§ 871. Threats against President and successors to the Presidency

Statutory text

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.

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 871
June 25, 1948, ch. 645, 62 Stat. 740
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 740
1962
Pub. L. 87–829 § 1 · 76 Stat. 956
1. Amended · 18 U.S.C. § 871
  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
2. Added · 18 U.S.C. § 871
  Pub. L. 87–829 added subsec. (b)
3. Substituted · 18 U.S.C. § 871
  Pub. L. 87–829 substituted “and successors to the Presidency” for “, President-elect, and Vice President” in section catchline
Source evidence
Code amendment note
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.
1982
Pub. L. 97–297 § 2 · 96 Stat. 1317
Inserted · 18 U.S.C. § 871(a)
Pub. L. 97–297 inserted “, to kidnap,” after “containing any threat to take the life of”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–297 inserted “, to kidnap,” after “containing any threat to take the life of”.
Enacted provision · exact public law section
Sec. 2. Section 871(a) of title 18, United States Code, is amended by inserting after “to take the life of” the following: “, to kidnap,”.
1994
Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330016(1)(H) · 108 Stat. 1796
Substituted · 18 U.S.C. § 871(a)
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”.
Enacted provision · exact public law section
(H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292, 439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 594, 595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 712, 751, 752, 756, 795, 796, 797, 836, 844, 871, 875, 876, 877, 879, 911, 912, 913, 924, 957, 959, 961, 1003, 1012, 1021, 1025, 1026, 1071, 1112, 1163, 1262, 1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361, 1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382, and 2389 by striking “not more than $1,000” each place it appears and inserting “under this title”;

2 of 6 references resolved to an enrolled provision · 4 partial

Notes

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 Notes

Amendments1955–1994 · 4 rounds

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 Subsidiaries

Short 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’.”

Credits

1948–1994 · 5 acts

1948June 25, 1948, ch. 645, 62 Stat. 740
1955June 1, 1955, ch. 115, § 1, 69 Stat. 80
1962Pub. L. 87–829, § 1, Oct. 15, 1962, 76 Stat. 956
1982Pub. L. 97–297, § 2, Oct. 12, 1982, 96 Stat. 1318
1994Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.

Show as published

(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.)