§876 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Putting a letter or other mail into the Postal Service, signed or unsigned, that demands ransom, tries to get money or valuables by threats, or threatens to kidnap, hurt, damage property, harm someone's reputation, or accuse someone of a crime is a federal crime. If the mail demands ransom for a kidnapped person, the sender can be fined and face up to 20 years in prison. If the mail is sent to extort by threatening to kidnap or hurt someone, the penalty is also up to 20 years. A mailed threat to kidnap or hurt someone without an extortion purpose can bring up to 5 years; but if it is sent to a U.S. judge, a federal law officer, or an official covered by section 1114, the penalty is up to 10 years. Threats sent to extort about property, reputation, or to accuse someone of a crime carry up to 2 years, or up to 10 years if sent to those protected officials. In all cases the sender may also be fined under federal law.

Title 18, §876

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 338a (

July 8, 1932, ch. 464, § 1, 47 Stat. 649;

June 28, 1935, ch. 326, 49 Stat. 427;

May 15, 1939, ch. 133, § 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 section 3237 and 3239 of this title. Changes in phraseology and arrangement were made.

Editorial Notes

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, § 330021(2), substituted “kidnapped” for “kidnaped” in first par. Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000” in first and second pars. Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000” in third par. Pub. L. 103–322, § 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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1970 AmendmentAmendment 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.

§876 Mailing threatening communications

Summary

Title 18, §876

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Enforcement

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata