18 U.S.C. § 875 – Interstate communications – threats

18 U.S.C. § 875 – Interstate Communications – Threats

18 U.S.C. § 875 is a federal law that makes it illegal to transmit threatening communications in interstate or foreign commerce. This law was enacted to criminalize threats made across state lines or international borders, protecting people from harm caused by threatening communications sent through mail, phone calls, online messages, etc. Let’s break down what this law covers, penalties for violating it, defenses, and some examples.

What the Law Covers

There are a few key elements that make up an 18 U.S.C. § 875 violation:

• Transmission of a communication containing a threat
• Threat must be to kidnap or injure a person
• Communication transmitted in interstate or foreign commerce

The law covers any kind of threat made across state or national borders, whether through mail, phone call, email, social media, etc. The threat can be against any person and does not have to identify a specific victim. Simply making a general threat to kidnap or injure someone is enough, as long as the threat could reasonably be perceived as genuine.

Penalties

Violating 18 U.S.C. § 875 can lead to:

• • Up to 5 years in federal prison
  • Fines up to $250,000 for individuals or $500,000 for organizations
  • Probation

Restitution to victims

Penalties tend to increase for repeat offenders or if the threat is against high-profile victims like politicians or judges. The law treats these threats very seriously.

Defenses

There are a few defenses that may apply in 18 U.S.C. § 875 cases:

• Free speech – Threats must overcome First Amendment protections for free speech. Hyperbolic political speech or jokes may be protected.
• Mental state – The defendant must have intended the communication to be threatening or at least been reckless about how it would be perceived.
• Misidentification – The threat must identify an actual person who could realistically be kidnapped or injured based on the communication.
• Impossibility – A threat to injure someone who is already deceased may not be valid.

An experienced criminal defense lawyer can analyze the specifics of your case and build the strongest defense.

Case Examples

Here are some real cases prosecuted under 18 U.S.C. § 875:

• A man angry about taxes emailed threats to kidnap and injure IRS employees. He was convicted and sentenced to 37 months in prison.
• An online gamer threatened in a chat room to injure police officers. He pled guilty and was sentenced to 1 year in prison.
• A YouTube commenter threatened a mass shooting at the University of Tampa. He was sentenced to 33 months in prison.

As these examples show, online threats are prosecuted just as aggressively as threats sent through other means of communication across state lines. Law enforcement takes these cases very seriously.

Discussion

There are certainly pros and cons to having a law like 18 U.S.C. § 875. On one hand, threatening speech can cause real fear and distress, so having legal recourse seems reasonable. People shouldn’t have to worry about dangerous threats from other states. But on the other hand, setting limits on speech starts down a slippery slope. It’s hard to define what counts as a “true threat” vs hyperbole. And the penalties seem disproportionately harsh in some cases.

Personally, I think the law is too broad as written. It would be better to limit threats to specific people, rather than general threats. And perhaps require some showing that the threat is credible based on the suspect’s means and opportunity. Otherwise it risks criminalizing speech that may be disturbing but not truly dangerous. But reasonable people can disagree on where to draw the line between free speech and threats.

The main takeaway is that online communications are treated the same as threats sent through other means across state lines. So think carefully before making any threatening statements, even if just intended as a joke. Prosecutors take these cases seriously, and claiming you didn’t really mean it is not a guaranteed defense.

If you find yourself accused under this statute, immediately consult with a criminal defense attorney experienced with these types of cases. An attorney may be able to get charges reduced or dismissed by raising free speech or mental state defenses. Don’t take chances – get professional representation.

References

• 18 U.S. Code § 875 – Interstate communications – Law.Cornell.Edu
• 18 U.S. Code § 875 – U.S. GovInfo
• 18 USC Ch. 41: EXTORTION AND THREATS – U.S. Code
• 18 U.S.C. § 875 – FindLaw
• Analyses of 18 U.S.C. § 875 – Casetext
• 8.13 Transmitting a Threat (18 U.S.C. § 875(c)) – 9th Circuit Model Jury Instructions