A Primer on Text-Message Harassment
The concept of text message harassment in Maryland law is closely related to the traditional forms of harassment under criminal and civil harassment laws. In short, it is a crime in Maryland to harass another person via text messages, or threats transmitted through text messages, or even contacting someone by text message repeatedly with the intent to annoy, alarm, terrorize, threaten, or coerce. Additionally, under many other laws including the Maryland Protection of Victims of Domestic Violence Act, text message harassment is a means, method or tool of avenue through which a stalking is accomplished.
Text message harassment may also be a civil action under Maryland law such as civil cases where a restraining order is filed — the cases set forth in MD Maryland Courts & Judicial Proceedings Code § 3-1501 , MD Family Law Code §§ 4-501 et seq., and MD Criminal Law Code §§ 3-1501 et seq. — or even in the nature of tort action where civil suits are filed. The idea behind text message harassment, as well as all forms of harassment, is aimed at specifically prohibiting conduct that is intended to annoy, alarm, terrify, threaten or coerce another person.
The reason text message harassment is such a growing concern in the digital age is because the use of smart phones and the pervasive nature of text messaging created by our society means that harassment is more accessible, available and commonplace than ever. Harassment can be conducted and perpetrated through text messages instantly and almost invisibly to authorities. However, there is very little data and empirical evidence on the issue of text message harassment today.
When Harassment Laws Apply in Maryland
The state of Maryland takes harassment seriously and treats it as the unlawful abuse inflicted by one person upon another. Text message harassment is punishable under both criminal law and civil law within the state of Maryland. In criminal law, the statute that outlines the violation is Criminal Law §3- 801. In it, the state of Maryland deals with harassment as follows:
"(a) Prohibited: A person may not engage in a course of conduct directed at a specific individual that causes serious emotional distress to the individual and serves no legitimate purpose.
(b) Applicability to certain conduct: This section may not be construed to prohibit constitutionally protected activity or activity that serves a legitimate purpose.
(c) Penalty: A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both."
And regarding harassment using electronic communication, the criminal statute is outlined in Criminal Law § 3-805. In summary, guilt is outlined if a person knowingly uses any electronic communication with the intent to harass, annoy, course or alarm any other person, including but not limited to, anonymous messaging. As these communicative methods are constantly evolving, the Maryland courts will look to legislative intent and the explication of the statute in order to address whether new methods are included. In the case where there has been no precedent on the usage of new methods, the legislature has amends the statute to address its applicability. Most recently the legislature added "uses an electronic communication to harass, alarm, or distress another by making or causing the telephone of another to ring or setting a telecommunications device in the residence or place of business of another to ring with intent to harass, alarm, or distress the person receiving the call, and without the purpose of legitimate communication." Therefore, using any phone devices or internet based applications to intentionally frighten or abuse another person would fall under the scope of these two statutes:
Criminal Law § 3-802 (a)(2), involving intentionally causing a person to fear for his or her physical safety by intentionally alarming or physically injuring a person
and Criminal Law § 3-805, involving using text messaging to harass, alarm or distress another.
On top of this, the state of Maryland has a law against cyber bullying. Cyber bullying targets minors and is codified under Criminal Law § 3-805.1. The definition of cyber bullying includes using an electronic device to ‘deliberately humiliate or degrade another by the transmission or posting of material.’ There is a narrower provision for the school environment and education institutions attached to Cyber Bullying; it addresses a policy for the adoption of a prohibition of harassment, intimidation and bullying in public and nonpublic schools in the state.
Penalties Regarding Text-Message Harrassment in Maryland
The penalties for text message harassment under Maryland law can be severe, as the behavior is taken very seriously. A conviction and subsequent sentencing under this chapter does not prohibit or suspend a civil cause of action against a person convicted under this chapter.
For those engaging in a course of conduct that harasses or annoys another individual, it is a misdemeanor under Maryland Criminal Law § 3-805, punishable by a fine of up to $500 and/or up to 90 days in jail. Further, those who contact or cause to be contacted an individual with the intent to harass, intimidate or annoy another person is prohibited under Maryland Cyberbullying Statute MD Code CR, § 3-805; however, this particular section carries no civil or criminal penalties as of this writing.
An individual is subject to legal limitations after being convicted of harassment. For example, an individual is prohibited from registering or maintaining an account with any electronic device service that enables communication with other users. Further, a person committing an offense under this statute who is subject to probation under any state or local law or program related to offenses against young or vulnerable individuals must complete a course or program on dealing with the motivation, attitudes, and behaviors of those who offend against these individuals.
Seeking Help and Reporting Intimidation
Victims of text message harassment have robust options for reporting such behavior to the police in Maryland. Indeed, law enforcement agencies now regularly receive complaints from victims about harassing text messages. Police officers understand the sting of constant unwanted communications can be as painful and damaging as other forms of harassment such as sexually explicit comments and physical violence. Such officers are acutely aware of how a primary burden of such conduct is the unwanted, intrusive and even threatening nature of the communications in question.
Maryland law allows victims of harassing text messages to report such conduct to a police officer or sheriff for investigation of allegations of violation of the following offenses: (1) Harassment under Md. Criminal Law Code Ann. § 3-803, (2) Malicious destruction of property under Md. Criminal Law Code Ann. § 6-301; (3) Stalking under Md. Criminal Law Code Ann. § 3-802, and (4) Violation of a protective order under Md. Family Law Code Ann. § 4-506, (5) Violation of a peace order under Md. Code Ann., Cts. & Jud. Proc. §§ 3-1501 et seq., and (7) Safety of Vulnerable Adults under Md. Criminal Law Code Ann. §§ 8-803(a)(b),(e), (8) Threat of Arson or Burning of Property Under Md. Criminal Law Code Ann . §§ 6-104.1(a), and (9) First-Degree Assault with intent to frighten or injure under Md. Penal Code Annotated § 3-202.
The manner of reporting the conduct to law enforcement is an issue in need of careful consideration by a victim of text message harassment. Police may permit the complainant to report harassment anonymously, but Maryland law requires the complainant to provide their name. Disabled individuals must be advised of their right to communicate their disability to the law enforcement agency to which they report the harassment. In addition, persons with a developmental disability may not be required to report the harassment in person to a law enforcement agency.
Law enforcement agencies in Maryland often express a preference for the complainant to report incidents involving repeated unwanted text messages by telephone or in person to the Maryland Statewide Automated Information and Map System (SAIMS) in his or her jurisdiction. This provides a uniform reporting system statewide for all law enforcement agencies in Maryland. Law enforcement agencies are generally familiar with such complaints, and the patter of reporting throughout the state is often helpful in the investigation of such complaints. The SAIMS toll free number is (855) 642-8585.
Precautionary Measures and Getting Legal Advice
To help prevent against becoming a victim of text message harassment, it is important to take several basic measures. First, to avoid being sent unwanted text messages, you may want to think about selectively disclosing your phone number only to those individuals that you wish to send and receive text messages with. This can be more difficult today given the evolution of smartphone technology and the role that text-messaging plays in everyday life but if you are selective about the dissemination of your phone number you can help prevent individuals from sending unwanted messages. It is also important to think about blocking unwanted senders from communicating with you. Most smartphones have features that allow for easy blocking of individuals, which will prevent someone from contacting an individual’s phone without consent.
With regard to unwanted text message communications, there are several important things to keep in mind before you decide how to handle the situation. If you believe that the communications are of a legitimate concern, it is important to document what has already taken place and contact authorities. It is important to save the text messages or voicemails in their original form without deleting them from your phone or computer. When you receive unwanted messages, do not respond to messages or attempt to engage the sender. Generally, the best response is no response at all. Instead, simply document the information for your records. This will make it easier for any potential investigators to utilize this evidence when trying to assist you.
There are many individuals that have a thorough understanding of laws surrounding text message harassment and can assist victims that wish to pursue legal action. If you would like additional information regarding your legal rights it is important to contact an experienced Maryland criminal attorney.
Conclusion and the Road Ahead
As with most things that evolve quickly, so too have our laws. The law, in its very nature, is meant to catch up with rather than lead the way. Because harassment is an ever-evolving form of abuse, so too must our laws be ever evolving. Fortunately , Maryland stays on top of these issues. It was just in 2022 that Maryland introduced the Confidentiality in Domestic Violence Cases law. This requires the disclosure of all cell phone numbers. It is likely that the Maryland legislature will continue to stay on top of the future of communications in general, and text messages specifically, to counteract the effects of harassment through this channel. The future may be brighter for those who have been victims of text message harassment, as it is possible that protections will increase over time.