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Federal- Threats by Mail or Telephone

Statute
18 USC 844(e). Making Threats by Mail or Telephone.

Whoever, through the use of the mail, telephone, telegraph, or other instrument of interstate or foreign commerce, or in or affecting interstate or foreign commerce, willfully makes any threat, or maliciously conveys false information knowing the same to be false, concerning an attempt or alleged attempt being made, or to be made, to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property by means of fire or an explosive shall be imprisoned for not more than 10 years or fined under this title, or both.

Jury Instruction

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 made, or caused to be made, a threat to kill, injure, or intimidate any individual, or unlawfully damage or destroy a building by means of fire or an explosive, as charged;
  2. That the Defendant used, or caused to be used, an instrument of commerce, such as the mail or a telephone to communicate the threat; and
  3. That the Defendant acted knowingly and willfully.

A “threat” means a statement expressing an intention to kill, injure, or intimidate an individual, or to unlawfully damage or destroy a building by means of fire or an explosive, and made with the intent that it be understood by others as a serious threat. It is not necessary to prove that the Defendant actually intended to carry out the threat.