Is it illegal to text someone? In almost every ordinary situation, no. Texting becomes a crime when the content or the context changes: repeated unwanted messages, threats, contact that violates a court order, sexual content involving a minor, nonconsensual intimate images, impersonation or fraud, unsolicited marketing without consent, and texting from behind the wheel. Federal penalties for the most serious of these reach 20 years in prison, and nearly every state layers on its own statutes.
When Repeated Texts Become Harassment or Cyberstalking
One message to someone who doesn’t want to hear from you is rarely a crime. A pattern of them can be. Federal law under 47 U.S.C. § 223 makes it a crime to use a telecommunications device to abuse, threaten, or harass another person, or to send repeated communications solely to harass. A conviction carries up to two years in prison.1Office of the Law Revision Counsel. 47 USC 223 – Obscene or Harassing Telephone Calls in Interstate or Foreign Communications
When the texting crosses state lines and causes the recipient reasonable fear of serious injury or substantial emotional distress, 18 U.S.C. § 2261A, the federal stalking statute, applies. Sentences follow the guidelines for domestic violence offenses and can reach years in federal prison depending on the harm caused.2Office of the Law Revision Counsel. 18 USC 2261A – Stalking
Most states have parallel harassment and cyberstalking statutes. The core pattern is consistent: a course of conduct directed at a specific person through electronic communication, serving no legitimate purpose, that causes substantial emotional distress. Some states charge cyberstalking as a felony from the first offense, others start at misdemeanor and escalate when there’s a credible threat or a minor is involved. Volume matters less than you’d think. A handful of texts can be enough if they’re threatening or if they continue after the recipient has clearly asked you to stop.
When a Single Text Becomes a Threat
One message is enough for a federal conviction if it contains a threat to injure or kidnap. Under 18 U.S.C. § 875, transmitting such a threat across state lines carries up to five years in prison and a fine.3Office of the Law Revision Counsel. 18 USC 875 – Interstate Communications Because text messages almost always travel through interstate networks, even a text sent between two people in the same city can fall within the statute.
The sender’s mental state matters. In Elonis v. United States (2015), the Supreme Court held that mere carelessness about how a message might be read is not enough for a federal threat conviction.4Justia Law. Elonis v. United States, 575 U.S. 723 (2015) In 2023, Counterman v. Colorado set the First Amendment floor at recklessness: prosecutors must show the sender consciously disregarded a substantial risk that the message would be understood as threatening violence.5Supreme Court of the United States. Counterman v. Colorado, 600 U.S. 66 (2023)
Context carries the day in threat cases. Courts weigh the relationship between sender and recipient, prior communications, and whether the recipient genuinely feared harm. Sarcasm, song lyrics, and venting have all surfaced as defenses, with mixed results. If you would be uncomfortable showing the text to a judge, that instinct is worth trusting.
Texting Someone Who Has a Court Order Against You
This is the easiest way to turn an innocent-looking text into a criminal charge. Restraining orders, protective orders, and no-contact orders routinely prohibit all forms of communication. One message, even something as mild as “I hope you’re doing well,” can trigger prosecution if a no-contact order is in place.
Violating a protective order is typically charged as a misdemeanor on a first offense, but penalties climb fast. Repeat violations, violations that include threats, and violations committed while carrying a weapon often get charged as felonies. Beyond the direct criminal exposure, breaking a court order damages your credibility in any underlying custody, divorce, or criminal matter. Having a friend send a message on your behalf is treated as indirect contact and punished the same way. If an order names you, zero contact through any channel is the only safe approach.
Sexual Content Involving a Minor
Sending, receiving, or possessing sexually explicit images of anyone under 18 by text is a serious federal crime, regardless of how the images were created. Distributing child sexual abuse material carries a mandatory minimum of five years in prison and a maximum of 20 for a first offense. A second conviction raises the minimum to 15 years and the maximum to 40.6Office of the Law Revision Counsel. 18 USC 2252A – Certain Activities Relating to Material Constituting or Containing Child Pornography Simple possession can still bring up to 10 years.
Teen sexting sits in an awkward place. When two 16-year-olds exchange explicit photos, they can technically face the same charges written for predatory adults. A growing number of states have created diversion programs that emphasize education over prosecution for consensual exchanges between minors, and completion can result in dismissed charges. These programs exist only in some jurisdictions and only for certain ages. An adult who exchanges explicit content with a minor faces the full force of federal and state law in every state.
Phone carriers and messaging platforms are legally required to report any child sexual abuse material they discover to the National Center for Missing and Exploited Children, which refers it to law enforcement.7Office of the Law Revision Counsel. 18 USC 2258A – Reporting Requirements of Providers
Forwarding Someone’s Intimate Images
If someone sent you an intimate photo privately, forwarding it is now a federal crime. The TAKE IT DOWN Act, signed in May 2025, prohibits the nonconsensual publication of intimate images, including AI-generated deepfakes. Publishing real intimate images of an adult without consent carries up to two years in prison; images of a minor bring up to three. Threatening to publish such images carries the same penalties.8Congress.gov. The TAKE IT DOWN Act – A Federal Law Prohibiting Nonconsensual Intimate Images
Nearly every state criminalizes nonconsensual intimate image distribution as well. First offenses range from misdemeanors to felonies, with maximum sentences from six months to five years, and states vary on what prosecutors must prove about the sender’s intent. Some require intent to harass or harm; others ask only whether the sender knew or should have known the subject hadn’t consented.
Impersonation, Smishing, and Fraud by Text
Pretending to be someone else by text to deceive or defraud violates federal identity theft law. Under 18 U.S.C. § 1028, using another person’s identifying information for an unlawful purpose can bring up to 15 years in prison, climbing to 20 when the fraud facilitates drug trafficking or a violent crime.9Office of the Law Revision Counsel. 18 USC 1028 – Fraud and Related Activity in Connection With Identification Documents
Smishing, the text version of phishing, involves deceptive messages designed to trick you into clicking a malicious link or handing over passwords or card numbers. These schemes violate the Federal Trade Commission Act’s ban on unfair and deceptive practices.10Office of the Law Revision Counsel. 15 USC 45 – Unfair Methods of Competition Unlawful; Prevention by Commission When real money or a coordinated operation is involved, prosecutors reach for the wire fraud statute, 18 U.S.C. § 1343, which carries up to 20 years. If the scheme targets a financial institution, the maximum rises to 30 years and up to $1 million in fines.11Office of the Law Revision Counsel. 18 USC 1343 – Fraud by Wire, Radio, or Television
Unsolicited Marketing Texts
Businesses that send marketing texts without consent are breaking federal law. The Telephone Consumer Protection Act prohibits automated or prerecorded text messages to cell phones without prior express consent. Each unsolicited text is a separate violation, with statutory damages of $500 per message, or $1,500 if the sender acted willfully.12Office of the Law Revision Counsel. 47 USC 227 – Restrictions on Use of Telephone Equipment The TCPA also creates a private right of action, so recipients can sue directly in state court. The statute makes it illegal to transmit misleading caller ID information with intent to defraud, which covers the spoofed numbers used in scam texts.
When you want to stop receiving texts from a business you had previously agreed to hear from, replying with “STOP” or a similar keyword must be honored. Current FCC rules give businesses 10 business days to process the opt-out.13Federal Communications Commission. FCC TCPA Consent Revocation Order
Texting While Driving
For most people, this is the texting law they’re most likely to break. Forty-nine states, the District of Columbia, and most U.S. territories ban texting while driving for all drivers.14Traffic Safety Marketing. Distracted Driving Laws by State First-offense fines run from under $100 in some states to several hundred dollars in others, and repeat offenses or texting-related crashes bring significantly higher penalties.
Commercial drivers face a separate federal ban. Drivers of commercial vehicles caught texting can be fined up to $2,750 per offense, and their employers face fines up to $11,000 for allowing or requiring the practice. Multiple violations can disqualify a commercial license for up to 120 days.15FMCSA. No Texting Rule Fact Sheet Federal employees cannot text while driving a government vehicle or any vehicle on government business, and the ban includes reading texts and using any electronic data retrieval, even when stopped in traffic or at a red light.16GovInfo. Executive Order 13513 – Federal Leadership on Reducing Text Messaging While Driving
Most state laws carve out exceptions for emergencies, navigation, and hands-free use.
If You’re Receiving Illegal Texts
The evidence is sitting in your phone, and it’s more fragile than people assume. Messages get deleted, phones break, and carriers don’t retain message content indefinitely. Take screenshots that capture the full message, the sender’s number, and the date and time stamp. Do this for every relevant message, including the ones that seem minor at the time. Harassment cases usually depend on showing a pattern rather than any single text. Back the screenshots up somewhere other than the phone that received them.
Courts require more than a screenshot to prove who actually sent a message. Authenticating a text means tying it to a specific person through things like a known phone number, content only the sender would know, or follow-up conversations confirming identity. Keep a short written log of when each message arrived and any surrounding context, such as a phone call or in-person encounter that preceded it. When you bring the matter to law enforcement or an attorney, bring the original device so the messages can be examined directly.
Civil remedies run alongside the criminal ones. Victims can sue for emotional distress, reputational harm, and financial losses. TCPA cases offer statutory damages of $500 to $1,500 per message with no proof of actual harm required.12Office of the Law Revision Counsel. 47 USC 227 – Restrictions on Use of Telephone Equipment Civil courts can also issue injunctions ordering the sender to cease contact, with contempt charges available if the order is broken.
For suspicious or scam texts specifically, the FTC recommends forwarding the message to 7726 (SPAM) so your carrier can block similar senders, reporting it as junk in your messaging app, and filing a report at ReportFraud.ftc.gov.17Federal Trade Commission. How to Recognize and Report Spam Text Messages Don’t click links in unsolicited texts, even when the message appears to come from your bank or a government agency.