With the rise of technology and social media, online harassment in the form of abusive text messages, comments, and posts has become increasingly common. Many people wonder if such text-based harassment constitutes a crime that can be prosecuted. The short answer is that some forms of text harassment are illegal, while others may fall into more of an ethical gray area. Keep reading to learn more about what constitutes criminal text harassment, related laws, and options for recourse if you are a victim.
What is considered criminal text harassment?
For text harassment to be a prosecutable crime, it generally has to meet the legal criteria for criminal harassment, stalking, threatening, or hate speech. This means the text messages must be deemed severely abusive, intimidating, or likely to incite violence. Some examples of potentially criminal text harassment include:
- Repeatedly sending unwelcome, threatening, or vulgar messages to someone after being asked to stop
- Sending graphic, obscene, or disturbing images to someone without consent
- Sending messages that contain threats of physical violence or threats to someone’s property or loved ones
- Sending messages intended to incite hatred or violence against a person or group based on race, religion, sexual orientation etc.
- Sending messages that contain threats of blackmail, extortion, or revenge porn
The harassment generally has to be repeated, unwanted, and make the victim feel unsafe or fear for their well-being. One-off mean or vulgar messages usually don’t meet the threshold for criminality. The harassing messages also typically need to target a specific victim, not just contain generalized offensive content.
What laws apply to text harassment?
There are a variety of laws at both the federal and state level that may apply to criminal text harassment. Some key applicable laws include:
- Stalking laws – Most states have laws prohibiting stalking conduct that includes unwanted harassment or contact that would cause a reasonable person to feel fear. Stalking can involve following, monitoring, threatening, communicating with or interfering with a victim. Stalking by text could potentially violate these laws.
- Telecommunications harassment laws – Many states have laws that prohibit making repeated phone calls or electronic communications with intent to abuse, threaten or harass. Sending harassing or threatening text messages can violate these laws.
- Criminal threat laws – Most states make it illegal to threaten to commit a crime against someone that would result in death or bodily harm, when the victim has reasonable fear. Threatening texts could violate these laws.
- Hate crime laws – Under federal and some state laws, crimes motivated by bias or hate based on attributes like race, religion, sexual orientation etc. may carry enhanced penalties. Harassing texts containing hate speech could potentially be charged as hate crimes.
- Cyber harassment laws – Some states have enacted cyber harassment or cyberstalking laws that specifically prohibit harassing electronic communications. Abusive texts could violate these laws.
In addition to criminal laws, text harassment may also violate civil laws and regulations on discrimination, workplace harassment and education harassment. But criminal charges generally require the highest threshold of criminally abusive, threatening or malicious behavior.
What are the penalties and punishment for text harassment?
If text harassment is deemed to violate criminal laws, the penalties can include:
- Incarceration in jail or prison
- Probation
- Fines up to several thousand dollars
- Community service
- Anger management or harassment prevention classes
- No contact orders requiring the harasser to stay away from the victim
Enhanced penalties may apply if the harassing texts contain threats, if the victim is in a protected class, or if a minor is involved. The exact punishment depends on the applicable laws in the jurisdiction, the severity of the conduct, and the harasser’s criminal record if any. But text harassment can potentially lead to imprisonment of over a year in serious cases.
How do you prove text harassment is a crime?
To prosecute criminal text harassment, sufficient evidence must be gathered to prove the harassing text messages meet the criteria for criminality. Important evidence to obtain includes:
- Screenshots or prints of all the abusive, threatening or offensive text messages
- The phone numbers, social media accounts or other sources the messages were sent from
- Records showing the dates and times the messages were sent
- Documentation that the victim told the harasser to stop sending messages
- Information on how the harassing texts impacted the victim’s daily life and sense of safety
Police can subpoena phone and social media records to build the evidence of criminal text harassment. Victims should save any evidence and file a report as soon as possible. Witness accounts from others who saw the harassing texts may also help prove the criminal case.
What if the harassment is not criminal?
If abusive or inappropriate text messages do not rise to the level of a crime, there are still steps you can take, such as:
- Clearly tell the sender to stop messaging you
- Block their number, social media, email etc.
- Change your own number or accounts if needed
- Contact their employer, school or parents if appropriate
- Consult an attorney about civil harassment restraining orders
- Report the harassment to the social media platform or phone provider
- Turn to counseling or support groups
While not criminal, ongoing text harassment can still create fear and take an emotional toll. Speaking out about the impact and seeking help to end the behavior are important. With civil legal action or involvement from third parties like employers, many cases of troublesome text harassment can be stopped.
What if you’re being impersonated online?
Another troubling text harassment scenario is when someone creates fake online accounts pretending to be you, then sends abusive messages to your friends, family or coworkers. This can damage relationships and reputation. Some key recourses include:
- Gathering evidence like screenshots of the fake accounts and messages
- Reporting the fake accounts to get them removed
- Filing a civil lawsuit for defamation or intentional infliction of emotional distress
- Reporting the activity to police as criminal identity theft or impersonation
- Proactively contacting people to explain it wasn’t you sending those messages
Impersonation with intent to damage someone’s reputation or relationships may be prosecuted under cyber harassment and other laws. But even if not criminal, exposed impersonation should still be addressed through reports, damage control and legal action when warranted.
What are some defenses to text harassment charges?
If you are accused of text harassment, some possible defenses include:
- The messages were not actually threatening or malicious when taken in full context
- The supposed victim misinterpreted harmless messages
- You had a legitimate reason like an existing relationship or ongoing dispute that justified contacting the person
- The messages were protected speech under the First Amendment
- Someone else accessed your phone or accounts to send harassing texts under your name
An experienced criminal defense attorney can help assess whether your texts may have been misconstrued and utilize all viable defenses. Free speech protections, the right to fair trial, and presumption of innocence also apply. But communicated threats of violence and other truly harassing texts often still meet the criteria for criminal charges.
How can text harassment victims protect themselves?
If you are the victim of text harassment, some tips to protect yourself include:
- Save evidence like screenshots in case they are needed later for prosecution
- Clearly communicate to the harasser that you want no further contact from them
- Block their number and accounts
- Change your own number or usernames if needed to prevent further contact
- File a police report
- Consider a civil protection or restraining order
- Limit public information and social media profiles to reduce risk of contact
- Tell trusted friends, relatives and coworkers about the situation
Seeking help from authorities, counselors, hotlines and support groups can also provide guidance on coping and preventing further harassment. With proactive efforts, contact can often be stopped before it escalates to severely criminal behavior.
Can text harassment lead to stalking or assault charges?
In some cases, severe text harassment and threats may cross the line into criminal stalking or assault charges. Some examples include:
- Repeatedly sending graphic threats of physical or sexual violence
- Tracking someone’s location or activities through their phone and sending threatening messages referencing the details
- Sending pictures of weapons or gifts indicating intent to use violence
- Making implicit threats to harm a victim or their loved ones or pets
- Sending messages that contain apparent insider knowledge of a victim’s home, work or school to intimidate them
Courts may see patterns like these as criminal stalking or assault. The harasser may face additional charges and penalties beyond basic text harassment crimes. Victims should not dismiss such severe threats as just anonymous online harassment. Speaking to police and prosecutors can help assess if criminal stalking or assault charges may be warranted.
What workplace protections exist against text harassment?
If the abusive text messages are occurring between employees, or between bosses and subordinates, workplace harassment laws may also apply:
- Title VII and state laws protect employees from harassment based on race, sex, religion etc. Report to HR.
- OSHA laws require employers to provide a workplace free from recognized hazards like violence, harassment, or intimidation.
- State labor laws may prohibit workplace harassment and retaliation.
- Union contracts may also prevent harassment among members.
Employees being harassed by coworkers or managers should save evidence and report to human resources. Employers must investigate andaddress unlawful harassment. If not resolved internally, administrative charges or lawsuits may be warranted.
What protections exist for text harassment involving minors?
Harassing or threatening text messages involving minors may be treated with enhanced seriousness. Some key legal protections for minors include:
- Statutory rape laws – Sexually charged texts between adults and minors below the age of consent are illegal.
- Child pornography laws – Sexually explicit photos or texts with minors constitute child pornography.
- Cyberbullying laws – Many states specifically prohibit cyber harassment of minors by minors, with school or criminal penalties.
- Predator child luring laws – Communications attempting to manipulate minors into sexual activity violate child luring laws.
Parents and schools also have authority to intervene with discipline, monitoring, counselling or restriction of devices and accounts. Text harassment crimes involving vulnerable minors are treated with heightened vigilance, even if communications seem consensual.
Can text harassment lead to civil lawsuits?
Beyond criminal charges, victims of distressing text harassment may sue for civil damages through claims like:
- Intentional infliction of emotional distress
- Defamation – if texts contained false accusations damaging to reputation
- Negligent infliction of emotional distress
- Invasion of privacy through intrusion on seclusion
If the harassing texts caused demonstrable mental anguish and damage to well-being, a personal injury lawsuit may be warranted. Successful suits can lead to monetary awards covering things like medical bills, therapy costs, pain and suffering, and punitive damages to punish malicious behavior. Consulting a civil attorney is advisable.
What should parents do if their child is being harassed?
If a minor is being harassed or bullied by text, parents should:
- Have an open conversation about the situation and offer comfort and support
- Save evidence of the harassing messages
- Contact the school about potential cyberbullying violations
- Speak with the parents of the minor sending harassing texts
- Block the harasser’s number/accounts and change your child’s if needed
- Involve police for severe harassment or threats
- Restrict phone/social media access if harassment persists
- Get counselling support and stress you are there for them
While parents should avoid overreacting, text harassment of minors should be addressed promptly. Teens may downplay cyber harassment threats, so parents need to investigate and enforce reasonable discipline. Ongoing problems may warrant school reports, legal complaints, or even parental monitoring of devices.
Conclusion
Text harassment may not always lead to criminal charges, but crosses the line when containing viable threats, inciting hatred, or repeatedly targeting victims to provoke fear. By saving evidence and reporting concerning text messages, victims may build a case for stalking, harassment or threat prosecution. Even without criminality, unwelcome harassment should be addressed by firmly telling the sender to stop, blocking accounts, or taking civil legal action. With proactive efforts and use of legal protections, text harassment’s impacts can be mitigated.