Is it illegal to curse SMS?

Sending text messages to curse people does not constitute a crime, but it is illegal. If the other party calls the police, the public security organ will give a warning; If the circumstances are minor, the public security organ shall not handle it.

If the degree of abuse is very serious, such as long-term abuse, fabricated facts abuse or violent abuse, you can file a criminal complaint with the public security organ, asking the public security organ to file an investigation, investigate the criminal responsibility of the perpetrator for the crime of insult and slander, and ask the perpetrator to compensate for the losses. This situation belongs to a criminal case, so it cannot be directly prosecuted in court, and it needs to be prosecuted in public security organs. ?

SMS alarm is generally handled as follows;

1. After SMS alarm, it is usually mediation.

2, mediation fails, by the public security organs according to the specific circumstances of administrative punishment.

3. Whoever repeatedly sends obscene, insulting, threatening or other information and interferes with the normal life of others shall be detained for not more than 5 days or fined for not more than 500 yuan.

Restoration of reputation, elimination of influence and apology can be in written form or oral form, and the contents must be examined by the people's court in advance. The scope of restoring reputation and eliminating influence should generally be equal to the scope of adverse effects caused by infringement.

No matter how many acts of texting or swearing, if the perpetrator sends a text message or insults others, it can be considered illegal; If the circumstances are serious, it may also constitute an insult, and the perpetrator shall bear the corresponding criminal responsibility. The Criminal Law stipulates that whoever publicly insults others or fabricates facts to slander others by violence or other means, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Legal basis:

Forty-second "People's Republic of China (PRC) Public Security Management Punishment Law"

Whoever commits one of the following acts shall be detained for not more than five days or fined not more than 500 yuan, detained for not less than five days and not more than 10 days, and may also be fined not more than 500 yuan: (1) writing threatening letters or threatening the personal safety of others by other means.

(2) publicly insulting others or fabricating facts to slander others.

(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment.

(4) Threatening, insulting, beating or taking revenge on witnesses and their close relatives.

(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others.

(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.