Are threatening texts illegal?
Asked by: Ms. Janie Beer | Last update: May 12, 2025Score: 4.9/5 (25 votes)
Most states have criminal laws against harassing texts, in some form or another. Harassment has a rather low level threshold: it is repeated, unwanted contact.
What is considered a threatening text message?
An ELECTRONIC MESSAGE THREAT is a threat received through direct messaging, email, or social media. It may include threats of blackmail or adverse consequences if the recipient does not comply.
What kind of text messages are illegal?
In addition, the CTIA established the common short code system, which is how the majority of businesses send marketing text messages to their customers and prospects. The CTIA also says any messages that contain words relating to sex, hate, alcohol, firearms, or tobacco (SHAFT) should not be delivered.
Can you sue for text harassment?
Harassing messages sometimes rise to a level at which you can sue a harasser or abuser in civil court. A victim may also have a claim for defamation or libel in connection with Internet misconduct, if the harassing messages were sent to third parties.
Can you call the cops for harassing texts?
Harassment does not have to be threatening to be "harassing." It can take the form of abusive messages or text message "spam." Regardless of the situation, it is not legal nor justified, and you have the right to take action. Here are the specific steps to take to report a case of text harassment.
Can You Go To Jail For Threatening Someone Over A Text? - CountyOffice.org
Can you file a police report for threatening text messages?
If the recipient of the message feels threatened or intimidated, the sender can face charges for making criminal threats. Criminal threats refer to verbal or written threats that cause another person to fear for their safety. Such charges can lead to fines, probation, and even imprisonment.
Can you report someone who keeps texting you?
Repeated text messages that are affecting your health should be reported. Everyone has different stress and anxiety thresholds, and once harassing texts have elevated you past these, it is time to contact the police.
Should I press charges for harassment?
If the harasser's actions towards you put you in fear for your life or safety, the police can investigate and potentially press criminal charges. However, even if the harasser's actions aren't necessarily criminal, you can still get a restraining order to keep them away from you.
Can someone take you to court over a text message?
Yes, text messages can hold up in court if they are authenticated.
What to do if someone is harassing you by text?
Contact Your Phone Provider: If you are being harassed by someone through text messages, contact your phone provider and report the issue. They may have the option to block the sender or change your phone number if necessary.
What is considered inappropriate texting?
Some common examples include: Unwanted Sexual Advances: Sending unsolicited sexual messages, explicit images, or inappropriate comments of a sexual nature. Sexually Suggestive Language: Using sexually suggestive language or innuendos in texts with the intention of making the recipient uncomfortable or offended.
What are malicious texts?
A malicious message is an electronic message that is designed to harm the recipient or the systems they are connected to, and can be sent through automated information processing systems. It includes various types of messages such as phishing attacks and those with embedded malicious software.
What states have text messaging laws?
There are 15 states with laws governing consumer solicitation by text message: Arizona, California, Colorado, Connecticut, Florida, Indiana, New Jersey, New York, North Dakota, Oklahoma, Rhode Island, Utah, Virginia, Washington and Wisconsin.
What can you do legally if someone threatens you?
You can also file a civil lawsuit with your local court for emotional or physical harm. You can file for a restraining order against a person so they will stop threatening you and stay away from you. Know how to protect yourself from notarios and fake websites.
Can you get a restraining order for texts?
While restraining orders are primarily associated with physical contact or in-person harassment, they can also extend to other forms of communication, including texting. To obtain a restraining order for texting, you must demonstrate that the text messages constitute harassment, threats, or stalking.
What is an example of a threatening message?
Sending an email to an ex telling him or her you're coming to kill him or her and the entire family. Calling someone and telling him or her you're going to kidnap his or her child. Posting on social media that you have an intention to physically beat someone you don't like.
Can you sue someone if they keep texting you?
If you are being bothered by unsolicited spam text messages, you can take legal action. Under the Telephone Consumer Protection Act (TCPA), you may be eligible for compensation of $500 to $1500 per unsolicited text, which can be trebled if the violation is knowing, willful, or intentional.
Are text messages protected by law?
California. California's Public Records Act (CPRA) treats electronic communications, including text messages, as public records if they are used to conduct public business. This law applies regardless of whether the communication device is personally owned or provided by the government.
Can screenshots of text messages be used in court?
Just like social media posts, screenshots of text messages can be used in court, but face similar challenges regarding authentication. Without the original metadata and context, proving that a screenshot is an accurate and unaltered representation of the original message can be difficult.
Can someone press charges without proof?
Types of Evidence Used by the Prosecution
For example, the uncorroborated testimony of an eyewitness is sufficient for a charge and a conviction, if it proves the defendant's guilt beyond a reasonable doubt. A person may be charged based on the testimony of a witness or victim, even if there is no physical evidence.
What happens after you file a police report for harassment?
After the initial report is made to law enforcement, a survivor can decide whether or not they would like to move forward with the investigation, a process referred to as pressing charges. Ultimately, the decision to press criminal charges is up to the state.
What's the worst charge for harassment?
Aggravated Harassment is a much more serious charge than first or second degree harassment. There are specific actions that can transform a charge from harassment to aggravated harassment, and as a result, a person's potential penalty increases with the severity of the crime.
What can I do if someone is threatening me by text?
If someone is sending threatening messages and you are afraid for your safety, you should consider trying to get an order of protection. You can contact an attorney to learn more about the possibility of getting a restraining order against the person who is sending these texts to you.
Is it a crime to keep texting someone?
Harassment by telecommunication device is considered a serious offense. It is charged as a class A nonperson misdemeanor, which is the most serious type. Up to $2,500 in fines. Although a misdemeanor is less serious than a felony, it's still crucial to have a criminal defense lawyer help handle your case.
What to do if a random person keeps texting you?
If you start receiving spam texts, someone is likely trying to obtain your personal information. Ignore the message and block the number.