§ 876. — Mailing threatening communications.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC876]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 41--EXTORTION AND THREATS
Sec. 876. Mailing threatening communications
(a) Whoever knowingly deposits in any post office or authorized
depository for mail matter, to be sent or delivered by the Postal
Service or knowingly causes to be delivered by the Postal Service
according to the direction thereon, any communication, with or without a
name or designating mark subscribed thereto, addressed to any other
person, and containing any demand or request for ransom or reward for
the release of any kidnapped person, shall be fined under this title or
imprisoned not more than twenty years, or both.
(b) Whoever, with intent to extort from any person any money or
other thing of value, so deposits, or causes to be delivered, as
aforesaid, any communication containing any threat to kidnap any person
or any threat to injure the person of the addressee or of another, shall
be fined under this title or imprisoned not more than twenty years, or
both.
(c) Whoever knowingly so deposits or causes to be delivered as
aforesaid, any communication with or without a name or designating mark
subscribed thereto, addressed to any other person and containing any
threat to kidnap any person or any threat to injure the person of the
addressee or of another, shall be fined under this title or imprisoned
not more than five years, or both. If such a communication is addressed
to a United States judge, a Federal law enforcement officer, or an
official who is covered by section 1114, the individual shall be fined
under this title, imprisoned not more than 10 years, or both.
(d) Whoever, with intent to extort from any person any money or
other thing of value, knowingly so deposits or causes to be delivered,
as aforesaid, any communication, with or without a name or designating
mark subscribed thereto, addressed to any other person and containing
any threat to injure the property or reputation of the addressee or of
another, or the reputation of a deceased person, or any threat to accuse
the addressee or any other person of a crime, shall be fined under this
title or imprisoned not more than two years, or both. If such a
communication is addressed to a United States judge, a Federal law
enforcement officer, or an official who is covered by section 1114, the
individual shall be fined under this title, imprisoned not more than 10
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 741; Pub. L. 91-375, Sec. 6(j)(7),
Aug. 12, 1970, 84 Stat. 777; Pub. L. 103-322, title XXXIII,
Secs. 330016(1)(G), (H), (K), 330021(2), Sept. 13, 1994, 108 Stat. 2147,
2150; Pub. L. 107-273, div. C, title I, Sec. 11008(d), Nov. 2, 2002, 116
Stat. 1818.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 338a (July 8, 1932, ch.
464, Sec. 1, 47 Stat. 649; June 28, 1935, ch. 326, 49 Stat. 427; May 15,
1939, ch. 133, Sec. 1, 53 Stat. 742).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ``principal'' in section 2 of this title.
Provisions as to district of trial were omitted as covered by
sections 3237 and 3239 of this title.
Changes in phraseology and arrangement were made.
Amendments
2002--Pub. L. 107-273 designated first to fourth pars. as subsecs.
(a) to (d), respectively, and, in subsecs. (c) and (d), inserted at end
``If such a communication is addressed to a United States judge, a
Federal law enforcement officer, or an official who is covered by
section 1114, the individual shall be fined under this title, imprisoned
not more than 10 years, or both.''
1994--Pub. L. 103-322, Sec. 330021(2), substituted ``kidnapped'' for
``kidnaped'' in first par.
Pub. L. 103-322, Sec. 330016(1)(K), substituted ``fined under this
title'' for ``fined not more than $5,000'' in first and second pars.
Pub. L. 103-322, Sec. 330016(1)(H), substituted ``fined under this
title'' for ``fined not more than $1,000'' in third par.
Pub. L. 103-322, Sec. 330016(1)(G), substituted ``fined under this
title'' for ``fined not more than $500'' in fourth par.
1970--Pub. L. 91-375 substituted ``Postal Service'' for ``Post
Office Department'' in two places in first par.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
Section Referred to in Other Sections
This section is referred to in title 8 section 1101.
