Is Sending Too Many Texts a Crime? When Communication Becomes Harassment in Texas
In today’s world, texting is a normal part of communication. Whether you’re checking in on a friend, following up with a coworker, or trying to resolve an issue with a loved one, texting plays a major role in our daily lives. But what happens when too many texts cross the line into harassment?
In Texas, excessive or unwanted texts can be considered a crime under the state’s harassment laws. If you’re facing harassment allegations due to text messages, it’s important to understand what the law says and what your legal options are.
When Does Texting Become Harassment?
Not every persistent or annoying text message qualifies as harassment under the law. However, Texas Penal Code § 42.07 defines harassment as repeated electronic communication made with the intent to harass, annoy, alarm, abuse, torment, or embarrass someone.
Texting may be considered harassment if it includes:
✔ Repeated, unwanted messages after being asked to stop.
✔ Threats of harm, even if not carried out.
✔ Obscene or offensive language meant to intimidate or disturb.
✔ False accusations or messages meant to embarrass someone publicly.
✔ Persistent communication at odd hours that disrupts the recipient’s life.
A few text messages, even if annoying, are unlikely to be considered a crime. But a pattern of excessive or threatening communication can result in criminal charges.
Can You Be Arrested for Sending Too Many Texts in Texas?
Yes—if law enforcement believes that your texts violate Texas harassment laws, you could be arrested and charged with a crime.
Harassment via text is typically charged as a Class B misdemeanor, which carries:
- Up to 180 days in jail
- Fines up to $2,000
If the harassment involves threats of violence or occurs in violation of a protective order, the charge may be upgraded to a Class A misdemeanor, which increases penalties to:
- Up to 1 year in jail
- Fines up to $4,000
In some cases, excessive texting could even lead to stalking charges, a third-degree felony punishable by 2 to 10 years in prison and fines of up to $10,000.
Common Defenses Against Text Message Harassment Charges
If you’ve been accused of harassment via text, you still have legal rights. Here are some common defenses that can be used in court:
✔ Lack of Intent – The prosecution must prove that the texts were sent with the intent to harass, annoy, or threaten. If there was no intent to harm, the charges may not hold up.
✔ Mutual Communication – If the recipient was actively engaging in conversation and responding willingly, it may be harder to prove that the texts were unwanted.
✔ Misinterpretation – Text messages lack tone and context, meaning a misunderstanding could lead to an unfair accusation.
✔ False Allegations – Some harassment claims are made up out of spite, personal disputes, or attempts to gain an advantage in family law cases.
✔ Freedom of Speech – Not all annoying or unwanted messages qualify as harassment. The First Amendment protects many forms of communication.
An experienced criminal defense attorney can evaluate the details of your case and build a strong defense to challenge the allegations.
What Should You Do If You’re Accused of Harassment by Text?
If you believe you are being investigated or have been charged with harassment over text messages, take these critical steps to protect yourself:
1. Stop All Communication – If someone has accused you of harassment, do not send more texts. Even if you believe you’re clearing up a misunderstanding, further messages could strengthen the case against you.
2. Save Your Messages – Preserve all text conversations, as they may prove your innocence or show that the communication was mutual.
3. Do Not Delete Anything – Deleting messages or social media posts could look like an attempt to destroy evidence.
4. Contact a Criminal Defense Lawyer – Harassment charges are serious, and fighting them alone is risky. A skilled attorney can challenge the evidence and help get charges dropped or reduced.
How The Fox Firm Can Help
At The Fox Firm, we understand that harassment charges based on text messages are not always straightforward. What one person sees as persistent, another may see as normal communication—and you shouldn’t be punished unfairly.
Our attorneys will:
✅ Examine your text message history to identify inconsistencies in the accusations.
✅ Challenge the intent claim, proving that the messages were not sent to harass.
✅ Negotiate with prosecutors to seek reduced or dismissed charges.
✅ Defend your rights aggressively in court if needed.
If you’ve been accused of harassment in McKinney, Plano, or anywhere in Texas, don’t wait. Contact The Fox Firm today for a confidential consultation and let us fight for your future.