U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 41— EXTORTION AND THREATS

18 U.S.C. § 871

Threats against President and successors to the Presidency

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(a) Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or knowingly and willfully otherwise makes any such threat against the President, President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect, shall be fined under this title or imprisoned not more than five years, or both.(b) The terms “President-elect” and “Vice President-elect” as used in this section shall mean such persons as are the apparent successful candidates for the offices of President and Vice President, respectively, as ascertained from the results of the general elections held to determine the electors of President and Vice President in accordance with title 3, United States Code, sections 1 and 2. The phrase “other officer next in the order of succession to the office of President” as used in this section shall mean the person next in the order of succession to act as President in accordance with title 3, United States Code, sections 19 and 20.(June 25, 1948, ch. 645, 62 Stat. 740; June 1, 1955, ch. 115, § 1, 69 Stat. 80; Pub. L. 87–829, § 1, Oct. 15, 1962, 76 Stat. 956; Pub. L. 97–297, § 2, Oct. 12, 1982, 96 Stat. 1318; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 89 (Feb. 14, 1917, ch. 64, 39 Stat. 919).

Reference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title.

Minor changes were made in phraseology.

Editorial NotesAmendments

1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”.

1982—Subsec. (a). Pub. L. 97–297 inserted “, to kidnap,” after “containing any threat to take the life of”.

1962—Pub. L. 87–829 designated existing provisions as subsec. (a), extended the provisions of such subsection to include any other officer next on the order of succession to the office of President and the Vice-President-elect, added subsec. (b), and substituted “and successors to the Presidency” for “, President-elect, and Vice President” in section catchline.

1955—Act June 1, 1955, included in section catchline and in text, provision for penalties for threats against the President-elect and the Vice President.

Statutory Notes and Related SubsidiariesShort Title of 2000 Amendment

Pub. L. 106–544, § 1, Dec. 19, 2000, 114 Stat. 2715, provided that: “This Act [amending sections 879, 3056 and 3486 of this title, repealing section 3486A of this title, and enacting provisions set out as notes under section 3056 of this title, section 551 of Title 5, Government Organization and Employees, and section 566 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Presidential Threat Protection Act of 2000’.”

Notes of Decisions
Cited in 598 cases (25 in the last 5 years), 1942–2026 · leading case: Hunter v. Bryant, 502 U.S. 224 (1991).
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Hunter v. Bryant, 502 U.S. 224 (1991). · cites it 8× “*226 Hunter and Jordan arrested Bryant for making threats against the President, in violation of 18 U. S. C. § 871 (a). [*] Bryant was arraigned and held without bond until May 17, 1985, when the criminal complaint was dismissed on the Government's motion.”
R. A. v. v. City of St. Paul, 505 U.S. 377 (1992). · cites it 6× “And the Federal Government can criminalize only those threats of violence that are directed against the President, see 18 U. S. C. § 871—since the reasons why threats of violence are outside the First Amendment (protecting individuals from the fear of violence, from the…”
Branzburg v. Hayes, 408 U.S. 665 (1972). · cites it 10× “These documents stated that the grand jury was investigating, among other things, possible violations of a number of criminal statutes, including 18 U. S. C. § 871 (threats against the President), 18 U.”
United States v. Robert Allen Romo, 413 F.3d 1044 (9th Cir. 2005). · cites it 10× “McKEOWN, Circuit Judge: Robert Romo appeals his conviction for threatening the President in violation of 18 U.S.C. § 871 (a). Although he confessed to a licensed counselor that he made such a threat, he now claims that the counselor’s trial testimony was admitted in violation of…”
United States v. Robert D. Stewart, Jr., AKA Robert Wilson Stewart, Bob Stewart, 420 F.3d 1007 (9th Cir. 2005). · cites it 6× “1969) (holding that for purposes of 18 U.S.C. § 871 , which proscribes threats made against the President, a threat is a “true threat” if “a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious…”
Rankin v. McPherson, 483 U.S. 378 (1987). · cites it 4× “[11] While a statement *387 that amounted to a threat to kill the President would not be protected by the First Amendment, the District Court concluded, and we agree, that McPherson's statement did not amount to a threat punishable under 18 U. S. C. § 871 (a) or 18 U. S. C. §…”
United States v. Shaun Chapman, 866 F.3d 129 (3d Cir. 2017). · cites it 4× “A few months later, a federal grand jury returned an indictment charging Chapman with threatening the President, in violation of 18 U.S.C. § 871 (a). Chapman pled guilty and was sentenced to 30 months’ imprisonment.”
United States v. Pinson, 542 F.3d 822 (10th Cir. 2008). · cites it 6× “Jeremy Vaughn Pinson, a mentally-ill inmate with a propensity for making grandiose threats, was convicted of one count of threatening to harm the President of the United States in violation of 18 U.S.C. § 871 . Following his conviction, but prior to sentencing, he falsely told…”
United States v. Paul Kent Cassel, 408 F.3d 622 (9th Cir. 2005). · cites it 5× “He was convicted of violating 18 U.S.C. § 871 (a), which prohibits “knowingly and willfully mak[ing] any threat to take the life of or to inflict bodily harm upon the President of the United States.”
United States v. Alfredo Orozco-Santillan, 903 F.2d 1262 (9th Cir. 1990). · cites it 6× “1987) (applying 18 U.S.C. § 871 , which governs threats to assault or kill the President)); accord United States v.”
United States v. Zebuel Jackson Hanna, 293 F.3d 1080 (9th Cir. 2002). · cites it 5× “Defendant Zebuel Jackson Hanna appeals his conviction on seven counts of making threats against the President of the United States in violation of 18 U.S.C. § 871 (a). We reverse and remand for a new trial.”
United States v. Holland, 519 F.3d 909 (9th Cir. 2008). · cites it 2× “§ 876 and 18 U.S.C. § 871 for mailing threatening communications and threatening the President of the United States.”
Show all 598 citing cases →
18 U.S.C. § 871(a): 6 cases
Robert Watts v. United States, 402 F.2d 676 (D.C. Cir. 1968).
United States v. Bill Holder, 427 F.2d 715 (9th Cir. 1970).
State v. Taylor, 841 S.E.2d 776 (N.C. Ct. App. 2020).
State v. Taylor, 841 S.E.2d 776 (N.C. Ct. App. 2020).
State v. Taylor, 841 S.E.2d 776 (N.C. Ct. App. 2020).
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