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Could I Really Be Arrested for Texting Someone?
Yes—and in Mississippi, it happens more often than people realize. We regularly represent people in Jackson and across the state who never intended to commit a crime but are charged with stalking, cyberstalking, or harassment based on phone calls, texts, emails, or social media activity.
How Text Messages Can Lead to Criminal Charges in Mississippi
Every day, people across Mississippi pick up their phones and make decisions that feel reasonable in the moment—but can create serious legal problems. Sending repeated texts to an ex, posting angry messages on social media, or creating fake profiles to check on someone can all trigger criminal charges for stalking, cyberstalking, harassment, or online impersonation.
Most people charged with these crimes never intended to break the law—they act emotionally, whether angry, heartbroken, or desperate. Phones and computers create a dangerous blind spot where behavior crosses legal boundaries before people realize it.
As criminal defense attorneys, we see this pattern often. High-earning, professional, or otherwise “good” people with no criminal history find themselves facing serious charges simply because they didn’t understand Mississippi’s broad stalking and harassment laws. Once charged, the damage to reputation, employment, and family relationships can be immediate—even if you’re ultimately found not guilty.
What Mississippi Law Considers Stalking
Mississippi Code Section 97-3-107 defines stalking as purposefully engaging in a pattern of conduct directed at a specific person, or making a credible threat, that would cause a reasonable person to fear for their safety or property.
“Course of conduct” means multiple actions—following someone, monitoring them, or contacting them via phone, mail, or electronic communication. Two or more acts over any period of time can constitute stalking.
For example: after a breakup, you send texts, leave voicemails, drive by, and message on social media. You may feel you’re just communicating, but legally, this can be stalking. The critical question is whether a reasonable person in the victim’s circumstances would fear for their safety. Intent to scare is not required, nor is proof that the person expressed discomfort.
Understanding the “Reasonable Person” Standard
The “reasonable person” standard is low. If you’ve sent angry messages, shown up where someone is, or contacted them after being told to stop, a prosecutor can argue a reasonable person would feel fear.
Basic stalking is a misdemeanor: up to one year in county jail, a $1,000 fine, and court costs. Violating a protective order raises the fine to $1,500. Even misdemeanors carry serious collateral consequences, including criminal records, job loss, professional license issues, and impact on child custody.
Aggravated stalking—a felony—applies if a deadly weapon is involved, if you have a prior stalking conviction within seven years, or if you’re a registered sex offender and the victim is under 18. Deadly weapon can include items beyond guns or knives, like a baseball bat or wrench. Repeat offenses can elevate charges, even years later.
Cyberstalking in Mississippi: Risks and Penalties
Mississippi Code Section 97-45-15 makes cyberstalking a felony, punishable by up to two years and a $5,000 fine for basic offenses, or up to five years and a $10,000 fine for violations of restraining orders, probation, or parole.
Cyberstalking involves electronic communication intended to threaten, harass, or terrorize, including false statements about injury, illness, or criminal conduct of the victim or their family.
The word “harass” is subjective. Repeatedly emailing an ex, contacting a former business partner, or posting critical social media content could all be considered cyberstalking depending on how prosecutors interpret intent. Even allowing someone else to use your device for prohibited purposes—like a teen using a family computer—can make you legally responsible.
Electronic Harassment: Phones, Social Media, and Computers
Mississippi Code Section 97-29-45 criminalizes obscene or threatening electronic communications, repeated calls to annoy or harass, and calls without revealing your identity with intent to harass.
First offenses carry up to $500 in fines or six months in county jail. Second offenses or beyond are felonies: up to five years in prison and $10,000 fines.
Even legitimate concerns—like trying to resolve divorce issues or check on your children—can cross into criminal behavior if repeated or harassing. Blocking your number or using another phone to contact someone with intent to harass is also prohibited.
Where People Cross the Line Without Realizing It
Common scenarios that lead to charges include:
- Breakups and divorces: Persistent calls or messages to an ex for closure or reconciliation.
- Child custody disputes: Repeatedly contacting an ex about children or expressing concerns to family members.
- Workplace or business conflicts: Angry emails, calls, or appearing at offices after termination or disputes.
- Social media: Posts, fake accounts, or repeated interactions that may seem harmless but constitute harassment.
Even well-intentioned behavior can quickly escalate into criminal liability.
How to Protect Yourself From Being Charged with Stalking or Harassment
The best defense is prevention.
- Respect requests to stop communication.
- Avoid repeated messages or calls in a short period.
- Keep communications calm, factual, and non-threatening.
- Avoid venting on social media, creating fake accounts, or monitoring someone.
- In parenting situations, focus communication strictly on the children, preferably through court-approved apps.
Steps to Take if You Are Accused of Stalking in Mississippi
If accused of stalking or harassment, never try to explain yourself to police without an attorney. Stop all contact with the accuser and preserve all evidence. Early involvement of a criminal defense attorney can prevent charges or improve outcomes if filed.
Comply absolutely with any protective orders. Violations worsen charges and can create additional criminal liability.
Protecting Yourself as a Potential Victim
- Clearly tell the person to stop, preferably in writing.
- Document all interactions with dates and details.
- Adjust social media privacy settings and protect your location.
- Report persistent behavior to police and consider protective orders.
- Inform trusted friends, family, or employers for safety and witness purposes.
Collateral Consequences of Stalking and Harassment
Even misdemeanors have serious long-term effects:
- Background checks, employment, and licensing issues
- Impact on child custody and visitation
- Immigration consequences, including deportation
- Firearm restrictions under federal law
- Insurance, housing, and probation implications
How Emotions Can Lead to Criminal Liability in Mississippi
Most defendants are ordinary people acting emotionally: heartbroken, angry, protective, or caring. Intent to break the law is irrelevant; the law focuses on conduct and impact.
Having trusted advisors, therapists, or support networks is crucial to avoid making decisions that can result in criminal liability.
Frequently Asked Questions About Stalking & Harassment in Mississippi
Can I really be charged if I never threatened anyone?
Yes. Mississippi law does not require threats. Repeated contact or behavior that causes fear or distress can be enough to support criminal charges.
How many texts or calls count as stalking?
There is no specific number. Two or more actions—texts, calls, emails, messages, or in-person contact—can be considered a “course of conduct.”
What if I was just trying to talk about my kids, money, or property?
Having a legitimate topic does not automatically make repeated communication legal. If the manner or frequency of contact causes fear or distress, charges may still apply.
Does it matter that I didn’t mean to scare or harass anyone?
No. Intent to cause fear is not required. Courts look at how the behavior would affect a reasonable person in the same situation.
Should I explain my side to the police if they contact me?
No. You should speak with a criminal defense attorney before answering questions. Even innocent explanations can be misunderstood or used against you.
What should I do if someone accuses me of stalking or harassment?
Stop all contact immediately and contact a criminal defense attorney. Any continued communication—even to “clear things up”—can worsen the situation.
Conclusion: Your Phone Is Not Your Friend When You’re Upset
Phones and computers make it easy to act impulsively during emotional times. Mississippi’s stalking, cyberstalking, and harassment laws capture behavior that seems normal or justified.
Prevention is key: respect boundaries, control emotions, and avoid repeated or threatening communications. Once charged, the consequences are severe and life-altering. Protect yourself by controlling your behavior before your phone or computer puts you in legal jeopardy.
At Coxwell & Associates, PLLC, we have defended clients in Jackson and across Mississippi facing stalking, cyberstalking, and harassment charges. We regularly see how quickly everyday behavior can turn into criminal accusations—and how aggressively prosecutors pursue these cases.