text messages charges

In today’s digital age, text messages and direct messages (DMs) are often treated as casual conversations, but what many people don’t realize is that these messages can have serious legal consequences. In Washington State and beyond, courts increasingly use text-based evidence in criminal cases. But when can a text message land you in legal trouble? Let’s take a closer look.

When Can Text Messages Lead to Criminal Charges?

Threats and Harassment

Under Washington law (RCW 9A.46.020), making threats of violence or harm via text can be classified as a crime. If a message is considered a “true threat”—one that a reasonable person would take seriously—the sender could be charged with harassment, cyberstalking, or even making terrorist threats.

Solicitation of a Crime

Encouraging someone to commit a crime via text, such as hiring a person for illegal activity or urging someone to engage in criminal behavior, can lead to criminal solicitation charges. This includes anything from drug transactions to acts of violence.

Conspiracy

If two or more people discuss committing a crime over text and take steps toward carrying it out, they may be charged with conspiracy. In Washington, conspiracy charges do not require the crime to be completed—merely planning and taking steps toward committing it is enough.

Evidence of Criminal Intent

Even if a text message itself is not illegal, it can serve as evidence of intent in a criminal case. For example, texts discussing a plan to commit fraud, distribute drugs, or harm someone can be used by prosecutors to build a case.

Distribution of Explicit Content Involving Minors

Sending or receiving explicit images of minors—commonly known as “sexting”—can lead to serious charges, including possession or distribution of child pornography, even if both parties are minors themselves.

Obstruction of Justice or Tampering with Evidence

If someone texts another person instructing them to delete evidence, avoid testifying, or lie to law enforcement, they could be charged with obstruction of justice or witness tampering.

Defenses to Text-Based Criminal Charges

If you or someone you know is facing criminal charges based on text messages, possible defenses include:

  • Lack of intent – Was the message a joke or taken out of context?
  • No credible threat – Were the words exaggerated or unrealistic?
  • Unauthorized use – Did someone else send the messages from your phone?
  • Unlawful search and seizure – Were the messages obtained illegally by law enforcement?

Text messages may seem like private, informal communication, but they can have major legal consequences. If you’re facing charges related to text messages, it’s essential to consult with an experienced criminal defense attorney who can examine the evidence and build a strong defense. At the Law Office of Erin Bradley McAleer, we understand the complexities of digital evidence and are prepared to defend your rights. Call us today at (360) 334-6277 to get the legal representation you deserve!