United States v. Michael Francis, 164 F.3d 120 (2d Cir. 1999). · Go Syfert
United States v. Michael Francis, 164 F.3d 120 (2d Cir. 1999). Cases Citing This Book View Copy Cite
60 citation events (60 in the last 25 years) across 23 distinct courts.
Strongest positive: State v. Taylor (ncctapp, 2020-03-17)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State v. Taylor (2×) also: Cited as authority (rule)
N.C. Ct. App. · 2020 · quote attribution · 1 verbatim quote · confidence high
although the statute does not mention intent or willfulness, intent is of course an element of the crime.
discussed Cited as authority (verbatim quote) State v. Taylor (2×) also: Cited as authority (rule)
N.C. Ct. App. · 2020 · quote attribution · 1 verbatim quote · confidence high
although the statute does not mention intent or willfulness, intent is of course an element of the crime.
discussed Cited as authority (verbatim quote) State v. Taylor (2×) also: Cited as authority (rule)
N.C. Ct. App. · 2020 · quote attribution · 1 verbatim quote · confidence high
although the statute does not mention intent or willfulness, intent is of course an element of the crime.
discussed Cited as authority (verbatim quote) United States v. Ellisa Martinez (2×) also: Cited "see"
11th Cir. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
there is nothing in the language or legislative history of section 875(c) suggesting that congress intended it to be a specific-intent crime.
discussed Cited as authority (quoted) United States v. Ducore
E.D. Va. · 2018 · quote attribution · 1 verbatim quote · confidence low
absent any express reference to intent, we would generally presume that proof only of 'general' rather than 'specific' intent is required
discussed Cited as authority (rule) Lee v. United States
E.D. Mo. · 2025 · confidence medium
See generally Elonis v. United States, 575 U.S. 723, 736 , 135 S.Ct. 2001 , 192 L.Ed.2d 1 (2015) (holding that when federal criminal statute is “silent on the required mental state, [courts] read into the statute only that mens rea which is necessary to separate wrongful conduct from otherwise innocent conduct” (internal quotation marks omitted)); United States v. Francis, 164 F.3d 120, 121 (2d Cir. 1999) (stating that “absent any express [statutory] reference to intent,” courts will “generally presume that proof only of ‘general’ rather than of ‘specific’ intent is required�…
discussed Cited as authority (rule) United States v. Barrett
2d Cir. · 2024 · confidence medium
See generally Elonis v. United States, 575 U.S. 723, 736 (2015) (holding that when federal criminal statute is “silent on the required mental state, [courts] read into the statute only that mens rea which is necessary to separate wrongful conduct from otherwise innocent conduct” (internal quotation marks omitted)); United States v. Francis, 164 F.3d 120, 121 (2d Cir. 1999) (stating that “absent any express [statutory] reference to intent,” courts will “generally presume that proof only of ‘general’ rather than of ‘specific’ intent is required” to support conviction).
discussed Cited as authority (rule) People v. Morales (Alejandro)
N.Y. App. Term. · 2019 · confidence medium
A threat has also been defined as a "true threat" when "an ordinary, reasonable recipient familiar with the context of the communication would interpret it [*3] as a true threat of injury" ( United States v Francis , 164 F3d 120, 123 [2d Cir 1999]).
discussed Cited as authority (rule) Lee Carrell v. United States (2×)
D.C. · 2013 · confidence medium
See, e.g., United States v. Elonis, No. 12-3798, [ 730 F.3d 321, 331 ] 2013 WL 5273118, at *8 (3d Cir. Sept. 19, 2013); United States v. Nicklas, 713 F.3d 435, 440 (8th Cir.2013); United States v. White, 670 F.3d 498, 508 (4th Cir.2012); United States v. Stewart, 411 F.3d 825, 828 (7th Cir.2005); United States v. Morales, 272 F.3d 284, 287-88 (5th Cir.2001); United States v. Francis, 164 F.3d 120, 122 (2d Cir.1999); United States v. Whiffen, 121 F.3d 18, 21 (1st Cir.1997).
discussed Cited as authority (rule) United States v. Anthony Elonis
3rd Cir. · 2013 · confidence medium
See, e.g., United States v. Whiffen, 121 F.3d 18, 20-21 (1st Cir.1997); United States v. Francis, 164 F.3d 120, 122 (2d Cir.1999); United States v. Darby, 37 F.3d 1059, 1066 (4th Cir.1994); United States v. Myers, 104 F.3d 76, 80-81 (5th Cir.1997); United States v. DeAndino, 958 F.2d 146, 148 (6th Cir. 1992); United States v. Schneider, 910 F.2d 1569, 1570 (7th Cir.1990); United States v. Manning, 923 F.2d 83, 86 (8th Cir.1991); United States v. Hart, 457 F.2d 1087, 1091 (10th Cir. 1972); United States v. Callahan, 702 F.2d 964, 965 (11th Cir. 1983); Metz v. Dep’t of Treasury, 780 F.2d 1001,…
discussed Cited as authority (rule) People v. Brodeur
N.Y. City Crim. Ct. · 2013 · confidence medium
(See People v Little, 14 Misc 3d 70 [App Term, 2d Dept 2006].) “A genuine threat is one that is serious, should reasonably have been taken to be serious, or was confirmed by other words or conduct.” (People v Hernandez, 7 Misc 3d 857, 860 [2005], citing People v Dietze, 75 NY2d 47 [1989].) “True threats encompass those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.” (People v Olivio, 6 Misc 3d 1034[A] , 2005 NY Slip Op 50300[U] , *2 [Crim Ct, NY County 2005], q…
discussed Cited as authority (rule) United States v. David Nicklas
8th Cir. · 2013 · confidence medium
See United States v. Whiffen, 121 F.3d 18, 21 (1st Cir.1997); United States v. Francis, 164 F.3d 120, 121-22 (2nd Cir.1999); United States v. Himelwright, 42 F.3d 777, 782-83 (3rd Cir.1994); United States v. Darby, 37 F.3d 1059, 1066 (4th Cir.1994); United States v. Myers, 104 F.3d 76, 81 (5th Cir.1997); United States v. DeAndino, 958 F.2d 146, 148-49 (6th Cir.1992); United States v. Stewart, 411 F.3d 825, 828 (7th Cir.2005); United States v. Teague, 443 F.3d 1310, 1319 (10th Cir.2006). 3 Undaunted by the deck of circuit precedent stacked heavily against him, Nicklas argues his fate is control…
discussed Cited as authority (rule) United States v. Franklin Jeffries, II
6th Cir. · 2012 · confidence medium
United States v. Whiffen, 121 F.3d 18, 21 (1st Cir. 1997); United States v. Francis, 164 F.3d 120, 123 (2nd Cir. 1999); United States v. Himelwright, 42 F.3d 777, 782 (3d Cir. 1994); United States v. Darby, 37 F.3d 1059, 1067 (4th Cir. 1994); United States v. Myers, 104 F.3d 76 , 80–81 (5th Cir. 1997); United States v. Schneider, 910 F.2d 1569, 1570 (7th Cir. 1990).
discussed Cited as authority (rule) United States v. Franklin Jeffries, II
6th Cir. · 2012 · confidence medium
United States v. Whiffen, 121 F.3d 18, 21 (1st Cir.1997); United States v. Francis, 164 F.3d 120, 123 (2nd Cir.1999); United States v. Himelwright, 42 F.3d 777, 782 (3d Cir.1994); United States v. Darby, 37 F.3d 1059, 1067 (4th Cir.1994); United States v. Myers, 104 F.3d 76, 80-81 (5th Cir.1997); United States v. Schneider, 910 F.2d 1569, 1570 (7th Cir.1990).
discussed Cited as authority (rule) United States v. Xiang Li
N.D.N.Y. · 2008 · confidence medium
“True Threat ” In order to reconcile the criminalization of certain communications under *435 18 U.S.C. § 875 (c) with the protections afforded to certain types of speech under the First Amendment, the aforementioned statute’s prohibition is limited to “true threats”; that is, threats that are “so intertwined with violent action that [they have] essentially become conduct rather than speech.” United States v. Francis, 164 F.3d 120, 123 (2d Cir.1999) (citing United States v. Kelner, 534 F.2d 1020, 1027 (2d Cir.1976)).
discussed Cited as authority (rule) United States v. Teague
10th Cir. · 2006 · confidence medium
See United States v. Whiffen, 121 F.3d 18, 21 (1st Cir.1997); United States v. Francis, 164 F.3d 120, 121 (2d Cir.1999); United States v. Himelwright, 42 F.3d 777, 783 (3d Cir.1994) (“[Sjection 875(c) requires proof of a defendant’s general intent to threaten injury, but does not require proof of a specific intent to injure another or the present ability to carry out the threat.” (emphasis added, internal italics omitted)); United States v. Darby, 37 F.3d 1059, 1066 (4th Cir.1994); United States v. Myers, 104 F.3d 76, 81 (5th Cir.1997); United States v. DeAndino, 958 F.2d 146, 150 (6th C…
discussed Cited as authority (rule) United States v. Paul Kent Cassel (2×) also: Cited "see"
9th Cir. · 2005 · confidence medium
Id. (citing United States v. Francis, 164 F.3d 120, 123 (2d Cir.1999) (holding that "the government need not prove that a defendant intended his communication to be threatening”)).
discussed Cited as authority (rule) United States v. Cassel (2×) also: Cited "see"
9th Cir. · 2005 · confidence medium
Id. (citing United States v. Francis, 164 F.3d 120, 123 (2d Cir. 1999) (holding that “the government need not prove that a defendant intended his communication to be threatening”)).
discussed Cited as authority (rule) People v. Hernandez
N.Y. City Crim. Ct. · 2005 · confidence medium
(United States v Francis, 164 F3d 120, 123 [2d Cir 1999].) Whether the threat meets this standard usually is a question of fact for the jury (id.; see, also, People v Cooper, 4 Misc 3d 788 [Nassau Dist Ct 2004]; cf. People v Bonitto, 4 Misc 3d 386 [Crim Ct, NY County 2004]).
cited Cited as authority (rule) People v. Bonitto
N.Y. City Crim. Ct. · 2004 · confidence medium
(United States v Francis, 164 F3d 120, 123 [2d Cir 1999].) Whether the threat meets this standard usually is a question of fact for the jury (id.).
discussed Cited as authority (rule) State v. Kilburn
Wash. · 2004 · confidence medium
E.g., United States v. Fulmer, 108 F.3d 1486, 1494 (1st Cir.1997) (citing United States v. Orozco-Santillan, 903 F.2d 1262 , 1265 n.3 (9th Cir.1990)); United States v. Francis, 164 F.3d 120, 123 (2d Cir.1999); United States v. Roberts, 915 F.2d 889, 890 (4th Cir.1990); United States v. Daughenbaugh, 49 F.3d 171 , 173 n. 2 (5th Cir.1995); United States v. Rogers, 488 F.2d 512 (5th Cir.1974), rev'd on other grounds, 422 U.S. 35 , 95 S.Ct. 2091 , 45 L.Ed.2d 1 (1975); United States v. Miller, 115 F.3d 361, 363-64 (6th Cir.1997); United States v. Aman, 31 F.3d 550, 553-56 (7th Cir.1994); United Sta…
discussed Cited as authority (rule) State v. Kilburn
Wash. · 2004 · confidence medium
E.g., United States v. Fulmer, 108 F.3d 1486, 1494 (1st Cir. 1997) (citing United States v. Orozco-Santillan, 903 F.2d 1262 , 1265 n.3 (9th Cir. 1990)); United States v. Francis, 164 F.3d 120, 123 (2d Cir. 1999); United States v. Roberts, 915 F.2d 889, 890 (4th Cir. 1990); United States v. Daughenbaugh, 49 F.3d 171 , 173 n.2 (5th Cir. 1995); United States v. Rogers, 488 F.2d 512 (5th Cir. 1974), rev’d on other grounds, 422 U.S. 35 , 95 S. Ct. 2091 , 45 L.
discussed Cited as authority (rule) Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Center Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D., and Karen Sweigert, M.D. v. American Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Timothy Paul Dreste Michael B. Dodds Joseph L. Foreman Charles Roy McMillan Stephen P. Mears Bruce Evan Murch Catherine Ramey Dawn Marie Stover Charles Wysong, and Monica Migliorino Miller Donald Treshman, Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Center Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D., and Karen Sweigert, M.D. v. American Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Timothy Paul Dreste Joseph L. Foreman Stephen P. Mears Monica Migliorino Miller Catherine Ramey Dawn Marie Stover Donald Treshman Charles Wysong, and Michael Dodds Charles Roy McMillan Bruce Evan Murch, Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Center Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D., and Karen Sweigert, M.D. v. American Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Michael Dodds Charles Roy McMillan Stephen P. Mears Monica Migliorino Miller Bruce Evan Murch Catherine Ramey Dawn Marie Stover Donald Treshman, and Timothy Paul Dreste Joseph L. Foreman Charles Wysong, Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Center Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D., and Karen Sweigert, M.D. v. American Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Catherine Ramey Dawn Marie Stover, and Timothy Paul Dreste Michael Dodds Joseph L. Foreman Charles Roy McMillan Stephen P. Mears Monica Migliorino Miller Bruce Evan Murch Donald Treshman Charles Wysong, Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Center Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D. v. American Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David A. Crane Timothy Paul Dreste Michael B. Dodds Joseph L. Foreman Charles Roy McMillan Bruce Evan Murch Catherine Ramey Dawn Marie Stover Donald Treshman Charles Wysong, Paul Deparrie, Movant-Appellant. Planned Parenthood of the Columbia/willamette, Inc. Portland Feminist Women's Health Center Robert Crist, M.D. Warren M. Hern, M.D. Elizabeth Newhall, M.D. James Newhall, M.D. Karen Sweigert, M.D., Individually and on Behalf of All Persons Similarly Situated v. American Coalition of Life Activists Advocates for Life Ministries Michael Bray Andrew Burnett David Crane Timothy Paul Dreste Michael Dodds Joseph L. Foreman Charles Roy McMillan Monica Migliorino Miller Bruce Evan Murch Catherine Ramey Dawn Marie Stover Donald Treshman Charles Wysong
9th Cir. · 2002 · confidence medium
King, 122 F.3d at 810 (quoting Twine, 853 F.2d at 681 n. 4). 10 See, e.g., United States v. Francis, 164 F.3d 120, 123 (2d Cir.1999) (rejecting addition of substantive intent requirement to objective test); United States v. Miller, 115 F.3d 361, 363-64 (6th Cir.1997) (same); United States v. Aman, 31 F.3d 550, 553-56 (7th Cir.1994) (same); United States v. Patrick, 117 F.3d 375, 377 (8th Cir.1997) (same); United States v. Martin, 163 F.3d 1212, 1215-16 (10th Cir. 1998) (same).
discussed Cited as authority (rule) Jones v. State
Ark. · 2002 · confidence medium
However, the Second Circuit has announced its test that a true threat exists when the language “on its face and in the circumstances in which it is made is so unequivocal, unconditional, immediate, and specific as to the person threatened, as to convey a gravity of purpose and imminent prospect of execution.” United States v. Francis, 164 F.3d 120, 122-23 (2d Cir. 1999) (citing United States v. Kelner, 534 F.2d 1020 (2d Cir. 1976)).
discussed Cited as authority (rule) Black v. Commonwealth (2×)
Va. · 2001 · confidence medium
Nosair v. United States, 528 U.S. 982 (1999); United States v. Francis, 164 F.3d 120, 122-23 (2nd Cir. 1999); United States v. J.H.H., 22 F.3d 821, 825 (8th Cir. 1994).
discussed Cited as authority (rule) John Doe, a Minor, by His Mother and Next Friend, Jane Doe v. Pulaski County Special School District (2×)
8th Cir. · 2001 · confidence medium
The Second Circuit explained in United States v. Francis, 164 F.3d 120, 122-23 (2nd Cir. 1999) that there is a threat where the communication "on its face and in the circumstances in which it is made is so unequivocal, unconditional, immediate, and specific as to the person threatened, as to convey a gravity of purpose and imminent prospect of execution." (citing United States v. Kelner, 534 F.2d 1020, 1027 (2d Cir. 1976)(construing 18 U.S.C. § 875 (c)).
discussed Cited as authority (rule) John Doe v. Pulaski School Dist.
8th Cir. · 2001 · confidence medium
The Second Circuit explained in United States v. Francis, 164 F.3d 120, 122-23 (2nd Cir. 1999) that there is a threat where the communication “on its face and in the circumstances in which it is made is so unequivocal, unconditional, immediate, and specific as to the person threatened, as to convey a gravity of purpose and imminent prospect of execution.” (citing United States v. Kelner, 534 F.2d 1020, 1027 (2d Cir. 1976)(construing 18 U.S.C. § 875 (c)).
cited Cited "see" State v. Krijger
Conn. App. Ct. · 2011 · signal: see · confidence high
See United States v. Francis, 164 F.3d 120 , 123 n.4 (2d Cir. 1999).
discussed Cited "see" United States v. Xiang Li (2×)
2d Cir. · 2010 · signal: see · confidence high
See United States v. Francis, 164 F.3d 120, 122-23 (2d Cir.1999); United States v. Kelner, 534 F.2d 1020, 1028 (2d Cir.1976).
discussed Cited "see" United States v. Jordan
S.D.N.Y. · 2008 · signal: see · confidence high
On Count One, Jordan asserts that the evidence was insufficient to support conviction on the first two of seven specific threats quoted by the Government in a bill of particulars. 24 Count One charged a violation of 18 U.S.C. § 875 (c), which provides in pertinent part: “Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another” shall be guilty of a crime. 18 U.S.C. § 875 (c); see United States v. Francis, 164 F.3d 120, 121 (2d Cir.1999); United States v. Sovie, 122 F.3d 122, 125 (2d Cir.…
discussed Cited "see" J.S. v. Bethlehem Area School District (2×)
Pa. · 2002 · signal: see · confidence high
See United States v. Francis, 164 F.3d 120, 123 (2d Cir.1999); United States v. Whiffen, 121 F.3d 18, 21 (1st Cir.1997); United States v. Myers, 104 F.3d 76, 81 (5th Cir.1997); Lovell, 90 F.3d at 372 ; United States v. Himelwright, 42 F.3d 777, 782-83 (3d Cir.1994); United States v. Darby, 37 F.3d 1059, 1066 (4th Cir.1994); United States v. DeAndino, 958 F.2d 146, 149 (6th Cir.1992); In the Interest of Douglas D., 243 Wis.2d 204 , 626 N.W.2d 725, 740 (2001); but see Robert Kurman Kelner, Note, United States v. Jane Baker: Revisiting Threats and the First Amendment, 84 Va. L.Rev. 287 (1998).
discussed Cited "see" United States v. Anderson
2d Cir. · 2001 · signal: see · confidence high
See United States v. Francis, 164 F.3d 120, 123 (2d Cir.1999) (explaining that “[o]nce a statement meets [the Kelner ] test, it is no longer protected speech because it is so intertwined with violent action that it has essentially become conduct rather than speech”); United States v. Kelner, 534 F.2d 1020, 1027 (2d Cir. 1976) (explaining that “[s]o long as the threat on its face and in the circumstances in which it is made is so unequivocal, unconditional, immediate and specific as to the person threatened, as to convey a gravity of purpose and imminent prospect of execution, [ 18 U.S.C.…
discussed Cited "see" State v. Perkins (2×) also: Cited "see, e.g."
Wis. · 2001 · signal: see · confidence high
See United States v. Francis, 164 F.3d 120, 122 (2d Cir. 1999).
discussed Cited "see, e.g." United States v. Spring
4th Cir. · 2002 · signal: see, e.g. · confidence medium
See, e.g., United States v. Francis, 164 F.3d 120, 122 (2d Cir. 1999) (interpreting 18 U.S.C.A. § 875 (c) (West 2000) in accord with precedents pertaining to § 871 and 18 U.S.C.A. § 879 (a) (West Supp. 2002)).
discussed Cited "see, e.g." United States v. Kenneth Robert Spring (2×)
4th Cir. · 2002 · signal: see, e.g. · confidence medium
See, e.g., United States v. Francis, 164 F.3d 120, 122 (2d Cir.1999) (interpreting 18 U.S.C.A. § 875 (c) (West 2000) in accord with precedents pertaining to § 871 and 18 U.S.C.A. § 879 (a) (West Supp. 2002)).
discussed Cited "see, e.g." Planned Parenthood of the Columbia/Willamette, Inc. v. American Coalition of Life Activists
9th Cir. · 2002 · signal: see, e.g. · confidence medium
See, e.g., United States v. Francis, 164 F.3d 120, 123 (2d Cir.1999) (rejecting addition of substantive intent requirement to objective test); United States v. Miller, 115 F.3d 361, 363-64 (6th Cir.1997) (same); United States v. Aman, 31 F.3d 550, 553-56 (7th Cir.1994) (same); United States v. Patrick, 111 F.3d 375, 377 (8th Cir.1997) (same); United States v. Martin, 163 F.3d 1212, 1215-16 (10th Cir.1998) (same).
discussed Cited "see, e.g." State v. Douglas D. (2×)
Wis. · 2001 · signal: see, e.g. · confidence medium
See, e.g., United States v. Francis, 164 F.3d 120, 123 (2d Cir. 1999); United States v. Whiffen, 121 F.3d 18, 21 (1st Cir. 1997); United States v. Myers, 104 F.3d 76, 81 (5th Cir. 1997); United States v. Himelwright, 42 F.3d 777, 782-83 (3d Cir. 1994); United States v. Darby, 37 F.3d 1059, 1066 (4th Cir. 1994); United States v. DeAndino, 958 F.2d 146, 149 (6th Cir. 1992); People v. Baer, 973 P.2d 1225, 1233-34 (Colo. 1999) (en banc); In the Interest of R.T., No. 00-CK — 0205, 2001 WL 170927, at *4 (La.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellant,
v.
Michael FRANCIS, Defendant-Appellee
Docket 97-1531.
Court of Appeals for the Second Circuit.
Jan 7, 1999.
164 F.3d 120
Jane A. Levine, Assistant United States Attorney for the Southern District of New York, New York City (Mary Jo White, United States Attorney, Ira M. Feinberg, Assistant United States Attorney, of counsel), for Appellant., Mark E. Goidell, Galasso, Langione & Goi-dell, Melville, New York, for Defendant-Ap-pellee.
Winter, Calabresi, Knapp.
Cited by 49 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 59%
Citer courts: E.D. Virginia (1)
WINTER, Chief Judge.

The United States appeals from Judge Sweet’s dismissal of a one-count indictment charging Michael Francis with interstate transmission of a threat to injure another person in violation of 18 U.S.C. § 875(c). The indictment charged Francis with interstate transmission of threats to “blow the victim’s head off, cut the victim up into a thousand tiny pieces, slit the victim’s throat, and kill the victim.” Judge Sweet dismissed the indictment because “the government failed to charge that Francis subjectively knew or intended his communication to be threatening.” United States v. Francis, 975 F.Supp. 288, 296 (S.D.N.Y.1997). We reverse.

Section 875(c) provides that “[whoever transmits in interstate or foreign commerce any communication containing ... any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both.” 18 U.S.C. § 875(c). Although the statute does not mention intent or willfulness, intent is of course an element of the crime. See Morissette v. United States, 342 U.S. 246, 263, 72 S.Ct. 240, 96 L.Ed. 288 (1952). However, absent any express reference to intent, we would generally presume that proof only of “general” rather than of “specific” intent is required. See United States v. Myers, 104 F.3d 76, 81 (5th Cir.) cert. denied, — U.S. -, 117 S.Ct. 1709, 137 L.Ed.2d 834 (1997); United States v. Martinez, 49 F.3d 1398, 1401 (9th Cir.1995) cert. denied, 516 U.S. 1065, 116 S.Ct. 749, 133 L.Ed.2d 696 (1996); United States v. DeAndino, 958 F.2d 146, 148-49 (6th Cir.1992); United States v. Lewis, 780 F.2d 1140, 1142-43 (4th Cir.1986). In the case of general-intent crimes, the government need prove only that the defendant intended to do the act in question and intended the reasonable and probable consequences of that act. See United States v. Cangiano, 491 F.2d 906, 910 (2d Cir.1974). The government would not need to prove that the defendant intended to violate the law or to bring about some specific result. See, e.g., United [*122] States v. Gonyea, 140 F.3d 649, 653 (6th Cir.1998).

There is nothing in the language or legislative history of Section 875(c) suggesting that Congress intended it to be a specific-intent crime. Moreover, every circuit to have addressed the question, with the exception of the Ninth, has construed Section 875(c) as a general-intent crime. See United States v. Whiffen, 121 F.3d 18, 21 (1st Cir.1997); Myers, 104 F.3d at 81; United States v. Himelwright, 42 F.3d 777, 782-83 (3d Cir.1994); United States v. Darby, 37 F.3d 1059, 1063-66 (4th Cir.1994); DeAndino, 958 F.2d at 149. [1] But see United States v. Twine, 853 F.2d 676, 680 (9th Cir.1988) (“the showing of an intent to threaten, required by §§ 875(c) and 876, is a showing of specific intent”); see also United States v. King, 122 F.3d 808, 809-10 (9th Cir.1997) (reaffirming Twine)-, United States v. Calvert, No. 89 CR. 0006(CSH), 1990 WL 33592, at *4 (S.D.N.Y. Mar.23,1990) (18 U.S.C. § 876 requires proof of intent to threaten). Although we have not considered the precise issue now before us, we have held that 18 U.S.C. §§ 871(a) and 879(a), [2] which contain language similar to that in Section 875(c), are general-intent crimes and, therefore, do not require that the government prove “that the speaker intend his threats to be taken seriously.” United States v. Johnson, 14 F.3d 766, 769 (2d Cir.1994). [3]

The district court acknowledged the presumption that Section 875(c) is a general-intent crime but believed that “the heightened First Amendment concerns .raised by a statute that proscribes pure speech warrant a departure from that presumption in this instance.” Francis, 975 F.Supp. at 295. We disagree. In Watts v. United States, 394 U.S. 705, 89 S.Ct. 1399, 22 L.Ed.2d 664 (1969) (per curiam), a case arising under 18 U.S.C. § 871, the Supreme Court noted that statutes criminalizing “a form of pure speech[ ] must be interpreted with the commands of the First Amendment clearly in mind. What is a threat must be distinguished from what is constitutionally protected speech.” 394 U.S. at 707, 89 S.Ct. 1399. In Watts, the petitioner, speaking at a public rally near the Washington Monument, expressed his unwillingness to serve in Vietnam: “I am not going. If they ever make me carry a rifle the first man I want to get in my sights is L.B.J.” Id. at 706, 89 S.Ct. 1399 (internal quotation marks omitted). The Court concluded that, “[t]aken in context, and regarding the expressly conditional nature of the statement and the reaction of the listeners [who responded with laughter],” the “kind of political hyperbole indulged in by petitioner” was merely “a kind of very crude offensive method of stating a political opposition to the President,” and was not a true threat. Id. at 708, 89 S.Ct. 1399.

Watts did not fashion a bright-line test for distinguishing a true threat from protected speech. However, in United States v. Kelner, 534 F.2d 1020 (2d Cir.1976), we reviewed a conviction under Section 875(c) for threatening to kill Yasser Arafat upon Arafat’s arrival in New York. On appeal, Kelner argued that his statement did not fall within the scope of Section 875(c) because it was, under Watts, political hyperbole rather than a true threat and because he did not have a specific intent to carry out the threat. In[*123] rejecting the latter claim as a defense, we noted that Woiis did not hold that a conviction under Section 871 would violate the First Amendment absent proof of a specific intent to carry out the threat. See Kelner, 534 F.2d at 1026. We held that First Amendment concerns are satisfied by construing “the word ‘threat’ to exclude statements which are, when taken in context, not ‘true threats’ because they are conditional and made in jest.” Id. This limitation, we noted, “satisfies First Amendment concerns as fully as would ... [the] requirement that specific intent to carry out the threat be proven.” Id.; see also United States v. Sovie, 122 F.3d 122, 125 (2d Cir.1997) (not necessary for government to prove that defendant “ ‘had a specific intent or a present ability to carry out his threat’ ” (quoting Kelner, 534 F.2d at 1023)).

As to Kelner’s assertion that his statement was “mere political hyperbole,” the majority concluded that Kelner’s statement was not protected speech but was instead a “true threat.” In reaching this conclusion, the majority applied the following test:

So long as the threat on its face and in the circumstances in which it is made is so unequivocal, unconditional, immediate and specific as to the person threatened, as to convey a gravity of purpose and imminent prospect of execution, the statute may properly be applied.

Kelner, 534 F.2d at 1027. Once a statement meets this test, it is no longer protected speech because it is so intertwined with violent action that it has essentially become conduct rather than speech. See id.

The test set forth in Kelner fully satisfies the First Amendment concerns that prompted the district court in the instant case to graft a specific-intent requirement onto Section 875(c). Because under Kelner the statute criminalizes only “true threats,” there are no First Amendment concerns that require departure from the principle that a statute that does not specify a mens rea level requires only general intent.

Accordingly, under Section 875(c), the government need prove only that the defendant intentionally transmitted a communication in interstate commerce and that the circumstances were such that an ordinary, reasonable recipient familiar with the context of the communication would interpret it as a true threat of injury. See Sovie, 122 F.3d at 125 (citing United States v. Malik, 16 F.3d 45, 49 (2d Cir.1994)) [4] Because the government need not prove that a defendant intended his communication to be threatening, it follows that the indictment is adequate.

We therefore reverse.

1

. We express no view on the position that general intent would be appropriate in the absence of a Kelner-like limitation. See United States v. Kelner, 534 F.2d 1020 (2d Cir.1976).

2

. Section 871(a) provides in relevant part: "Whoever knowingly and willfully déposits for conveyance in the mail ... any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States . .., or knowingly and, willfully otherwise makes any such threat against the President ..., shall be fined under this title or imprisoned not more than five years, or both,” 18 U.S.C. § 871(a). Section 879(a) contains similar language, imposing penalties and imprisonment on "[wjhoever knowing-Iy and willfully threatens to kill, kidnap, or inflict bodily harm” on, inter alia, a former President or a member of his immediate family. 18 U.S.C. § 879(a).

3

.Indeed, we arrived at our conclusion in Johnson notwithstanding a "problematic” portion of the legislative history indicating that Section 879 requires “some evidence that the maker intended the statement to be a threat." 14 F.3d at 771 (quoting H.R.Rep. No. 97-725, at 4 (1982), reprinted in 1982 U.S.C.C.A.N. 2624, 2626) (internal quotation marks omitted). The legislative history of Section 875 does not raise similar concerns.

4

. We have routinely used the term "true threat” in setting forth the second element of the crime. See, e.g., Sovie, 122 F.3d at 125. While we continue to do so, we note that the question of whether a defendant’s communication is a true threat rather than speech protected by the First Amendment — a threshold question of law for the court, see Kelner, 534 F.2d at 1025 (whether statement is true threat rather than "mere political hyperbole” is question of law) — is different from the question of whether a reasonable person would interpret the communication as a true threat — a question for the jury at trial, see Malik, 16 F.3d at 49. See generally Robert Kurman Kelner, United States v. Jake Baker: Revisiting Threats and the First Amendment, 84 Va. L.Rev. 287 (1998).