If someone has threatened to kill you over text, get to a safe place, keep the message on your phone without replying or blocking the number, and call police. A death threat sent by text message is a crime in every state and under federal law, and the text itself is unusually strong evidence because the exact words, the time, and the sender’s number are all captured in the medium. What you do in the first few hours shapes everything that follows.
Decide First Whether the Threat Is Imminent
The most important call you’ll make is whether the danger is happening now. A message like “I’m coming to your house right now” is a 911 situation. A message like “you’re going to regret this” from someone hundreds of miles away is not immediate, but it still warrants a police report. When you can’t tell, call 911 and let the dispatcher decide. Federal guidance is clear: if you believe you are in immediate physical danger, dial 911 first and handle evidence afterward.1Federal Communications Commission. Threat and Intimidation Response Guide
Once the immediate danger is addressed, take practical safety steps. Change your locks if the sender has ever had access to your home. Vary your routine so your movements aren’t predictable. Tell the people who need to know: your employer’s security team, a building manager, a trusted neighbor, your child’s school. Share a photo of the person if you have one. If you live alone and the threat feels credible, stay with someone else for a few days while police assess it.
Don’t Block the Number Yet
Blocking the sender is the first instinct, and it’s the wrong move at the start. Every follow-up message strengthens the case. A pattern of texts is harder to pass off as a joke or a line taken out of context than a single message is. Preserve the originals on your device, then take screenshots that capture the full message, the sender’s number or contact name, the date and time, and enough of the thread above to show context. If the threat came through a messaging app, make sure the app’s interface and the sender’s profile are visible in the shot. Save any photos, voice notes, or video the sender included.
Screenshots alone have limits. Courts know how easy it is to fabricate a text thread, and opposing attorneys will raise that if the case goes to trial. A forensic examiner can pull metadata from the phone that doesn’t appear on screen and generate a digital fingerprint showing the data hasn’t been altered. Courts generally prefer forensic extraction when authenticity is disputed. If the phone is lost, damaged, or replaced before that extraction happens, you lose that layer of proof. Back up the messages to the cloud or a computer as redundancy, not as a substitute for the originals.
If the threatening messages are part of a longer pattern, keep a written log with dates, times, and brief descriptions. That log is useful when investigators or a judge need to see the bigger picture. Once you’ve reported the threat and police confirm they have what they need, you can block the number if continued contact is unbearable.
File a Police Report
File the report even if you aren’t sure the threat is “serious enough.” That judgment isn’t yours to make, and police would rather look into an empty threat than respond to a tragedy they never heard about. Bring your phone, your screenshots, and the written log. Be specific about the language used and explain any history you have with the sender.
Officers evaluate credibility by looking at several factors: how specific the threat is, whether the sender has the means to follow through, whether there’s a history of escalating behavior, and whether the threat came in the middle of an ongoing dispute. A vague outburst during an argument is treated differently than a detailed description of how and when someone plans to hurt you. Depending on what they find, police may contact the sender directly, issue a warning, or start building a criminal case.
Report it even if the number is unknown to you. Law enforcement can work with phone carriers, and with federal agencies when the message crossed state lines, to trace it back. Many departments also have civilian victim advocates on staff who provide safety planning, explain how the investigation and court process will unfold, connect you with counseling or shelter resources, and advocate on your behalf with detectives and prosecutors. Their services are typically free, and in many departments you don’t need a formal report to use them. Ask the front desk or responding officer whether victim advocacy is available.
Consider a Protective Order
A protective order is a court directive that prohibits the sender from contacting you, coming near your home or workplace, or harassing you further. Violating the order is itself a criminal offense, which gives the order real force even while the underlying case is still being investigated. You don’t need a lawyer to file.
Protective orders come in stages. An emergency protective order can be issued by a judge on the spot, sometimes at the request of a responding officer, and provides short-term protection, often around five to seven days. For longer coverage you file a temporary restraining order, which usually lasts until a court hearing can be scheduled. At that hearing both sides present their case and the judge decides whether to issue a longer-term or permanent order.
For the initial temporary order, most courts use a “more likely than not” standard, meaning the judge needs to believe your account is probably true based on what you present. For a longer-term order, some jurisdictions require “clear and convincing” evidence, a higher bar that makes the original text messages central to your case.
The process starts with a petition at your local courthouse. You describe the threat, provide your evidence, and explain why you fear for your safety. In cases involving domestic violence or stalking, many courts waive the filing fee entirely. For general harassment orders, fees vary by jurisdiction, and fee waivers are available if you can’t afford to pay. Clerks can walk you through the paperwork, and many courthouses have self-help centers for people filing without a lawyer. Depending on what the judge finds necessary, the order can bar contact by any means, require the sender to stay a specified distance away, and in some cases require them to surrender firearms.
How the Law Treats a Death Threat by Text
A death threat sent by text can trigger criminal charges at the state level, the federal level, or both, and can also support a civil lawsuit.
Federal Criminal Law
Two federal statutes do most of the work. The first, 18 U.S.C. § 875(c), makes it a crime to transmit any communication containing a threat to injure another person through interstate commerce, which includes text messages. A conviction carries up to five years in federal prison.2Office of the Law Revision Counsel. 18 USC 875 – Interstate Communications The second, 18 U.S.C. § 2261A, targets stalking through electronic communication and covers anyone who uses electronic communication to engage in conduct that places another person in reasonable fear of death or serious bodily injury. Penalties can be more severe than under § 875(c), particularly if the conduct results in physical harm.3Office of the Law Revision Counsel. 18 USC 2261A – Stalking
What the Prosecutor Has to Prove
In 2023, the Supreme Court changed how threat cases must be proved. In Counterman v. Colorado, the Court held that the First Amendment requires the government to prove the sender acted at least recklessly, meaning they were aware that others could view their statements as threatening violence and sent them anyway. A prosecutor can no longer get a conviction by showing only that a reasonable person would have felt threatened; they must also show the sender consciously disregarded the risk that the words would be perceived that way.4Supreme Court of the United States. Counterman v. Colorado, 600 U.S. 66 (2023)
That matters practically. An explicit death threat, especially one sent repeatedly or with specific details, clears this bar easily. A single ambiguous message during a heated argument is harder to prosecute. The more evidence you preserve showing the sender knew their words were threatening and kept going anyway, the stronger the case becomes.
State Charges
Every state has laws criminalizing threats, though labels and penalty ranges differ. Most states classify a credible death threat as a felony, with potential prison sentences ranging from one year to well over five depending on jurisdiction, the sender’s criminal history, and aggravating factors. Common aggravators that increase penalties include using a weapon while making the threat, targeting the victim’s family members, making the threat as part of a pattern of stalking, or threatening someone who already has a protective order in place.
Suing the Sender
You can also sue. The most common claim is intentional infliction of emotional distress, which requires showing that the sender’s conduct was extreme and outrageous and caused you severe emotional harm. Courts can award compensatory damages for therapy, lost wages, and other expenses directly caused by the threat, as well as punitive damages intended to punish the sender and deter future conduct. A civil lawsuit proceeds independently of any criminal case, so you can file one even if prosecutors decline to charge.
If the Threat Involves Your Job or School
When the threat is connected to your work, your employer has an obligation to respond. Under the General Duty Clause of the Occupational Safety and Health Act, employers must provide a workplace free from recognized hazards that could cause death or serious harm. An employer who learns of a credible threat against an employee and does nothing is violating that obligation.5Occupational Safety and Health Administration. Workplace Violence – Enforcement Report the threat to your supervisor, HR, and workplace security. If your employer refuses to act, you can file a complaint with OSHA.
If you’re a college student, federal law requires your school to issue timely warnings when a reported crime poses a serious or ongoing threat to campus and to issue emergency notifications for immediate threats. Report the threat to campus police or the dean of students. The school should give you a written explanation of your rights and options, which may include help with a protective order, changes to your class schedule or housing, and counseling.
Victim Compensation and Address Confidentiality
A death threat generates real costs: therapy, home security upgrades, temporary relocation, lost wages from time in court. Every state operates a crime victim compensation program funded in part through federal grants under the Victims of Crime Act. These programs can reimburse medical and mental health counseling expenses, and many have the option to cover safety-related purchases like doorbell cameras, new locks, and replacement cell phones, along with temporary lodging and relocation costs.6Federal Register. VOCA Victim Compensation Grant Program Eligibility typically requires that you reported the crime to police and are cooperating with the investigation. These programs are the payer of last resort, so insurance or other coverage comes first. You can find your state’s program through the Office for Victims of Crime.7Office for Victims of Crime. Help in Your State
If the sender can reach your home address through public records, most states run address confidentiality programs, sometimes called “Safe at Home.” These give you a substitute mailing address to use on voter registration and other records, with your mail forwarded from the substitute address to your actual location. Enrollment is free and typically available to victims of stalking, domestic violence, and other threats to physical safety. Contact your state’s secretary of state or attorney general’s office to apply.
When to Bring in a Lawyer
You don’t need a lawyer to file a police report or request a protective order, but representation helps once things get complicated. An attorney can assess whether the facts support both criminal prosecution and a civil claim, prepare evidence for a protective order hearing, and communicate with prosecutors on your behalf. If the threat is part of an ongoing stalking or domestic violence situation, an attorney can coordinate across multiple proceedings at once.
Cost shouldn’t stop you. The Department of Justice funds the Legal Assistance for Victims program, which provides free civil and criminal legal services to victims of stalking, domestic violence, and sexual assault, and covers related issues like housing, immigration, and custody that can arise when you’re trying to separate yourself from the person who threatened you.8U.S. Department of Justice Office on Violence Against Women. Legal Assistance for Victims Program Your local legal aid organization can tell you what’s available in your area, and many bar associations run pro bono referral programs for victims of violent crime.