harm.
Under the bill, "close relation" is defined as a spouse; domestic partner; partner in a civil union couple; former spouse, former domestic partner; former partner in a civil union; parent, stepparent, grandparent, sibling, stepsibling, child, stepchild, or grandchild, whether related by blood or by law; any person who is a present household member, or who was, within the prior six months, a household member; or any person with a significant personal or professional relationship.
The crime of doxxing does not occur if the disclosure was made:
(1) in good faith to inform any member of the public of conduct by the person that the actor reasonably believed to be unlawful;
(2) in good faith to inform law enforcement of conduct committed by the person that the actor reasonably believed to constitute a crime; or
(3) while cooperating in an official investigation or prosecution of a violation of N.J.S.A.2C:33-4.1, cyber harassment.
The bill also establishes a rebuttable presumption that the actor did not act with the purpose established under the bill if the personal identifying information of another person was disclosed for the primary purpose of:
(a) publishing, disseminating, or reporting in good faith conduct by an elected public official or law enforcement officer acting in their official capacity that the actor reasonably believe to be unlawful or an abuse of authority; or
(b) engaging in lawful and constitutionally protected activity as it pertains to speech, assembly, press, or petition.
Doxxing is a crime of the fourth degree unless the disclosure results in any serious bodily injury, physical harm, or stalking, at which time it becomes a crime of the third degree. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.