Threats sent by WhatsApp are a crime when they announce serious and credible harm. If the harm announced is itself a crime (attacking you, killing you, setting your car on fire), article 169 of the Spanish Criminal Code (Código Penal, CP) applies: six months to two years in prison, and more if something is demanded in return; if a conditional threat is made in writing or by telephone, the penalty is imposed in its upper half. Minor threats are punished with a fine of one to three months (art. 171.7). Persistent harassment is a separate offence (art. 172 ter).
Receiving threats on WhatsApp causes fear and raises many questions: whether it is “serious enough”, whether a screenshot will do, or whether reporting it will make things worse. We explain when a message is a crime, what kind of crime, how to preserve the evidence and what a threats and coercion lawyer in Alicante can do for you, whether you are the one receiving the messages or the one accused of sending them.
When a message is a criminal threat
Not every unpleasant message is a crime. The courts look at the full context of the conversation and check whether the harm announced is serious, specific and credible, whether it depends on the will of the person making the threat and whether it is capable of intimidating someone in that situation. A sentence said in the heat of an argument may not be a crime; the same sentence repeated, with details about where you live or what time you leave home, probably is.
The medium does not change the essence of the offence: a threat sent by WhatsApp, Telegram, social media or email is just as much a threat as one made in person. And with serious conditional threats, making them in writing or by any means of communication increases the penalty.
Types of threats and penalties
| Type | Example | Penalty |
|---|---|---|
| Threat of harm that is a crime, without a condition (art. 169.2) | “I’m going to kill you” | Six months to two years in prison |
| Threat of harm that is a crime, with a condition (art. 169.1) | “If you don’t pay me, I’ll burn your car” | One to five years in prison if the person achieves their aim; six months to three years if not. In the upper half if made in writing, by telephone or by any means of communication |
| Threat of harm that is not a crime, with a condition (art. 171.1) | “If you don’t take down the review, I’ll tell your boss you’re always late” | Three months to one year in prison or a fine of six to 24 months |
| Demanding money under threat of revealing private matters (art. 171.2) | Blackmail with intimate photos or conversations | Two to four years in prison if the person succeeds; four months to two years if not |
| Minor threat (art. 171.7) | Less serious intimidating messages | Fine of one to three months; prosecuted only if the victim files a complaint |
Blackmail using intimate images or data taken from your phone may also involve cybercrime or offences against privacy, which we handle through our cybercrime lawyer service.
Coercion and harassment: when it is not just a threat
Coercion (art. 172)
Coercion is committed by anyone who, without legitimate authority, uses violence to prevent another person from doing something the law does not prohibit, or forces them to do something they do not want to do. The penalty is six months to three years in prison or a fine of 12 to 24 months; minor coercion is punished with a fine of one to three months and is prosecuted only if the victim files a complaint. The penalty is increased if the aim is to prevent the lawful enjoyment of a home.
Harassment or stalking (art. 172 ter)
If the messages are insistent and repeated, the problem may be harassment. Article 172 ter punishes with three months to two years in prison or a fine of six to twenty-four months anyone who, without legitimate authority, contacts or tries to contact another person insistently and repeatedly by any means of communication or through third parties, and thereby disrupts the normal course of their daily life. It also punishes watching or following the victim, or using their personal data to take out services or to get others to contact them.
Harassment is prosecuted only if the victim files a complaint, except within the family. And using someone’s image without their consent to open fake profiles that cause them harassment or humiliation is punished with three months to one year in prison or a fine of six to twelve months (art. 172 ter.5). If the messages also contain insults or false accusations, we explain this in defamation on social media.
Important: if the person threatening you is your partner or former partner, the Criminal Code punishes even minor threats and coercion more severely (arts. 171.4, 171.7 and 172.2) and you can apply for a protection order. We deal with this on our website specialising in gender-based violence. If you are in immediate danger, call the police first and then speak to us.
How to preserve the messages as evidence
- Do not delete the conversation or block the sender before saving it. If you block them, do so after you have preserved everything.
- Take full screenshots showing the sender’s number or profile, the date and time, and the context before and after. A single sentence on its own carries less weight.
- Export the chat using the app’s own function and keep the original voice notes, images and videos.
- Keep the phone. If the other party denies sending the messages, it may be necessary to check them on the device itself or to obtain a digital forensic expert report.
- Do not reply with threats. Answering in the same tone could get you reported too.
Screenshots can be submitted as evidence, but if their authenticity is challenged, the person submitting them may have to prove it with the phone, the testimony of the other party to the conversation or an expert report. That is why it is best to prepare the evidence before reporting.
Reporting and protective measures
You can report the threats at a police station, to the Guardia Civil or at the court. Provide the screenshots, the exported chat and any details you have about the sender. If the number is unknown or the profile is fake, the court can ask telephone operators and platforms for the data needed to identify them.
Bear two points in mind: minor threats and coercion, and harassment outside the family, are prosecuted only if you file a complaint, and minor offences (delitos leves) become time-barred after one year. If the case concerns a minor offence, the police may summon the parties to an immediate trial; we explain this in how a trial for a minor offence works.
Threats and coercion are offences against freedom, so the judge can order, as a precautionary measure, a ban on approaching or communicating with the victim (article 544 bis of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal, LECrim, in conjunction with article 57 of the Criminal Code). The protection order under article 544 ter is reserved for domestic and gender-based violence.
If you are accused of making threats on WhatsApp
From the other side, the defence usually focuses on context: a heated argument between both parties, cropped messages, jokes between acquaintances or phrases with no real capacity to intimidate. It is also common to dispute who wrote the message or the integrity of the screenshots. Do not delete your conversations or contact the complainant, and do not make a statement without first speaking to your lawyer.
Reporting threats in Alicante
In Alicante you can report at any National Police (Policía Nacional) station or Guardia Civil post, or at the duty court, which according to the Generalitat Valenciana directory is at Avenida de Aguilera, 53. Following Organic Act 1/2025 (Ley Orgánica 1/2025), the investigation is handled by the Investigating Section of the Court of First Instance (Sección de Instrucción del Tribunal de Instancia).
At our firm we first review the full conversation to assess whether there is an offence and which one, we prepare the digital evidence, draft the complaint and apply for any protective measures that are appropriate. If you are the one reported, we analyse the context and support you from the first summons. Our team will assist you in your language.
If this is your situation, you can talk to a criminal lawyer in Alicante: at Celeste Pérez Bleda’s office we review your case and tell you clearly what your options are.
Frequently asked questions
Is it a crime to write “you’ll be sorry” on WhatsApp?
It depends on the context. A vague phrase in an argument may not be criminally relevant, but if it comes with other messages, references to your home or family, or a history of violence, it may be a minor or even a serious threat. The courts assess how serious the message is and its real capacity to intimidate, not just the words.
Are screenshots valid as evidence?
Yes, they can be submitted at trial. But if the other party denies sending the messages, the person submitting them may have to prove their authenticity, for example by checking the phone or with a digital forensic expert report. That is why it is important not to delete the conversation, to keep the device and to take full screenshots showing the number, date and context.
What do I do if I am threatened from a hidden number or a fake profile?
Keep the messages, the number or username and any detail that could help identify the sender, and report it. During the investigation, the court can ask the operator or platform for information to identify the account holder. If the profile uses your image to humiliate or harass you, it may also be an offence under article 172 ter.5.
Can I get a restraining order because of threats?
Yes. As threats are an offence against freedom, the judge can impose, as a precautionary measure, a ban on approaching or communicating with you when this is necessary to protect you (article 544 bis of the Criminal Procedure Act). If the person threatening you is your partner or former partner, you can also apply for a protection order.
How long do I have to report threats?
If they are minor threats, the offence becomes time-barred after one year. Serious threats have longer limitation periods: as a general rule, five years for those punishable by up to five years in prison. Even so, do not wait: the sooner you report, the easier it is to preserve the digital evidence and identify the perpetrator. We explain this in limitation periods for criminal offences.
If you are receiving threats or have been reported over some messages, talk to us before taking the next step. We review the conversation and tell you whether there is an offence and how to act. You will find all the information on our specialist threats and coercion lawyer page, and you can message us on WhatsApp at 607 449 491, 24 hours a day: we will reply straight away. Our team will assist you in English.
