Can You Be Prosecuted in Maryland for Something You Texted?

In the digital age, a text message can do more than just communicate your thoughts-it can also land you in serious legal trouble. Maryland law allows for criminal charges to be brought based solely on the content of a text. From extortion to harassment, here's what you need to know about how your texts could be used against you.

1. When a Text Message Becomes a Crime

Misuse of Electronic Communication

Under MD Code, Criminal Law, Section 3-805, it is a misdemeanor to send repeated or malicious messages that alarm, annoy, or seriously distress another person. This includes communication over text, email, social media apps, and other digital platforms. The law is especially strict when minors are targeted or harmed.

Harassment

Section 3-803 makes it a misdemeanor to engage in a course of conduct via any method, including electronic messages, with the intent to harass or seriously annoy someone after they've asked you to stop. First offenses can lead to up to 90 days in jail and $500 in fines, while repeat offenses may result in up to 180 days and $1,000 in fines.

Stalking

According to Section 3-802, stalking can include repeated unwanted texts or digital messages that cause someone fear of harm, serious emotional distress, or fear for a third party. This is a misdemeanor carrying up to 5 years in prison and a $5,000 fine. It includes using apps or devices to track someone's location without their consent.

Extortion by Written Threat

MD Code, Criminal Law, Section 3-706 prohibits sending a writing (which includes texts) that threatens to accuse someone of a crime, cause injury, inflict emotional distress, or cause property or economic damage in order to extort money, property, or anything of value. This is a felony punishable by up to 10 years in prison or a $10,000 fine.

Revenge Porn and Unlawful Distribution

Under Section 3-809, it is illegal to distribute intimate images of another person without their consent with the intent to harass or harm. This includes sending such images via text message. Violations are misdemeanors but carry up to 2 years in prison or a $5,000 fine.

Extortion Generally

Section 3-701 covers broader extortion, including threats of violence or economic injury. If a text message coerces someone to surrender money or services under threat, it could lead to felony charges, with penalties scaling up to 25 years depending on the value extorted.

Violating Peace or Protective Orders

Sending a text message in violation of a peace or protective order can result in criminal contempt or a separate misdemeanor charge under Family Law Section 4-509 and Criminal Procedure Section 6-233. These violations may carry jail time and enhance charges in ongoing domestic violence or harassment cases.

2. Common Scenarios Where Texts Lead to Charges

Breakup Threats or Intimidation: Messages demanding money or threatening reputational harm.
Exploitation of Minors: Sexting, online harassment, or fake social media accounts involving minors.
Digital Blackmail: Threats to release embarrassing or damaging information unless paid.
Violating No-Contact Orders: Messaging someone who has a protective or peace order in place.

3. Can Police Use Texts as Evidence?

Yes. Texts are routinely used as evidence in criminal cases. Law enforcement may subpoena phone records, screenshots, or even work with tech companies to retrieve deleted messages.

4. What Should You Do If You Are Being Investigated Over a Text?

If you've been contacted by law enforcement or received a summons related to text-based communication, don't respond without first consulting a lawyer. What you say next could determine whether you face charges.

At FrizWoods, we've defended clients facing:

Harassment charges stemming from texts and social media posts
Extortion and blackmail accusations involving digital messages
Revenge porn prosecutions involving private image sharing
Violations of protective or peace orders due to text communication

5. How to Protect Yourself

Avoid sending anything you wouldn't want read in court.
Refrain from texting during emotional situations.
Never share explicit images without documented consent.

FAQs

Q: Can I go to jail for sending a threatening text in Maryland?

A: Yes. If the message constitutes extortion, stalking, or harassment under Maryland law, you may face serious charges, including felonies.

Q: Are texts private under Maryland law?

A: While texts may feel private, they can be used as evidence in court and are not protected if shared by a recipient or retrieved through legal means.