What is the crime of threatening others through text messages?

Sending text messages to threaten and intimidate, if there are no adverse consequences or harm, does not constitute a crime and shall bear administrative responsibility and be detained for not more than five days or fined not more than 500 yuan. Sending text messages to threaten will not be considered a crime under normal circumstances, but it is also illegal at this time, so the perpetrator must also be held legally responsible. If the circumstances are serious, it will constitute the crime of picking quarrels and provoking trouble.

Legal Analysis

If you only send such text messages to one or a few specific people and do not cause any adverse consequences or harm, then this behavior will not be considered a crime. Conclusion. Such behavior is called an expression of mens rea, which is an expression of some bad intention or criminal intent on the part of the perpetrator, rather than a specific harmful act. Relevant laws punish behavior, not expressions of criminal intent, so such behavior cannot be punished as a crime. In the case of text message threats, there are two situations to deal with. One is if the circumstances are minor and there are no consequences, you can be detained for five to ten days or fined around 500 yuan. The other is the circumstances are serious and have constituted a criminal penalty. , may be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. Threat refers to the use of force and power to coerce; to cause danger. Intimidation is to threaten others with matters such as harming other people's rights or public interests, causing others to feel fear and panic. It is a criminal offense, regardless of whether violence is used against the other party, whether violent actions are taken, even if it is only a verbal threat to the victim. Those who threaten death or harm the parties or their families, companies, property rights, etc. Sending text messages to threaten is illegal, but the severity of the circumstances varies and the applicable laws and regulations are also different.

Legal Basis

Article 42 of the "Public Security Administration Punishment Law of the People's Republic of China" Whoever commits any of the following acts shall be detained for not more than five days or fined not more than 500 yuan If the circumstances are more serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan: (1) Writing threatening letters or threatening others' personal safety in other ways; (2) Blatantly insulting others or fabricating Slandering others with facts; (3) Fabricating facts to frame others in an attempt to subject others to criminal prosecution or public security penalties; (4) Threatening, insulting, beating or retaliating against witnesses and their close relatives; (5) Sending obscene, insulting, threatening or other information multiple times to interfere with the normal life of others; (6) Peeping, filming, eavesdropping, or disseminating other people's privacy.