Technology has transformed how people communicate, and we now have multiple platforms on which to engage with each other.
What used to require an in-person confrontation can now happen instantly through text messages, social media direct messages (DMs), or other digital platforms, leaving a digital footprint.
In Minnesota, threatening communications are taken seriously. Even if no physical harm occurs, sending threatening texts or DMs can result in criminal charges. Depending on the facts, these threats may be prosecuted as assault or under Minnesota’s Threats of Violence statute.
Don’t risk your life or future for a simple mistake. Contact a Minnesota law defense attorney and let us help you build a strong defense.
How Minnesota Defines Assault
Minnesota law defines assault in two main ways under Minn. Stat. § 609.02, subd. 10:
- Acts done with intent to cause fear in another of immediate bodily harm or death.
- Intentional infliction or attempted infliction of bodily harm.
This means a person does not need to physically hit someone to be guilty of assault. Causing fear of imminent harm through words or actions can qualify.
For example, fifth-degree assault under Minn. Stat. § 609.224 makes it a crime to “commit an act with intent to cause fear in another of immediate bodily harm or death.”
So, if a threatening text or DM makes someone believe they are in imminent danger, prosecutors may argue it qualifies as assault.
Minnesota’s Threats of Violence Statute
More often, threatening texts are charged under the Threats of Violence statute at Minn. Stat. § 609.713. This law makes it a crime to:
- Threaten to commit a crime of violence with intent to terrorize another.
- Communicate false information about explosives with the intent to cause fear.
- Display a replica firearm in a threatening way.
Key points about this statute:
- It covers threats made directly or indirectly, including electronic communications.
- A conviction can result in up to five years in prison and/or a fine of up to $10,000.
- The victim does not need to suffer physical harm—the threat itself can be enough.
This law was written to capture threats that might not fall neatly under assault but still create genuine fear and disruption. Contact a local Minnesota Attorney.
When Texts or DMs Become Criminal
Not every angry or harsh message rises to the level of a crime. To be prosecutable, prosecutors must prove:
- There was a communication. A text, DM, email, or other message.
- The intent to cause fear or terror. The sender either wanted the recipient to be afraid or acted with reckless disregard for that outcome.
- A reasonable person would feel threatened. The threat must be serious enough that an average person in the same situation would feel fear.
- Immediacy or credibility. The threat must suggest real potential for harm, not just vague or hyperbolic statements.
Examples of criminal threats:
- Texting “I’m going to come to your house tonight and hurt you.”
- Sending repeated DMs with threats like “I’ll kill you if you see me again.”
- Messaging someone a photo of a weapon with a caption like “This is for you.”
- Claiming “There’s a bomb in your apartment” even if false.
Examples less likely to result in charges:
- Saying “You’ll regret this someday” without specifics.
- Venting anger in exaggerated terms, like “I’m going to lose it if you don’t stop texting me,” unless context makes it a credible threat.
- Jokes between friends that are not meant seriously and would not reasonably be interpreted as threats.
Threatening Texts in Domestic Situations
When threats occur between people in a domestic relationship—such as spouses, partners, or co-parents—they may also fall under Minnesota’s domestic assault statute, Minn. Stat. § 609.2242.
This law makes it a crime to commit assault against a family or household member. Because assault includes causing fear of harm, threatening texts in a domestic context may lead to enhanced charges.
Consequences can include:
- Mandatory arrest in some cases.
- Orders for protection (OFPs) or no-contact orders.
- Enhanced penalties for repeat offenses.
Penalties for Threatening Texts or DMs
Depending on the statute used, consequences can include:
- Misdemeanor assault: Up to 90 days in jail and fines up to $1,000.
- Gross misdemeanor assault: Up to 1 year in jail and fines up to $3,000.
- Felony assault or threats of violence: Up to 5 years in prison and fines up to $10,000.
Collateral consequences may include:
- Loss of firearm rights.
- Employment and housing challenges.
- Negative impact on child custody cases.
- Immigration consequences for non-citizens.
How Prosecutors Prove Threatening Text Cases
Prosecutors rarely have eyewitnesses in these cases. Instead, they rely on:
- Screenshots or saved messages. Victims often present texts or DMs directly.
- Phone records or social media logs. Subpoenas can uncover deleted communications.
- Contextual evidence. Prior arguments, restraining orders, or history of conflict.
- Witness testimony. Friends or family who observed the victim’s fear or saw messages.
Because intent must be proven, prosecutors often argue that the words themselves, combined with context, show the sender’s purpose to instill fear.
Defenses to Threatening Text or DM Charges
Being accused does not mean conviction is inevitable. Strong defenses exist, including:
1. No Intent to Threaten
The defense can argue the sender did not intend the message to be threatening. It may have been sarcasm, a joke, or an expression of frustration.
2. No Reasonable Fear
Even if the message was upsetting, if a reasonable person would not interpret it as a threat of immediate harm, it may not qualify as assault or threats of violence.
3. First Amendment Protections
While true threats are not protected, speech that is hyperbolic, political, or opinion-based may be.
4. Mistaken Sender
The defense may challenge whether the accused actually sent the message, especially if accounts were hacked or shared.
5. False Accusations
In custody battles, divorces, or breakups, it is not uncommon for one party to exaggerate or fabricate claims.
6. Illegal Evidence Collection
If police obtained phone records or social media content without proper authorization, that evidence may be suppressed.
Practical Example
Scenario 1:
- Situation: During a heated breakup, one partner texts, “If I ever see you again, you’re done for.”
- Possible legal outcome: If prosecutors show the sender intended to cause fear and the recipient reasonably believed they were in danger, it could be charged as assault (fear-based) or threats of violence.
Scenario 2:
- Situation: A sarcastic DM between friends saying, “I’m gonna kill you if you eat my fries again,” where both know it’s a joke.
- Possible legal outcome: Unlikely to lead to charges, because no reasonable fear of harm exists.
What To Do If You Are Accused
- Do not delete anything. Keep all communications intact, as selective deletion may look like concealment.
- Do not contact the accuser. This can violate orders and worsen charges.
- Save evidence in context. Screenshots of full conversations can help show tone and intent.
- Hire a lawyer immediately. A Minneapolis assault lawyer can evaluate evidence, negotiate with prosecutors, and build a defense.
Key Takeaways
- Threatening texts or DMs can lead to assault charges if they cause reasonable fear of imminent harm.
- More often, they are prosecuted under Minnesota’s Threats of Violence statute, which carries up to 5 years in prison.
- Context matters. Not all angry or harsh words are criminal, but credible threats are taken seriously.
- Defenses include lack of intent, no reasonable fear, mistaken identity, and constitutional challenges.
- If accused, protect yourself by preserving evidence and speaking with a Minneapolis criminal defense attorney right away.
Contact Martine Law
If you are facing accusations based on texts or DMs, the stakes are high. These cases can be built on misunderstandings, exaggerations, or false claims, but the consequences are very real.
Martine Law has experience defending clients in assault and threats cases across Minnesota. We understand how prosecutors build these cases and know how to challenge them.
Contact us today for a confidential consultation.