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Federal- Mailing Threatening Communications

Statute
18 USC 876. Mailing threatening communications

  1. Whoever knowingly deposits in any post office or authorized depository for mail matter, to be sent or delivered by the Postal Service or knowingly causes to be delivered by the Postal Service according to the direction thereon, any communication, with or without a name or designating mark subscribed thereto, addressed to any other person, and containing any demand or request for ransom or reward for the release of any kidnapped person, shall be fined under this title or imprisoned not more than twenty years, or both.
  2. Whoever, with intent to extort from any person any money or other thing of value, so deposits, or causes to be delivered, as aforesaid, any communication containing any threat to kidnap any person or any threat to injure the person of the addressee or of another, shall be fined under this title or imprisoned not more than twenty years, or both.
  3. Whoever knowingly so deposits or causes to be delivered as aforesaid, any communication with or without a name or designating mark subscribed thereto, addressed to any other person and containing any threat to kidnap any person or any threat to injure the person of the addressee or of another, shall be fined under this title or imprisoned not more than five years, or both. If such a communication is addressed to a United States judge, a Federal law enforcement officer, or an official who is covered by section 1114, the individual shall be fined under this title, imprisoned not more than 10 years, or both.
  4. Whoever, with intent to extort from any person any money or other thing of value, knowingly so deposits or causes to be delivered, as aforesaid, any communication, with or without a name or designating mark subscribed thereto, addressed to any other person and containing any threat to injure the property or reputation of the addressee or of another, or the reputation of a deceased person, or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both. If such a communication in addressed to a United States judge, a Federal law enforcement officer, or an official who is covered by section 1114, the individual shall be fined under this title, imprisoned not more than 10 years, or both.

Jury Instruction
(Using the mail to transmit a demand or request for reward or ransom for the release of any kidnapped person):

The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant knowingly deposited or caused to be deposited in the mail, for delivery by the United States Postal Service, a demand or request for ransom for the release of a kidnapped person;
  2. That the Defendant sent or caused to be sent that demand or request with an intent to extort money or some other thing of value; and
  3. That the Defendant did so knowingly and willfully.

To act with intent to “extort” means to act with the intent to obtain money or something of value from someone else, with his or her consent, but induced by the wrongful use of actual or threatened force, violence or fear.

A “thing of value” includes property rights or other tangible objects as well as any intangible objects of value to the Defendant.

The essence of the offense is the willful transmission of an extortionate communication through the use of the mails with the intent to obtain money or other thing of value for the release of a kidnapped victim, and it is not necessary to prove that the Defendant actually participated in any kidnapping or succeeded in obtaining the money or other thing of value.

(Using the mails to transmit an extortionate communication):
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant knowingly deposited or caused to be deposited in the mail, for delivery by the United States Postal Service, a communication containing a true threat, as charged;
  2. That the nature of the threat was to kidnap or injure the person of someone; and
  3. That the Defendant made the threat willfully and with the intent to extort money or other thing of value.

A “true threat” is a statement expressing an intention to kidnap someone or to inflict bodily injury on someone, and it means a real or serious threat as distinguished from idle or careless talk, or something said in a joking manner. A statement is a true threat if it was made under such circumstances that a reasonable person would construe it as a serious expression of an intent to kidnap or to injure another person.

To act with intent to “extort” means to act with the intent to obtain money or something of value from someone else, with his or her consent, but induced by the wrongful use of actual or threatened force, violence or fear.

A “thing of value” includes property rights or other tangible objects as well as any intangible objects of value to the Defendant. The essence of the offense is the knowing conveyance through the mail of a threat to kidnap or injure the person of someone, willfully made with intent to extort money or something of value; and it is not necessary to prove that any money or other thing of value was actually paid or that the Defendant actually intended to carry out the threat.

(Use of the mails to transmit a threat to kidnap or injure someone):
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant knowingly deposited or caused to be deposited in the mail, for delivery by the United States Postal Service, a communication containing a true threat to kidnap or injure someone, as charged; and
  2. That the Defendant did so knowingly and willfully.

A “true threat” means a serious threat as distinguished from idle or careless talk, or something said in a joking manner. A statement is a true threat if it was made under such circumstances that a reasonable person would construe it as a serious expression of an intent to kidnap or to injure another person.

The essence of the offense is the willful transmission of a true threat through the use of the mails. It is not necessary that anyone actually intended to carry out the threat.

(Use of the mails to transmit any threat to injure the property of another, injure the reputation of another person, or accuse another person of a crime):
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant knowingly deposited or caused to be deposited in the mail, for delivery by the United States Postal Service, a true threat to injure the reputation of someone, to injure the property of someone, or to accuse someone of a crime, as charged; and
  2. That the Defendant made the threat willfully and with intent to extort money or other thing of value.

A “true threat” means a serious threat as distinguished from idle or careless talk, or something said in a joking manner. A statement is a true threat if it was made under such circumstances that a reasonable person would construe it as a serious expression of an intent to injure the property or reputation of another person or accuse another person of a crime.

To act with intent to “extort” means to act with the intent to obtain money or something of value from someone else, with his or her consent, but induced by the wrongful use of actual or threatened force, violence or fear.

A “thing of value” includes property rights or other tangible objects as well as any intangible objects of value to the Defendant.

The essence of the offense is the willful transmission by mail of an extortionate communication with the intent to obtain money or other thing of value, and it is not necessary to prove that the Defendant actually succeeded in obtaining the money or other thing of value, or that anyone actually intended to carry out the threat.