Title 18 — Crimes and Criminal Procedure
Part I · Chapter 41 — Extortion and Threats
§ 876. Mailing threatening communications
Statutory text
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.
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.
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.
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.
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.
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 876
June 25, 1948, ch. 645, 62 Stat. 741
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 741Postal Reorganization Act
Pub. L. 91–375 § 6(j)(7) · 84 Stat. 719
Substituted · 18 U.S.C. § 876
Pub. L. 91–375 substituted “Postal Service” for “Post Office Department” in two places in first par
Source evidence
Code amendment note
Pub. L. 91–375 substituted “Postal Service” for “Post Office Department” in two places in first par.Enacted provision · exact public law section
(7) Sections 612 and 876 are amended by striking out the phrase 64 Stat. 475. 62 Stat. 741. “Post Office Department” wherever it appears and inserting in lieu thereof “Postal Service”.Effective date note
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.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 330021(2) · 108 Stat. 1796
Substituted · 18 U.S.C. § 876
Pub. L. 103–322, § 330021(2), substituted “kidnapped” for “kidnaped” in first par
Source evidence
Code amendment note
Pub. L. 103–322, § 330021(2), substituted “kidnapped” for “kidnaped” in first par.Enacted provision · exact public law section
(2) by striking “kidnaped” each place it appears and inserting “kidnapped”.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 330016(1)(K) · 108 Stat. 1796
Substituted · 18 U.S.C. § 876
Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000” in first and second pars
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000” in first and second pars.Enacted provision · exact public law section
(K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by striking “not more than $5,000” each place it appears and inserting “under this title”;Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 330016(1)(H) · 108 Stat. 1796
Substituted · 18 U.S.C. § 876
Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000” in third par
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000” in third par.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”;Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 330016(1)(G) · 108 Stat. 1796
Substituted · 18 U.S.C. § 876
Pub. L. 103–322, § 330016(1)(G), substituted “fined under this title” for “fined not more than $500” in fourth par
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–322, § 330016(1)(G), substituted “fined under this title” for “fined not more than $500” in fourth par.Enacted provision · exact public law section
(G) in sections 4, 41, 42, 46, 47, 112, 154, 244, 288, 290, 336, 475, 501, 502, 755, 872, 875, 876, 877, 917, 1013, 1018, 1024, 1154, 1155, 1156, 1382, 1541, 1700, 1703, 1704, 1707, 1712, 1713, 1720, 1721, 1722, 1729, 1731, 1734, 1752, 1793, 1856, 1857, 1863, 1912, 1913, 1922, 2074, 2195, and 2511 by striking “not more than $500” each place it appears and inserting “under this title”;Federal Judiciary Protection Act of 2002
Pub. L. 107–273 div. C title I § 11008(d) · 116 Stat. 1758
Amended · 18 U.S.C. § 876
Pub. L. 107–273 designated first to fourth pars. as subsecs. (a) to (d), respectively, and, in subsecs. (c) and (d)
Inserted · 18 U.S.C. § 876
Pub. L. 107–273 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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(d) Mailing Threatening Communications.— Section 876 of title 18, United States Code, is amended— (1) by designating the first 4 undesignated paragraphs as subsections (a) through (d), respectively; (2) in subsection (c), as redesignated by paragraph (1), by adding at the end the following: “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.”; and (3) in subsection (d), as redesignated by paragraph (1), by adding at the end the following: “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.”.
7 of 8 references resolved to an enrolled provision · 1 partial
Notes
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 Notes
Amendments1970–2002 · 3 rounds
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 Subsidiaries
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–375 effective within 1 year after , 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.
Credits
1948–2002 · 4 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 741
- 1970Pub. L. 91–375, § 6(j)(7), , 84 Stat. 777
- 1994Pub. L. 103–322, title XXXIII, §§ 330016(1)(G), (H), (K), 330021(2), , 108 Stat. 2147, 2150
- 2002Pub. L. 107–273, div. C, title I, § 11008(d), , 116 Stat. 1818.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 741; Pub. L. 91–375, § 6(j)(7), , 84 Stat. 777; Pub. L. 103–322, title XXXIII, §§ 330016(1)(G), (H), (K), 330021(2), , 108 Stat. 2147, 2150; Pub. L. 107–273, div. C, title I, § 11008(d), , 116 Stat. 1818.)