Legal Question in Technology Law in Washington

"Text bombing" is a joke or prank wherein one person repeatedly sends a text-message (via SMS) from one cellphone (or by computer email, translated to text by the mobile carrier) to another. This text is usually informational, friendly, and/or comedic. There is no malicious intent, and the sender is not attempting to harass, threaten, or hurt the recipient. Nothing is being intentionally advertised or promoted in these short texts. Typically anywhere from 30-300 texts are sent at one time, often this is a one-time event. Is what I have described illegal in the United States - is text bombing illegal?


Asked on 2/11/12, 6:30 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Sending an unwanted text message that many times in a row strikes me as a form of harassment, even if the message really is "informational, friendly, and/or comedic". The sender does not have to intend to make the recipient feel harassed; it is enough that he intended to repeatedly send her the message.

I don't know offhand whether this would qualify as a crime, but it could support a civil restraining order. That's not something you want on your record. It would also potentially support a civil lawsuit (most likely in small claims) if you cause the recipient to incur charges for going over her monthly text limit.

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Answered on 2/16/12, 7:49 pm


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