It's not illegal to knowingly text somebody who is driving. Yet. But it soon might be.
The new information comes out a case that was open for an accidnet that happened in 2009. An 18-year-old was texting and driving when his vehicle drifted over the center lane and struck a couple riding on a motorcycle, badly injuring both. The New Jersey Appeals Court ruled in favor of the two who were seeking. However, the 17-year-old girlfriend who was texting the driver was also called into question. She was not charged, as it was confirmed she did not know that her boyfriend was driving at the time.
But although she was free of anything this time, the case has brought on the new idea of the texter being at fault, if they knowingly text a person who is driving. It's not illegal yet, but this definitely leads us to believe it could be in the future.