TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 41 - EXTORTION AND THREATS
HEAD
Sec. 876. Mailing threatening communications
STATUTE
(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.
SOURCE
(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.
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