18 U.S.C. § 879

Threats against former Presidents and certain other persons

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(a) Whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm upon—(1) a former President or a member of the immediate family of a former President;(2) a member of the immediate family of the President, the President-elect, the Vice President, or the Vice President-elect;(3) a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate; or(4) a person protected by the Secret Service under section 3056(a)(6);shall be fined under this title or imprisoned not more than 5 years, or both.(b) As used in this section—(1) the term “immediate family” means—(A) with respect to subsection (a)(1) of this section, the spouse of a former President during a former President’s lifetime, the surviving spouse of a former President until the surviving spouse’s death or remarriage, and minor children of a former President until they reach sixteen years of age; and(B) with respect to subsection (a)(2) and (a)(3) of this section, a person to whom the President, President-elect, Vice President, Vice President-elect, or major candidate for the office of President or Vice President—(i) is related by blood, marriage, or adoption; or(ii) stands in loco parentis;(2) the term “major candidate for the office of President or Vice President” means a candidate referred to in subsection (a)(7) of section 3056 of this title; and(3) the terms “President-elect” and “Vice President-elect” have the meanings given those terms in section 871(b) of this title.(Added Pub. L. 97–297, § 1(a), Oct. 12, 1982, 96 Stat. 1317; amended Pub. L. 98–587, § 3(a), Oct. 30, 1984, 98 Stat. 3111; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 106–544, § 2(a), (b)(1), Dec. 19, 2000, 114 Stat. 2715; Pub. L. 117–272, § 2, Dec. 27, 2022, 136 Stat. 4181.)Editorial NotesAmendments

2022—Subsec. (b)(1)(A). Pub. L. 117–272 substituted “the spouse of a former President during a former President’s lifetime, the surviving spouse of a former President until the surviving spouse’s death or remarriage” for “the wife of a former President during his lifetime, the widow of a former President until her death or remarriage”.

2000—Pub. L. 106–544, § 2(b)(1), struck out “protected by the Secret Service” after “other persons” in section catchline.

Subsec. (a). Pub. L. 106–544, § 2(a)(1)–(4), in par. (3), substituted “a member of the immediate family” for “the spouse”, added par. (4), and, in concluding provisions, struck out “who is protected by the Secret Service as provided by law,” before “shall be fined” and substituted “5 years” for “three years”.

Subsec. (b)(1)(B). Pub. L. 106–544, § 2(a)(5), in introductory provisions, inserted “and (a)(3)” after “subsection (a)(2)” and substituted “Vice President-elect, or major candidate for the office of President or Vice President” for “or Vice President-elect”.

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

1984—Subsec. (b)(2). Pub. L. 98–587 substituted “subsection (a)(7) of section 3056 of this title” for “the first section of the joint resolution entitled ‘Joint resolution to authorize the United States Secret Service to furnish protection to major Presidential or Vice Presidential candidates’, approved June 6, 1968 (18 U.S.C. 3056 note)”.

Statutory Notes and Related SubsidiariesTransfer of Functions

For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Notes of Decisions

Cited in 29 cases (3 in the last 5 years), 1987–2023 · leading case: United States v. Bagdasarian, 652 F.3d 1113 (9th Cir. 2011).

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United States v. Bagdasarian, 652 F.3d 1113 (9th Cir. 2011). · cites it 16× “[7] *1115 Here, we review a district court's conviction under 18 U.S.C. § 879 (a)(3), which makes it a felony to threaten to kill or do bodily harm to a major presidential candidate.”

United States v. Clemens, 738 F.3d 1 (1st Cir. 2013). · cites it 2× “To date, only the Ninth Circuit has held that this language from Black imposes a subjective intent requirement in a criminal threat statute, 18 U.S.C. § 879 (a)(3), which prohibits certain threats against presidential candidates and their families.”

United States v. Gregory Stuart Gordon, 974 F.2d 1110 (9th Cir. 1992). · cites it 3× “SNEED, Circuit Judge: Gregory Stuart Gordon was convicted in a jury trial of making threats against a former President in violation of 18 U.S.C. § 879 (a)(1). 1 He appeals, challenging the sufficiency of the evidence as well as the district court’s denial of four pretrial…”

United States v. Clifton L. Cousins, 469 F.3d 572 (6th Cir. 2006). “§ 871 (a), and the President’s family, in violation of 18 U.S.C. § 879 (a)(2). The base offense level for each of these crimes is 12.”

United States v. Richards, 415 F. Supp. 2d 547 (E.D. Pa. 2005). · cites it 7× “Defendant Maurice Richards is charged with one count of knowingly and willfully threatening to kill and inflict bodily harm upon Senator Hillary Rodham Clinton, the wife of former President William Jefferson *549 Clinton, in violation of 18 U.S.C. § 879 (a)(1). (Indictment, Doc.”

United States v. Kosma, 749 F. Supp. 1392 (E.D. Pa. 1990). · cites it 6× “§ 871 and in count three with making threats on the life of a former President of the United States in violation of 18 U.S.C. § 879 . The offenses charged in counts one and two are alleged to have occurred, respectively, on March 2, 1988 and April 20, 1988.”

United States v. Kenneth Robert Spring, 305 F.3d 276 (4th Cir. 2002). “§ 875 (c) (West 2000) in accord with precedents pertaining to § 871 and 18 U.S.C.A. § 879 (a) (West Supp. 2002)).”

United States v. Jesse Gutierrez, 443 F. App'x 898 (5th Cir. 2011). · cites it 2× “Bush, in violation of 18 U.S.C. § 879 ; and threatening to assault and murder a Special Agent of the United * Pursuant to 5th Cir.”

United States v. Louis A. Kosma, 951 F.2d 549 (3rd Cir. 1991). “Kosma was then indicted on a third count of making a threat on the life of a former President of the United States in violation of 18 U.S.C. § 879 (1988). 3 In a non-jury trial in November 1990, the district court found Kosma guilty of violating section 871 (threats against the…”

United States v. Michael Francis, 164 F.3d 120 (2d Cir. 1999). “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.”

United States v. Jackson Rip Holmes, 863 F.2d 4 (2d Cir. 1988). · cites it 2× “Appellant was convicted on two counts of threatening the son of the Vice-President of the United States, in violation of 18 U.S.C. § 879 (a)(2). Count One charged appellant with threatening to kill Vice-President George Bush’s son Jeb, and was based on an oral threat against…”

United States v. Londell Williams, United States of Am. v. Tammy J. Williams, 879 F.2d 454 (8th Cir. 1989). “In a four count indictment Londell Williams was charged with willfully threatening to kill and inflict bodily harm on a major candidate for the office of President of the United States in violation of 18 U.S. C. § 879(a)(3) (1982) (Count I); possession of an unregistered firearm…”

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— 18 U.S.C. § 879(a)(1) — 1 case

United States v. Gregory Stuart Gordon, 974 F.2d 1110 (9th Cir. 1992). “SNEED, Circuit Judge: Gregory Stuart Gordon was convicted in a jury trial of making threats against a former President in violation of 18 U.S.C. § 879 (a)(1). 1 He appeals, challenging the sufficiency of the evidence as well as the district court’s denial of four pretrial…”

— 18 U.S.C. § 879(a)(3) — 1 case

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