It depends on the jurisdiction.
Each city, county, State, and nation may have differing laws that might be used to prosecute. The best thing (if you do want to prosecute) is that complete records are kept of the sender, and the receiver.
Unlike the internet, this is easier to track.
If you'd like to learn if it is prosecutable in your area, you'll need to identify the city, county, State, and country you live in--but I don't recommend doing that on a website like this.
What you could do is take the cell phone down to your local district attorney's office (this is the guy who prosecutes such things), let them see the message, and ask if they'd be willing to prosecute.
If they are--you've done it. If they are not interested, it doesn't matter even if it is illegal. They've just said they wouldn't prosecute the offense. (Just because something is illegal, doesn't mean anyone will be charged with a crime for doing the illegal act.)
2007-06-18 05:59:32
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answer #1
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answered by SmartAlex 3
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Yes, it is criminal harassment.
And since it is done via cell phone, which can cross state lines then that is a federal offense and can mean many years in federal prison.
2007-06-18 12:59:45
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answer #2
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answered by Anonymous
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Yes, under federal and since unsolicited and could get in the hands of a minor could also bring up the soliciting a minor laws.
2007-06-18 13:23:50
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answer #3
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answered by Anonymous
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I'm sure it can be treated in the same way as an obscene phone call. But this is just a guess.
2007-06-18 12:59:03
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answer #4
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answered by Anonymous
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Yes. And the "jurisdiction" is Federal because it is by use of a phone so it's governed by the FCC!
2007-06-18 13:04:06
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answer #5
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answered by Mickey 6
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It could easily run afoul of several statutes covering obscene calls, SPAM, and exposing minors to obscene material.
2007-06-18 13:03:47
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answer #6
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answered by wcslaw1 2
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