Is SMS illegal?

Sending text messages on behalf of others, as long as the content is not illegal, will not bear criminal responsibility. According to the relevant regulations, if an unspecified majority of people are defrauded by means of telecommunication technologies such as sending short messages, making phone calls and the Internet, the amount has not been actually defrauded, but if a huge amount of property is targeted, it can be considered as an attempted fraud.

Using telecommunications technologies such as sending text messages and making phone calls to defraud an unspecified majority, and the amount of fraud is difficult to verify. However, in any of the following circumstances, it shall be convicted and punished for fraud (attempted):

1, sending more than 5,000 fraudulent short messages;

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

Fraud is bad and harmful.

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.

Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC).

Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Article 192

Whoever defrauds illegal fund-raising for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the amount of punishment is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.