What is the crime of sending messages to harass?

Generally, harassing others with information does not constitute a crime, but it violates public security management.

According to the provisions of relevant laws, if anyone repeatedly sends obscene, insulting, threatening or other messages that interfere with the normal life of others, he will be detained for not more than five days or fined not more than 500 yuan; if the circumstances are more serious, he will be fined not more than 500 yuan. If detained for not less than five days but not more than ten days, a fine of not more than five hundred yuan may be imposed. If legitimate rights and interests are infringed, the infringer can be required to bear infringement liability.

For example: making harassing phone calls or sending threatening text messages to you, disturbing your life, if the circumstances are relatively minor, it is a civil tort case, and it will be decided based on the specific circumstances of the case whether it is an infringement of reputation rights or other personal rights. The right requires the other party to stop the infringement, restore reputation, eliminate the impact and compensate for losses. If the infringer insists on going his own way and seriously affects your life, work, etc., you can report the case to the public security organs, who will give you administrative penalties such as warnings, fines, or even detention. If there is insult, slander, etc., and it causes you serious losses, you may also be suspected of the crime of insult or slander. This crime is a private prosecution case. Except for serious injuries or other serious damage to you, the case should be opened for investigation by the public security organs. It is up to you to file a lawsuit in court to pursue the other party's criminal liability.

If you encounter harassing phone calls or text messages, you can use the following methods to deal with them:

1. If you encounter harassing phone calls or text messages, please dial "110". Public security: report the case in time and keep evidence.

2. If you are a mobile user and you encounter harassing calls, you can dial 10086 to report it manually; you can also report it to China Mobile's bad and spam acceptance platform 10086999. The method is: Edit the harassing number* The content of the harassing text message , send to 10086999. For example, if you edit 136xxxxxxxx* "harassing text message content", send to 10086999.

3. If you are a China Unicom user and encounter harassing phone calls and text messages, you can report it to the China Unicom customer service hotline 10010.

4. If you are a telecommunications user and encounter harassing phone calls and text messages, you can report it to China Telecom’s customer service hotline 10000.

Legal Basis

Article 42 of the "Public Security Administration Punishment Law of the People's Republic of China" (2012 Amendment) Whoever commits any of the following acts shall be detained for not more than five days Or be fined not more than 500 yuan; if the circumstances are serious, he shall be detained for not less than five days but not more than 10 days, and may also be fined not more than 500 yuan:

(1) Writing threatening letters or threatening others physically by other means Safe;

(2) Blatantly insulting others or fabricating facts to slander others;

(3) Fabricating facts to frame others in an attempt to subject others to criminal prosecution or public security management penalties ;

(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;

(5) Repeatedly sending obscene, insulting, threatening or other messages , interfering with the normal life of others;

(6) Peeping, filming, eavesdropping, and spreading other people's privacy.