It started with a buzz, then another, and another. At first, the messages felt annoying, maybe a little weird. But when they kept coming—day after day, sometimes every few minutes—the tone shifted. They weren’t just annoying anymore. They were threatening. Fear crept in, and that’s exactly where the law steps in.
In today’s world, texting is how we talk. It’s quick, casual, and constant, but this convenience also makes harassment easier than ever. Sending a cruel message used to mean calling someone or writing a letter. Now, it takes seconds to send words that can ruin someone’s peace of mind.
What Counts as Text Harassment?
Text harassment is more than a few rude messages. It’s repeated, deliberate communication meant to scare, annoy, or emotionally harm someone. That could mean sending threats, obscene images, or hundreds of unwanted texts in the middle of the night.
In legal terms, it’s a form of “electronic harassment,” but you don’t need a law degree to understand what that feels like—it’s when your phone, which should connect you to friends and family, becomes a source of stress and fear.
The law takes this seriously. Most states have rules against using any telecommunications device, including phones and messaging apps, to harass or intimidate someone.
As Chernoff Law Firm in Texas explains: “Harassment can be charged if the person leaves a message that is obscene. The First Amendment does not protect obscenity. Harassment can be charged if someone threatens bodily injury by electronic communication. The First Amendment does not protect ‘fighting words.’”
That’s legal speak for something pretty simple: free speech doesn’t protect threats, obscene messages, or language meant to terrify.
How States Define It
Each state writes its own harassment laws, but the general idea is the same. For a text to be considered harassment, it usually has to be part of a pattern. One offensive message might not land someone in court. A campaign of messages—texts sent again and again, with no sign of stopping—probably will.
Some states are stricter than others. California’s law is especially clear, punishing anyone who “repeatedly” sends electronic messages meant to “alarm, annoy, torment, or terrorize.” The crime is a misdemeanor, but it can still mean up to a year in jail, fines, and probation.
Ohio law makes it harassment if a person “knowingly makes a telecommunication with the purpose to harass, intimidate, or abuse.” It doesn’t even matter if the recipient answers. Even one message sent after someone says “stop” can count.
Texas law, on the other hand, focuses on messages that are obscene or threatening or that show an obvious intent to “annoy or alarm.” But it also draws a line. Angry arguments and one-time rude texts don’t usually qualify as criminal harassment.
These differences matter because someone’s legal options depend on where they live.
When Laws Fall Behind Technology
But here’s the twist. Some laws haven’t really caught up with texting yet. There was this case in New Mexico, State of New Mexico v. Valerio (2025), and it showed just how messy this stuff can get.
In this case, the court ruled that text messages weren’t “calls” under a state law meant to punish “telephone harassment.” Since the law didn’t explicitly include texting, prosecutors couldn’t use it. The judges didn’t say text harassment was okay—they said the law just wasn’t written for this era, per National Law Review.
That’s a big deal. It proves how fast technology changes compared to the law. Ten years ago, statutes focused on “telephone calls.” Today, texts, DMs, and messaging apps dominate communication. Courts are scrambling to keep up.
Real-Life Stories
Stories bring this problem into focus more than legal definitions ever could.
Take Kassandra Cruz from Miami. She became obsessed with another woman and started sending hundreds of texts, emails, and threats. Over 900 messages later, the harassment had escalated so much that she ended up with a 22-month prison sentence for cyberstalking, according to the FBI.
This wasn’t a simple argument or misunderstanding—it was an intense campaign that made the victim fear for her safety.
Or look at the case of Garg in Seattle. He went even further, sending explicit, threatening messages over a long period. His campaign of harassment was so severe that he was sentenced to nine years in prison, per Secret Services.
These aren’t outliers. They’re a reminder that texts, as simple as they are to send, can destroy someone’s sense of safety—and land the sender in prison for years.
Federal Perspective
It’s not just states cracking down. The federal government takes electronic harassment seriously too.
Federal law prohibits transmitting obscene or threatening messages over telecommunications devices, especially if they cross state lines.
The FBI has been vocal about this: “Persistent unwanted communications, whether by phone or electronic means, cross legal boundaries and are subject to federal prosecution.”
That means if someone is harassing you from another state, federal law can come into play. The digital age doesn’t respect borders, and neither do these laws.
A Prosecutor’s View
For prosecutors, these cases are straightforward in one way: texts leave evidence. Unlike verbal threats, text messages can be saved, screenshotted, and used in court.
A legal expert summed it up clearly: “Repeated and threatening messages over text can amount to criminal harassment, as these electronic communications cause real harm and fear to victims.”
Texts don’t just vanish, which makes them powerful proof.
What Happens If You Report It
If you’re being harassed over text, your first move is to report it. Police departments treat these reports seriously, especially if you can show a pattern of harassment.
Most people save the messages, take screenshots, or keep logs as evidence. Once you report it, a judge can even put a restraining order or no-contact order in place so the person has to stay away from you.
Prosecutors then have to prove two main things:
- The messages were sent repeatedly or included threats or obscene content.
- They were sent with the intent to harass, threaten, or intimidate.
If they can prove it, the punishment can be pretty serious. Someone doing it for the first time might just get probation or have to pay a fine. But if the messages involve threats, stalking, or anything sexual, that person could end up spending years in prison.
Why This Matters Now
Harassment laws weren’t written for a world where your phone is always in your hand. For decades, laws mentioned “telephone calls.” Nobody imagined a time when a stranger could text you 200 times in a single night or find your social media instantly.
This gap in the law is slowly closing, but stories like State v. Valerio show there’s work left to do. Some states are updating laws to cover texts, DMs, and other digital platforms explicitly. Others rely on older harassment statutes and creative legal arguments to prosecute offenders.
In the meantime, these stories serve as warnings. Text harassment might feel anonymous or harmless to the sender, but for victims, it’s invasive, exhausting, and frightening. And for those sending the messages, it’s a fast path to a courtroom.
In the end, your phone should feel safe, not like a weapon against you. The law is still catching up to how quickly communication changes, but one thing is clear: threatening or obsessive texts aren’t just annoying. They’re illegal.
