Sage-Tips

Can you get arrested from texting?

Generally, sending a text message about a crime isn’t itself a crime (if the message is threatening or harassing, the message itself may be a crime). In the scenario you present, you can’t be arrested for the text message. However, the message may be the basis for a criminal investigation.

What is the punishment for text harassment?

Harassment by telecommunication device is considered a serious offense. It is charged as a class A nonperson misdemeanor, which is the most serious type. If you are convicted for the offense, you could face the following penalties: Up to 1 year in jail; and/or.

Is harassing someone via text illegal?

One text message does not count as harassment, even if it’s intended to distress you. But two unanswered and unwanted text messages can be considered harassment. One text message and one phone call can also count as harassment.

What is considered text harassment?

Harassment consists of any unwanted or repeated conduct, which includes harassing text messages. In fact, the text messages or other unwanted communications do not have to be specifically threatening in any way to constitute harassment. So long as the contact is unwanted, the text messages qualify as harassment.

Can you go to jail for messaging someone?

California Penal Code Section 646.9 deals with harassing or sending unwanted messages specifically through the Internet, text messages, and video messages. A felony conviction could land you in California state prison for up to five years and require you to pay up to $1,000 in fines7.

Can threatening texts be used in court?

Harassment Via Text This can be a good thing but it can also be used as a form of harassment. Threatening texts are common in divorce or other family court-related matters. They can result in criminal charges being filed against the sender.

How do I report threatening texts to the police?

How to report harassing text messages to the police

1. Save harassment data. Depending on your phone, you can take a “screenshot” of the data.
2. Get your cell phone records.
3. Collect all the evidence.
4. Make an index.
5. Make a matching copy for you.
6. Include your contact information.
7. Go to the police.

Do text messages hold up in court?

Text messaging leaves an electronic record of dialogue that can be entered as evidence in court. Like other forms of written evidence, text messages must be authenticated in order to be admitted (see this article on admissibility by Steve Good).

Can texts be used as evidence?

Texts will likely be used as evidence if it can be demonstrated that they have a valid bearing on a family law matter. Text messages between you and the other party are generally considered to be admissible. In some cases, fake text messages can be created and used by others to create false evidence.

Can you go to jail for looking through someone’s phone?

Under Federal law, you are not permitted to view, read or listen to any communication on someone else’s phone or electronic device. There is case law where spouses have actually been charged criminally when snooping through a spouse’s phone for proof of an affair.

Can you get arrested for sending threatening text messages?

Yes. If the text or call is threatening or insulting they could be arrested for malicious communications, or threats to life. This happens pretty regularly. If there is a restraining order, bail conditions or court order preventing communication with a certain person they could be arrested as well.

Can you go to jail for texting someone who is over age?

While it is absolutely possible to go to jail over a text message (such as if the message contains a credible threat of violence), this particular text message does not appear to rise to the level of criminal conduct, especially if the recipient was over the age of majority in the state in question.

Can I be arrested for texting and driving a car?

If a person issues a terroristic threat (i.e. a bomb threat) via a phone call or text, then an arrest can be made. If a person is involved in an injury motor vehicle crash as a result of them texting or speaking on the phone then an arrest could be made.

Can texting about drugs get you in trouble?

So it is vital to understand a few things about texting and drugs before your thumbs get you into trouble. For starters, there isn’t a law that says a person cannot text someone about drug use. This is free speech at its finest.