Text to be removed highlighted in red.
1 New Chapter; Doxing. Amend RSA by inserting after chapter 644-A the following new chapter:
CHAPTER 644-B
DOXING
644-B:1 Definitions.
In this chapter:
I. "Doxing" means the intentional publication of another person's personal identifying information without their consent, with the intent to threaten, intimidate, harass, or cause substantial emotional distress or physical harm to that person or their immediate family.
II. "Pattern of harassment" means 2 or more acts over a period of time, however short, which evidences a continuity of purpose. A pattern of harassment shall not include constitutionally protected activity, nor shall it include conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted person. A course of conduct may include, but not be limited to, any of the following acts or a combination thereof:
(a) Threatening the safety of the target or their family.
(b) Following, approaching, or confronting the target or their family.
(c) Appearing near the home, work, school, or other locations where the target is.
(d) Damaging the target's property.
III. "Personal identifying information" means any information that can be used to identify or locate an individual, including but not limited to, home or work address, telephone number, email address, social security number, date of birth, financial account numbers, or medical records. It does not include information that is lawfully made available from public records or is part of a legitimate news report.
IV. "Publication" means posting or disseminating information through any electronic or digital means, including the Internet, social media, or email.
V. "Immediate family" means a spouse, child, parent, sibling, or any person residing in the same household.
644-B:2 Prohibited Conduct.
I. A person commits the offense of doxing if the person:
(a) Recklessly publishes another person's personal identifying information;
(b) Does so with the intent to threaten, intimidate, harass, or cause substantial emotional distress or physical harm to that person or their immediate family; and
(c) The publication creates a reasonable fear of harm or results in harm.
II. This section does not apply to:
(a) Information published with the consent of the person.
(b) Information obtained from public records or government sources and published for a lawful purpose.
(c) Reporting of suspected criminal activity to law enforcement.
(d) Constitutionally protected speech, including journalistic activities or commentary on matters of public concern.
644-B:3 Penalties.
I. Doxing is a class A misdemeanor.
II. If the doxing results in physical harm, economic loss exceeding $1,000, or is part of a pattern of harassment, it is a class B felony.
2 New Section; Civil Actions for Doxing. Amend RSA 507 by inserting after section 8-k the following new section:
507:8-l Civil Action for Doxing.
I. A person aggrieved by a violation of RSA 644-B may bring a civil action against the violator in superior court.
II. Remedies may include:
(a) Actual damages, but not less than $1,000 per violation;
(b) Punitive damages if the conduct was willful or malicious;
(c) Injunctive relief to remove the information or prevent further publication; and
(d) Reasonable attorney's fees and court costs.
III. The attorney general may bring an action to enforce this chapter and seek civil penalties up to $10,000 per violation.
3 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 New Chapter; Doxing. Amend RSA by inserting after chapter 644-A the following new chapter:
CHAPTER 644-B
DOXING
644-B:1 Definitions.
In this chapter:
I. "Doxing" means the intentional publication of another person's personal identifying information without their consent, with the intent to threaten, intimidate, harass, or cause substantial emotional distress or physical harm to that person or their immediate family.
II. "Pattern of harassment" means 2 or more acts over a period of time, however short, which evidences a continuity of purpose. A pattern of harassment shall not include constitutionally protected activity, nor shall it include conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted person. A course of conduct may include, but not be limited to, any of the following acts or a combination thereof:
(a) Threatening the safety of the target or their family.
(b) Following, approaching, or confronting the target or their family.
(c) Appearing near the home, work, school, or other locations where the target is.
(d) Damaging the target's property.
III. "Personal identifying information" means any information that can be used to identify or locate an individual, including but not limited to, home or work address, telephone number, email address, social security number, date of birth, financial account numbers, or medical records. It does not include information that is lawfully made available from public records or is part of a legitimate news report.
IV. "Publication" means posting or disseminating information through any electronic or digital means, including the Internet, social media, or email.
V. "Immediate family" means a spouse, child, parent, sibling, or any person residing in the same household.
644-B:2 Prohibited Conduct.
I. A person commits the offense of doxing if the person:
(a) Recklessly publishes another person's personal identifying information;
(b) Does so with the intent to threaten, intimidate, harass, or cause substantial emotional distress or physical harm to that person or their immediate family; and
(c) The publication creates a reasonable fear of harm or results in harm.
II. This section does not apply to:
(a) Information published with the consent of the person.
(b) Information obtained from public records or government sources and published for a lawful purpose.
(c) Reporting of suspected criminal activity to law enforcement.
(d) Constitutionally protected speech, including journalistic activities or commentary on matters of public concern.
644-B:3 Penalties.
I. Doxing is a class A misdemeanor.
II. If the doxing results in physical harm, economic loss exceeding $1,000, or is part of a pattern of harassment, it is a class B felony.
2 New Section; Civil Actions for Doxing. Amend RSA 507 by inserting after section 8-k the following new section:
507:8-l Civil Action for Doxing.
I. A person aggrieved by a violation of RSA 644-B may bring a civil action against the violator in superior court.
II. Remedies may include:
(a) Actual damages, but not less than $1,000 per violation;
(b) Punitive damages if the conduct was willful or malicious;
(c) Injunctive relief to remove the information or prevent further publication; and
(d) Reasonable attorney's fees and court costs.
III. The attorney general may bring an action to enforce this chapter and seek civil penalties up to $10,000 per violation.
3 Effective Date. This act shall take effect 60 days after its passage.