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Potential Statutes for Threats Cases 18 U.S.C. $ 875(c) - Threatening Communications Prohibits sending interstate communications threatening to kidnap or injure any person. Elements: (1) Dcfendant knowingly scnt a communication in interstate or forcign commerce (c.g cmail. internet, text); (2) Containing a "true threat" to kidnap or injure the person of another, AND. (3) Dcfendant intendcd thc communication to be a threat. and knew it would bc perceived as a thrcat. Must prove defendant had a subjective, specific intent to thrcaten. b5 18 U.S.C. $ 876(b) and (c)- Mailing Threatening Communications. Prohibits mailing a threatening communication to kidnap or injure a person. Also prohibits mailing a threat with intent to extort money or another thing of value. Otherwise. similar to 875(c). 18 U.S.C. $ 2261A(2) - Cyberstalking, but also covers mail and electronic communications Prohibits using the mail or a facility of interstate commerce (e.g. internet, text. email. interstate phone call, and social media) with thc intcnt to kill. injure, harass, or intimidate a person. Must of or serious bodily injury to that person. an immediate family member, or a spousc or intimate. partner, or caused substantial emotional distress. Elements: (1) With the intcnt to harass or intimidate a person. (2) Defendant uscd thc mail or an electronic communication service or clcctronic communication system of interstate commcrce. or any other facility of interstatc or. foreign commerce. to cngagc in a course of conduct that either. 1 FBI (23-cv-1856)-3877