18 U.S.C. § 871
Threats against President and successors to the Presidency
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.
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
Pub. L. 106–544, § 1,
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).
Hunter v. Bryant, 502 U.S. 224 (1991). “*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). “And the Federal Government can criminalize only those threats of violence that are directed against the President, see 18 U. S. C. § 871since 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). “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). “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). “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). “[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 (3rd Cir. 2017). “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). “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). “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). “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). “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). “§ 876 and 18 U.S.C. § 871 for mailing threatening communications and threatening the President of the United States.”
— 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 (N.C. Ct. App. 2020).
State v. Taylor (N.C. Ct. App. 2020).
State v. Taylor (N.C. Ct. App. 2020).
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