Textual Harassment is very real, it is a form of discrimination, and it
is a growing concern in our new technology driven lifestyle.
In recent years many cell phone users have been sending text messages (officially Short Message Service or SMS for short) in order to easily contact and correspond with friends. As the popularization of text messaging grew rapidly in 2000, textual harassment has become epidemic in its growth and is harming cell phone users worldwide. Textual harassment has presented itself as such a problem because the laws have not been made clear.
State laws regulating electronic communication devices on school property.
www.ncsl.org/programs/lis/legislation/pagersinschools.htm
State computer harassment or "cyberstalking" laws.
www.ncsl.org/programs/lis/cip/stalk99.htm
FCC consumer facts on CAN-SPAM and cell phones.
www.fcc.gov/cgb/consumerfacts/canspam.html
FCC list of prohibited text messaging websites.
www.fcc.gov/cgb/policy/DomainNameDownload.html
The law will vary from state to state, but in California a single text message is enough to meet the definition of textual harassment if the texter threatens physical harm or is obscene. If the text does not fall into either of these categories, the messages must be repeated to be considered textual harassment.
Intent is another requirement included in most textual harassment definitions. The law generally requires that the harasser intend the messages to be viewed as harassment. Because of the need to prove intent, you should tell the harasser that you do not want to speak to the person and to stop texting. If the harasser persists after this clear message, it will be easier to prove that the intent was to harass.