Federal threat charges: online, phone and mailed threats, and threats against officials

What does the law make illegal?

What counts as a "true threat"

The First Amendment protects a great deal of angry, crude and offensive speech. It doesn't protect "true threats": serious statements expressing that the speaker means to commit an act of unlawful violence against a particular person or group (Virginia v. Black, 538 U.S. 343 (2003)). Political hyperbole is not a true threat. In Watts v. United States, 394 U.S. 705 (1969), the Supreme Court reversed a conviction under § 871 for a crude remark at a political rally about the President, because in context it was political hyperbole, not a threat. Context, the audience's reaction, and whether the statement was conditional all matter.

The speaker's state of mind: Elonis and Counterman

• Elonis v. United States (2015). A conviction under § 875(c) can't rest only on how a reasonable person would read the words, which is a negligence standard. The mental-state requirement is met if the person sent the message for the purpose of threatening or knowing it would be viewed as a threat. The Court didn't decide whether recklessness is enough (Elonis v. United States, 575 U.S. 723 (2015)).
• Counterman v. Colorado (2023). In a true-threats prosecution, the First Amendment requires proof that the speaker had some subjective understanding of the statement's threatening nature, but no more than recklessness: that the speaker consciously disregarded a substantial risk that the words would be viewed as threatening violence (Counterman v. Colorado, 600 U.S. 66 (2023)).

Together, these rulings mean a person can't be convicted just because others found the words frightening. The government must prove what the speaker understood. How these rulings apply to each federal threat law, and whether recklessness is enough under a particular statute, can depend on the statute's own words and on the circuit.

Interstate threats, 18 U.S.C. § 875

Section 875(c) makes it a crime to transmit in interstate or foreign commerce any communication containing a threat to kidnap any person or to injure the person of another (18 U.S.C. § 875(c)). "Interstate commerce" usually includes phone calls, texts, emails and social media posts that cross state lines or travel over the internet. The government must prove the communication was sent, that it contained a true threat, and the required mental state. Other parts of § 875 cover ransom demands (§ 875(a)), threats to injure or kidnap made to extort money or anything of value (§ 875(b)), and threats to damage property or reputation, or to accuse someone of a crime, made to extort (§ 875(d)).

Mailed threats, 18 U.S.C. § 876

Section 876 covers the same kinds of threats sent through the U.S. Postal Service and addressed to another person (18 U.S.C. § 876). A mailed threat to kidnap or injure carries up to 5 years, or up to 10 years if the letter is addressed to a U.S. judge, a federal law enforcement officer, or an official covered by 18 U.S.C. § 1114 (§ 876(c)). Letters sent from prison are a common source of these cases.

Threats against federal officials, judges and officers, 18 U.S.C. § 115

It is a crime to threaten to assault, kidnap or murder a U.S. official, a U.S. judge, a federal law enforcement officer, or an official whose killing would be a federal crime under § 1114, or a member of the immediate family of any of them (18 U.S.C. § 115(a)(1)). The government must also prove an intent to impede, intimidate or interfere with the official in doing their duties, or to retaliate for those duties. Threats against former officials or their families, made to retaliate for their past service, are also covered (§ 115(a)(2)).

• "U.S. official" means the President, Vice President, the President-elect and Vice President-elect, members and members-elect of Congress, heads of executive departments, and the CIA Director (§ 115(c)(4)).
• "U.S. judge" includes Supreme Court justices and magistrate judges; "federal law enforcement officer" includes any federal officer, agent or employee authorized to prevent, detect, investigate or prosecute federal crimes (§ 115(c)).

Threats against the President and Vice President, 18 U.S.C. § 871

It is a crime to knowingly and willfully make a threat to kill, kidnap or inflict bodily harm on the President, President-elect, Vice President, Vice President-elect, or the officer next in the order of succession, whether by mail or otherwise (18 U.S.C. § 871). The Secret Service investigates these cases.

Threats against former Presidents, family members and candidates, 18 U.S.C. § 879

It is a crime to knowingly and willfully threaten to kill, kidnap or inflict bodily harm on a former President, certain family members of current and former Presidents and Vice Presidents, a major presidential or vice-presidential candidate, or another person the Secret Service protects under 18 U.S.C. § 3056(a)(6) (18 U.S.C. § 879).

Bomb and fire threats and hoaxes, 18 U.S.C. § 844(e)

It is a crime to use the mail, a phone or another means of interstate commerce to willfully make a threat, or knowingly pass along false information, about an attempt to kill, injure or intimidate anyone, or to damage property, by fire or explosives (18 U.S.C. § 844(e)). The maximum is 10 years.

Stalking and harassing calls, 18 U.S.C. § 2261A and 47 U.S.C. § 223

A repeated course of conduct using the mail, internet, phone or other facilities of interstate commerce, with intent to kill, injure, harass or intimidate, that places a person in reasonable fear of death or serious injury or causes substantial emotional distress can be charged as stalking (18 U.S.C. § 2261A). The maximum is generally 5 years, with more if a weapon was used or injury resulted (18 U.S.C. § 2261(b)). Some harassing or threatening phone calls and messages are charged under 47 U.S.C. § 223, with a 2-year maximum.

What are the penalties?

• Fines: up to $250,000 per felony count (18 U.S.C. § 3571).
• Supervised release: up to 3 years for most threat felonies (18 U.S.C. § 3583(b)). Conditions often include no contact with the person threatened, limits on internet or social media use, and mental health treatment.
• Restitution: where the threat caused costs, such as an evacuation or emergency response, the court may order restitution (18 U.S.C. §§ 3663, 3663A).
• Time limit: generally 5 years from the offense (18 U.S.C. § 3282).

How does sentencing work for this charge?

Most threat cases are sentenced under USSG §2A6.1. The base offense level is 12. Then:

• +6 if the offense involved any conduct showing an intent to carry out the threat, such as buying a weapon, traveling toward the person, or gathering information about them (§2A6.1(b)(1)).
• +2 if the offense involved more than two threats (§2A6.1(b)(2)).
• +2 if it violated a court protection order (§2A6.1(b)(3)).
• +4 if it caused substantial disruption of public, government or business functions, or a substantial expense to respond, such as an evacuation (§2A6.1(b)(4)).
• +2 for a public threat under § 115 that the person knew or should have known created a substantial risk of inciting others to violate § 115 (§2A6.1(b)(5)).
• −4 if none of those increases apply and the offense was a single instance showing little or no deliberation, such as one angry message sent in the moment (§2A6.1(b)(6)).

If the threat was motivated by the victim's status as a government officer or employee, the official victim adjustment usually adds 6 levels, because §2A6.1 is in Chapter Two, Part A (USSG §3A1.2(a), (b)). Stalking cases are sentenced under §2A6.2, which starts at level 18. The 2-level zero-point reduction is not available to someone who used credible threats of violence in connection with the offense (USSG §4C1.1(a)(3)).

Pending at the Supreme Court. In Beaird v. United States, No. 25-5343, set for argument on October 13, 2026, the Court agreed to decide whether Stinson v. United States (1993) still states the rule for how much weight courts must give the Guidelines’ commentary, the notes that follow each guideline. The answer could affect rules on this page that come from commentary rather than from the guideline text itself.

Guideline numbers on this page are from the Guidelines Manual in effect since November 1, 2025, which no longer uses “departures”: the judge calculates the range, then weighs the factors in 18 U.S.C. § 3553(a). For more depth, see How the federal Sentencing Guidelines work, at Sentencing.net, a Criminal Center site.

How do these cases usually start and move?

Threat cases often move fast. Someone reports a message or post, and the FBI, the Secret Service (for the President and other protectees), the U.S. Marshals Service (for federal judges), the U.S. Capitol Police (for members of Congress) or the Postal Inspection Service investigates. Agents frequently ask online platforms and phone companies for account records and may get search warrants for phones and accounts. Many people first learn of a case when agents knock on the door and ask about a post, which is a good time to talk with a lawyer before answering.

After an arrest, the government often asks the court to hold the person until trial as a danger to the community (18 U.S.C. § 3142). Release, if granted, usually comes with no-contact and internet conditions. Mental health often plays a role, and the court may order an evaluation of whether the person is competent to stand trial (18 U.S.C. § 4241).

The usual stages of a federal case

1. 1Investigation. Agents gather records and interview witnesses, often using grand jury subpoenas. Someone the prosecutor views as a "target" may get a target letter before an indictment (Justice Manual 9-11.151, 9-11.153).
2. 2Charges. A federal felony is usually charged by indictment: a grand jury decides in private whether there is probable cause (Fed. R. Crim. P. 6, 7). Some cases start with an arrest on a criminal complaint.
3. 3First appearance and detention. After an arrest, the person goes before a magistrate judge without unnecessary delay (Fed. R. Crim. P. 5). The judge decides whether they are released or held until trial (18 U.S.C. § 3142).
4. 4Evidence and motions. The government must turn over certain evidence (Fed. R. Crim. P. 16). The defense can ask the court to suppress evidence or dismiss charges (Fed. R. Crim. P. 12).
5. 5Plea or trial. Many federal cases end in a guilty plea, which the judge must find knowing and voluntary (Fed. R. Crim. P. 11). At trial, the government must prove every element beyond a reasonable doubt, and a jury verdict must be unanimous (Fed. R. Crim. P. 31(a)).
6. 6Sentencing. A probation officer writes a presentence report, and each side can object in writing within 14 days of receiving it (Fed. R. Crim. P. 32). The judge then decides the sentence under 18 U.S.C. § 3553(a).

More on what to do at each stage: Facing federal charges? What to do now.

What defense issues come up in these cases?

• Was it a true threat? Read in full context, was it a serious expression of intent to commit violence, or hyperbole, a joke, venting, art or political speech, as in Watts?
• Mental state. What can the government prove about what the person understood? After Elonis and Counterman, how others reacted is not enough on its own.
• Conditional or vague words. Who was the target, and was the statement tied to a condition or event?
• Covered person and purpose. Under § 115, is the target a covered official, judge or officer, and is there evidence of intent to impede, intimidate or retaliate? Under § 876(c), was the letter actually addressed to a covered person?
• Interstate commerce and venue. Did the message travel in interstate commerce, and was the case brought in a proper district?
• Identity. Who actually wrote or sent the message from the account or phone?
• Guideline increases. Is there real evidence of conduct showing an intent to carry out the threat (+6)? Does the −4 reduction for a single impulsive message apply?

Every case turns on its own facts. These are issues to look at, not predictions about how any case will turn out.

What happens after a conviction?

• Appeal. A notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). Many plea agreements waive the right to appeal, but in Hunter v. United States (2026) the Supreme Court held that a waiver can’t be enforced when doing so would cause a miscarriage of justice, a high bar. See federal appeals at Sentencing.net.
• A § 2255 motion. A motion asking the sentencing court to vacate, set aside or correct the sentence, for example for ineffective assistance of counsel. It is usually due within one year after the conviction becomes final (28 U.S.C. § 2255(f)). See 2255motion.com.
• Compassionate release. A motion asking the judge to reduce a prison sentence for extraordinary and compelling reasons, filed after the person asks the warden and either exhausts BOP appeals or waits 30 days (18 U.S.C. § 3582(c)(1)(A)). It can’t be used to attack the validity of the conviction itself (Fernandez v. United States (2026)). See CompassionateRelease.com.
• Clemency. The President can pardon a federal offense or commute (shorten) a federal sentence (U.S. Const. art. II, § 2). See Clemency.com.