1. Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or knowingly and willfully otherwise makes any such threat against the President, President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect, shall be fined under this title or imprisoned not more than five years, or both.
2. The terms “President-elect” and “Vice President-elect” as used in this section shall mean such persons as are the apparent successful candidates for the offices of President and Vice President, respectively, as ascertained from the results of the general elections held to determine the electors of President and Vice President in accordance with title 3, United States Code, sections 1 and 2. The phrase “other officer next in the order of succession to the office of President” as used in this section shall mean the person next in the order of succession to act as President in accordance with title 3, United States Code, sections 19 and 20.

Jury Instruction

1. That the Defendant mailed, wrote, or said the words alleged to be the threat against the President as charged in the indictment;
2. That the Defendant understood and meant the words as a true threat; and
3. That the Defendant mailed, wrote, or said the words knowingly and willfully.

A “threat” is a statement expressing an intention to kill or injure the President; and a “true threat” means a serious threat as distinguished from words used as mere political argument, 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 inflect bodily harm upon or to take the life of the President.

The essence of the offense is the knowing and willful making of a true threat. So, if it is proved beyond a reasonable doubt that the Defendant knowingly made a true threat against the President, willfully intending that it be understood by others as a serious threat, then the offense is complete; it is not necessary to prove that the Defendant actually intended to carry out the threat.