Is it illegal to send text messages on behalf of others?

Sending text messages to others, as long as the content is not illegal, will not bear criminal responsibility.

According to the relevant provisions of the Criminal Law, the amount of money has not been actually defrauded by using telecommunication technologies such as sending short messages, making phone calls and the Internet. However, if a huge amount of property is the object of fraud, it may be considered as an attempted fraud.

The specific legal basis is:

Article 5 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud stipulates that those who attempt fraud, the amount of property of the object of fraud is huge or there are other serious circumstances shall be convicted and punished.

Using telecommunications technologies such as sending short messages, making phone calls, and the Internet to defraud an unspecified majority of people, and the amount of fraud is difficult to verify. However, under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted):

1. Send more than 5000 fraudulent short messages;

2. Make fraudulent phone calls for more than 500 times;

3. Fraudulent means and serious harm.

If the number of acts specified in the preceding paragraph reaches more than ten times the above-mentioned standards specified in items 1 and 2, or the fraudulent means are particularly bad and the harm is particularly serious, it shall be deemed as "other particularly serious circumstances" as specified in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted).

Therefore, according to the law, if in SMS fraud, it is originally for the purpose of defrauding huge amounts of property, and more than 5,000 pieces are sent ten times, it will be regarded as attempted fraud.

The penalties for fraud are as follows:

1. Whoever commits fraud shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;

2. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;

3. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.