Is it a crime to send text messages to harass others?

Is it a crime to send text messages to harass others?

Is it a crime to send text messages to harass others? If you are harassed by your mobile phone, you can call the police. No matter how many text messages the perpetrator sends, as long as it interferes with the normal life of others, the public security organ should file a case. Let's take a look at the crime of harassing others by texting.

Is it a crime to send text messages to harass others? 1 1. Does harassing phone calls and text messages constitute a crime?

Calling harassing phone calls and text messages that seriously interfere with other people's lives is illegal and does not constitute a crime.

Legal provisions: Article 42 of the Law on Public Security Administration Punishment commits one of the following acts, and shall be detained for less than 5 days or fined for less than 500 yuan; If the circumstances are serious, he shall be detained for more than 5 days 10 days, and may also be fined up to 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 retaliating against 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.

Second, conviction and sentencing standards.

The criteria for conviction and sentence are as follows:

(1) According to the fact that the basic crime constitutes, determine the starting point of sentencing within the corresponding statutory penalty range;

(2) Other criminal facts that affect the constitution of crime according to the amount of crime, the number of crimes and the consequences of crime. On the basis of the starting point of sentencing, increase the amount of punishment and determine the benchmark punishment;

(3) Adjust the benchmark punishment according to the circumstances of sentencing, and comprehensively consider the whole case to determine the declared punishment according to law.

Third, the constitution of crime.

The so-called constitution of a crime refers to the organic unity of all subjective and objective elements necessary for a specific act to constitute a crime according to the provisions of China's criminal law. It has the following two characteristics:

The constitution of crime is the organic unity of a series of subjective and objective factors. The composition of any crime includes many elements, some of which belong to the objective aspect of crime and some belong to the subjective aspect of crime. They are organically unified and constitute a crime.

The constitutive elements of a crime include the constitutive elements of a crime established by a statutory act, which must be stipulated by our criminal law. Only the factual characteristics of the case chosen by law can become the constitutive elements of the crime.

Is it a crime to send text messages to harass others? No matter how many text messages the perpetrator sends, as long as it interferes with the normal life of others, the public security organ should file a case. Generally, the above-mentioned actors will be detained for less than five days or fined less than 500 yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan.

If you are harassed by a mobile phone and the situation is serious, you can call the police and the police will investigate and deal with it. Secondly, you can install interception defense software by yourself, as other netizens said. Legal basis: Article 42 of the Law on Public Security Administration Punishment commits one of the following acts, and shall be detained for less than 5 days or fined for less than 500 yuan; If the circumstances are serious, he shall be detained for more than 5 days 10 days, and may also be fined up to 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 retaliating against 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.

Ways to deal with the harassment of family members by collection calls: First, you can use the interception software or function that comes with your mobile phone to intercept calls with collection numbers. Second, you can report the number to the operator. Third, use third-party software to set up interception, such as mobile guards and 360 guards.

But in the final analysis, the harassment of family members caused by collection calls is still caused by the applicant's overdue. Therefore, the most fundamental way to solve this problem is for the applicant to actively negotiate with the collection personnel to pay off the overdue money and avoid all kinds of collection calls.

Is it a crime to send text messages to harass others? 3. How to deal with family harassment?

In fact, in your eyes, the practice of debt collectors is to harass their families. As long as you don't touch the bottom line of the law, such as not using force against your family, you don't need to bear any legal responsibility. In other words, there is harassment during debt collection. Whether it is illegal or not depends on the specific situation, and it is not so absolute.

The evidence in Article 63 of the Civil Procedure Law includes: (1) the statement of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Appraisal opinions; (8) Records of the inquest. Evidence must be verified before it can be used as a basis for ascertaining facts.

Second, how to report the harassing phone call for debt collection?

Call the police to the public security organ by harassing calls for debt collection.

3. Is it illegal for debt collectors to harass their families in China?

Normal debt collection laws are allowed. If harassment affects the normal life and work of family members, it can be considered illegal according to the circumstances.

Debt collection requirements:

First, there must be documents that can prove the existence of the debt relationship. Generally speaking, such as IOUs, transaction terms in contracts, delivery notes, receipts, bank records, etc. It can be used as evidence to prove the existence of debt relationship.

Second, there must be clear information about the debtor. At present, the division and merger between companies are very common. Many companies take the opportunity of division or merger to change their names and residences, so that the original creditors can't find themselves, thus avoiding debts. Some citizens often move their accounts, and it is not easy to find them after a long time. Therefore, creditors should pay attention to the debtor's movements at ordinary times to avoid the debtor's ignorance when he maliciously evades debts.

Third, there should be an enforceable list of debtor's property. Many debtors often use the excuse that they have no money to pay their debts, but in fact many debtors hide their property. Generally speaking, it is difficult to get the real financial situation of a company, but we can take other circuitous measures, such as getting a general understanding of the other party's business situation: knowing the income of its employees to indirectly prove its financial situation, and also going to the industrial and commercial office to inquire about its enterprise files; For citizens in debt, they can know the income of their employees and families, and they can also indirectly know their solvency by accepting inheritance and gifts. You can also entrust a lawyer or court to investigate some hard-to-find evidence.

Fourth, we should pay attention to the limitation of action. According to the current laws of our country, the limitation of action for general civil rights is three years, counting from the time when you know or should know that your rights have been violated. As far as the debt problem is concerned, it is three years from the time when the debt expires and the other party refuses to pay.