California law seeks to protect certain individuals and groups that may be targeted for violence.

In particular, the Researcher Protection Act (California Penal Code 422.4 PC) criminalizes the act of publishing personal information about an academic researcher or their family with the intent to incite violence against them.

The Researcher Protection Act makes it a crime to publish personal information about a researcher to provoke violence.

In short, PC 422.4, a section of the 2008 Researcher Protection Act, establishes a misdemeanor for publishing an academic researcher's personal details, such as location or family information, with the specific aim of inciting imminent violence against them.

This law safeguards researchers by making it a crime to 'dox' or share sensitive information that could lead to attacks.

It defines key terms such as "publish" and "academic researcher' and enables victims to request injunctions to stop further publication. The law also includes exceptions for union activities and other protected speech.

If the intent is to provoke a violent act, it can result in penalties such as jail time, fines, or both.

What Does PC 422.4 Say?

California Penal Code 422.4 PC says, "(a) Any person who publishes information describing or depicting an academic researcher or their immediate family member, or the location or locations where an academic researcher or an immediate family member of an academic researcher may be found, with the intent that another person imminently use the information to commit a crime involving violence or a threat of violence against an academic researcher or their immediate family member, and the information is likely to produce the imminent commission of such a crime, is guilty of a misdemeanor, punishable by imprisonment in a county jail for not more than one year, a fine of not more than one thousand dollars ($1,000), or by both a fine and imprisonment.

(b) For the purposes of this section, all of the following apply:

(1) "Publishes" means making the information available to another person through any medium, including, but not limited to, the Internet, the World Wide Web, or e-mail.

(2) "Academic researcher" has the same meaning as in Section 602.12.

(3) "Immediate family" means any spouse, whether by marriage or not, domestic partner, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.

(4) "Information" includes, but is not limited to, an image, film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, or any other computer-generated image."

Background of the Law

The Researcher Protection Act was passed in 2008 in response to a growing pattern of harassment and violence targeting academic researchers, particularly those involved in animal research at universities like UCLA. Activist groups opposed to animal testing began employing aggressive tactics that went beyond lawful protest.

These tactics included publishing researchers' home addresses, photos of their children, and other personal details online.

The explicit or implicit purpose was to intimidate the researchers and encourage others to commit acts of violence, vandalism, or harassment against them and their families.

This created a climate of fear and posed a significant threat to the safety of the academic community, prompting the California Legislature to create a specific law to address this dangerous form of targeted harassment.

What the Law Prohibits

Penal Code 422.4 makes it a crime for any person to publish information that describes or depicts an academic researcher or their immediate family member, or their location, with two specific conditions:

1. The publisher has the intent that another person will use that information to imminently commit a crime involving violence or a criminal threat of violence.
2. The published information is likely to produce the imminent commission of such a crime.

As noted above, the term "publishes" is defined broadly to include making information available through any medium, such as the Internet, websites, email, or social media. "Information" can be a name, address, photograph, video, or any other identifying data.

The law also protects the researcher's "immediate family," which includes a spouse, domestic partner, parent, child, any other relative by blood or marriage within the second degree, and any person who regularly lives in the researcher's household.

What Are the Elements of the Crime?

For a prosecutor to secure a conviction under PC 422.4, they must prove every element of the offense beyond a reasonable doubt. The key elements are:

• Publishing Information: You made information about an academic researcher or their immediate family available to another person.
• Specific Intent: When you published the information, you specifically intended for another person to use it to commit a violent crime or threaten violence imminently.
• Likelihood of Imminent Crime: The information you published was likely to cause such a crime to occur imminently.

The element of intent is crucial. It is not enough to simply post information. The prosecution must prove that your specific goal was to incite violence. Likewise, the threat must be "imminent," meaning it is likely to happen right away, not at some distant point in the future.

What Are the Penalties for a Conviction?

A violation of Penal Code 422.4 is a misdemeanor. If you are convicted, the potential penalties include:

• Up to one year in county jail; and/or
• A fine of up to $1,000
• Information probation

In addition, an academic researcher targeted by such a publication can seek a civil preliminary injunction to stop any further publication of the information.

What are the Common Defense Strategies?

Being charged under PC 422.4 does not automatically mean you will be convicted. A skilled California criminal defense attorney can analyze the facts of your case and build a strong defense. Common strategies include:

• Lack of Intent: A primary defense is to argue that you did not have the specific intent to cause imminent violence. You may have published the information for other purposes, such as lawful protest, public awareness, or journalism, without any intention of inciting a crime.
• No Likelihood of Imminent Harm: Your attorney could argue that the published information was not actually likely to produce imminent violence. For example, if the information was obscure or the post received no engagement, it may be difficult for the prosecution to prove this element.
• Protected Speech: The First Amendment protects freedom of speech. Your attorney could argue that your actions constituted protected speech and did not rise to the level of a criminal threat or incitement. The law is aimed at incitement to imminent violence, not general advocacy or offensive speech.
• Lawful Labor Union Activities: The statute explicitly provides an exception for individuals lawfully engaged in labor union activities protected by state or federal law. If your actions fall under this category, it can serve as a complete defense.

For additional information or a case evaluation, contact the criminal defense law firm at Eisner Gorin LLP.