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

18 U.S.C. § 876

Mailing threatening communications

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(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.(June 25, 1948, ch. 645, 62 Stat. 741; Pub. L. 91–375, § 6(j)(7), Aug. 12, 1970, 84 Stat. 777; Pub. L. 103–322, title XXXIII, §§ 330016(1)(G), (H), (K), 330021(2), Sept. 13, 1994, 108 Stat. 2147, 2150; Pub. L. 107–273, div. C, title I, § 11008(d), Nov. 2, 2002, 116 Stat. 1818.)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 sections 3237 and 3239 of this title.

Changes in phraseology and arrangement were made.

Editorial NotesAmendments

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 SubsidiariesEffective Date of 1970 Amendment

Amendment 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.

Notes of Decisions
Cited in 659 cases (66 in the last 5 years), 1941–2026 · leading case: United States v. Shaun Chapman, 866 F.3d 129 (3rd Cir. 2017).
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United States v. Shaun Chapman, 866 F.3d 129 (3rd Cir. 2017). · cites it 18× “Chapman contends that his convictions pursuant to 18 U.S.C. § 876 (c) do not qualify as crimes of violence.”
United States v. Havelock, 664 F.3d 1284 (9th Cir. 2012). · cites it 23× “We start with the problem presented by this case: the meaning of “person” and of “addressed to” in 18 U.S.C. § 876 (c) (“§ 876(c)”), which prohibits the mailing of communications “addressed to any other person and containing any threat to kidnap any person or any threat to…”
United States v. Deborah Mae Carlson, 787 F.3d 939 (8th Cir. 2015). · cites it 43× “Deborah Mae Carlson was convicted after a jury trial of nine counts of mailing threatening communications and three counts of mailing extortionate communications under various provisions of 18 U.S.C. § 876 . On appeal, Carlson challenges her convictions for the three counts of…”
United States v. Bly, 510 F.3d 453 (4th Cir. 2007). · cites it 10× “Bly appeals from the district court's refusal to dismiss the portion of an indictment charging him with a violation of 18 U.S.C. § 876 (b) (the "§ 876(b) Offense").”
United States v. Williams, 376 F.3d 1048 (10th Cir. 2004). · cites it 10× “Williams' was convicted after a jury trial on seven counts of mailing threatening communications in violation of 18 U.S.C. § 876 . Williams was tried in the United States District Court for the District of Colorado.”
United States v. Holland, 519 F.3d 909 (9th Cir. 2008). · cites it 3× “I Russell Laroy Holland pled guilty to one count each under 18 U.S.C. § 876 and 18 U.S.C. § 871 for mailing threatening communications and threatening the President of the United States.”
United States v. Jacob De La Fuente, 353 F.3d 766 (9th Cir. 2003). · cites it 6× “Jacob De La Fuente pled guilty to two counts of mailing threats to injure in violation of 18 U.S.C. § 876 (c). Pursuant to the Mandatory Victims Restitution Act of 1996 (MVRA), 18 U.”
United States v. Rosemary Zavrel, 384 F.3d 130 (3rd Cir. 2004). · cites it 11× “to injure the person of the addressee” under 18 U.S.C. § 876 . For the reasons that follow, we hold that it does, and we therefore affirm the judgment of conviction.”
United States v. Theron Johnny Maxton, (Two Cases), 940 F.2d 103 (4th Cir. 1991). · cites it 10× “*104 OPINION DONALD RUSSELL, Circuit Judge: On August 8, 1989, Defendant Theron Johnny Maxton, an inmate in the South Carolina state correctional system, was convicted in the United States District Court for the District of South Carolina of violating 18 U.S.C. § 876 by sending…”
United States v. Williams, 641 F.3d 758 (6th Cir. 2011). · cites it 6× “Williams proceeded pro se at trial, and a jury convicted him of mailing a threatening communication to a federal judge in violation of 18 U.S.C. § 876 (c). The district court proceeded to sentence Williams without first obtaining a presentence report and conducted the hearing by…”
United States v. Mabie, 663 F.3d 322 (8th Cir. 2011). · cites it 6× “A jury found William Mabie guilty of three counts of mailing threatening communications, in violation of 18 U.S.C. § 876 (c), and one count of interstate communication of a threat, in violation of 18 U.”
United States v. Havelock, 619 F.3d 1091 (9th Cir. 2010). · cites it 18× “OPINION CANBY, Circuit Judge: Kurt William Havelock appeals his jury conviction of six counts of mailing threatening communications in violation of 18 U.S.C. § 876 (c), which makes it a felony to mail a communication "addressed to any other person and containing .”
Show all 659 citing cases →
— 18 U.S.C. § 876(c) — 2 cases
United States v. Kent Allen Crawford (11th Cir. 2022).
Tomkins v. United States (N.D. Ill. 2018).
— 18 U.S.C. § 876(d) — 1 case
Haapaniemi v. Warden Hijar (W.D. Tex. 2022).
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