Interstate Threats (18 U.S.C. § 875)
Prohibits interstate communications containing threats to kidnap or injure another person.
Key Provisions
§ 875(a): Transmitting in interstate or foreign commerce a communication containing a demand for ransom for the release of any kidnapped person — up to 20 years
§ 875(b): Transmitting a communication containing a threat to kidnap any person — up to 20 years
§ 875(c): Transmitting a communication containing a threat to injure the person of another — up to 5 years
§ 875(d): Transmitting a communication containing a threat to injure property or reputation, extortion — up to 2 years
”True Threats” — First Amendment
§ 875(c) must be applied consistent with the First Amendment’s “true threats” doctrine. Counterman v. Colorado (2023): The government must prove the defendant had a subjective awareness that their communications could be viewed as threatening — at minimum recklessness as to whether the statement would be perceived as a threat. Overruled the purely objective “reasonable person” standard used by many circuits.
Jurisdictional Element
The “interstate or foreign commerce” element is satisfied by use of telephone, email, social media, or any electronic communication crossing state lines. Essentially any internet communication satisfies this element.