Fill and Sign the 18 Us Code871 Threats Against President and Successors Form

25 Threats Against The President 18 USC § 871 Title 18, United States Code, Section 871, makes it a Federal crimeor offense for anyone to willfully make a true threat t o injure or kill thePresident of t he United States. The Defendant can be found guilt y of that offense only if all of the following facts are proved beyond a reasonable doubt:First: That t he Defendant [mailed] [wrote] [said] t he words alleged to be the threat against the President as charged in the indictment;Second: That the Defendant understood and meant t he words as a true threat; andThird: That t he Defendant [mailed] [wrote] [said] the words knowingly and willfully. A " threat" is a statement expressing an intention to kill or injure the President; and a " t rue threat" means a serious threat as distinguished from words used as mere political argument, idle or careless talk, or something said in a joking manner. A statement is a true threat if it was made under such circumstances that a reasonable person would construe it as a serious expression of an intent to inflict bodily harm upon or to take the life of the President. The essence of t he offense is the knowing and willful making of a true threat. So, if it is proved beyond a reasonable doubt t hat the Defendant knowingly made a true threat against t he President, willfully intending t hatit be understood by others as a serious threat, then the offense is176complete; it is not necessary to prove that the Defendant actuallyintended t o carry out the threat. ANNOTATIONS AND COMMENTS USC § 87 1(a) provides: Whoever knowingly and willfully deposits for conveyance in the mail . . . any letter . . . or document containing any threat to take the life of , t o kidnap, or to inflict bodily harm upon the President of t he United States . . . or knowingly and willfully otherwise makes any such threat against t he President [shall be guilt y of an offense against t he United States].Maximum Penalty: Five (5) years imprisonment and $ 250,0 00 fine. The language defining a " true threat " provides explanation and clarification as to t he proper standard to be applied in determining whether a threat is a true threat or not . See, e.g., Unit ed States v. Callahan, 702 F.2d 964, 965 (11th Cir. 1983); see generally Lucero v. Trosch, 9 04 F.Supp. 1 33 6, 13 40 (S.D. A la. 1 99 5).