18 U.S.C. § 871 – Threats against the President and successors

Threatening the President: What You Need to Know About 18 U.S.C. § 871

Making threats against the president of the United States, or any other government officials in the line of presidential succession, is a serious federal crime. But what exactly does the law say about threatening the president? And what are the potential penalties? This article provides a plain English overview of 18 U.S.C. § 871 and what it means for everyday people.

What is 18 U.S.C. § 871?

18 U.S.C. § 871 is a federal law that makes it illegal to knowingly and willfully make “any threat to take the life of, to kidnap, or to inflict great bodily harm upon the president of the United States.” [1] The law also applies to threats made against a president-elect, vice president, or any other government official who is next in the order of succession to the presidency.

The purpose of 18 U.S.C. § 871 is to criminalize threats against the president and other high-ranking officials. The government has an interest in preventing threats that could harm government operations or national security. Threats can also provoke “resentment, disorder, and violence” against government policies and leadership, even during critical times. [3]

What counts as a threat under 18 U.S.C. § 871?

For a statement to be considered a criminal threat, it must meet certain criteria:

• The threat must be made knowingly and willfully – it can’t be an accident or mistake.
• The threat must be specific and direct – for example, saying “I’m going to kill the president” or “I’m going to kidnap the vice president.”
• The threat must be communicated to someone – for example, spoken out loud, written in a letter, or posted online.

The threat does not actually have to be carried out. Just making the threat is enough to violate 18 U.S.C. § 871 and face charges.

What are the penalties for violating 18 U.S.C. § 871?

Threatening the president or other protected officials is a Class D felony. The maximum penalties are:

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• Up to 5 years in federal prison
• Up to $250,000 in fines

The judge determines the exact sentence based on the specific circumstances of the case and the defendant’s criminal history.

What are some examples of threats prosecuted under 18 U.S.C. § 871?

Here are a few real-life examples of threats against the president that led to charges under 18 U.S.C. § 871:

• A defendant left several threatening voicemail messages for President Obama saying “I’m going to kill you” and “you are going to die.” He was sentenced to 33 months in prison. [4]
• A man posted on Facebook that he was going to shoot President Trump in the head and kill him. He was arrested and pleaded guilty to making threats. [5]
• A defendant sent several emails to the White House threatening to kill President George W. Bush. He was sentenced to 37 months in prison. [6]

What are some key court decisions related to 18 U.S.C. § 871?

There have been several important court cases that helped define the scope of 18 U.S.C. § 871:

• Watts v. United States (1969) – The Supreme Court ruled that threats must be distinguished from constitutionally protected speech like political hyperbole.
• United States v. Howell (1996) – The 9th Circuit held that conditional threats are still illegal under 18 U.S.C. § 871.
• United States v. Lockhart (2000) – The 3rd Circuit ruled that the threat does not actually need to reach the president, only that it was communicated to a third party.

What are some possible defenses?

There are a few potential defenses that a defendant could raise to fight 18 U.S.C. § 871 charges:

• Free speech – Argue the statement was just hyperbole or political speech protected by the First Amendment.
• Mental state – Claim the threat was made unintentionally or without proper mental capacity.
• Intoxication – Argue the threat was made while extremely intoxicated or under the influence of drugs.
• Duress – Claim the threat was made under immediate threat of harm by another person.

However, these defenses do not always work. The threat still must meet certain criteria to be considered protected speech or excused due to mental state.

What happens if you’re not a U.S. citizen?

Non-citizens can still be prosecuted under 18 U.S.C. § 871. But they also face immigration consequences, like deportation. Even legal permanent residents can be deported for threatening the president or other officials. [6]

The bottom line on threatening the president

Threatening the president of the United States or other officials in the line of succession is a serious federal crime under 18 U.S.C. § 871. Even threats made in jest or online can lead to criminal charges. The maximum penalty is 5 years in federal prison and substantial fines. If you are investigated or charged under this statute, be sure to consult with an experienced criminal defense attorney.