18 U.S.C. § 876 – Mailing Threatening Communications
18 U.S.C. § 876 makes it a federal crime to mail threatening communications through the United States Postal Service.
This statute applies when someone knowingly uses the mail to send a letter or package that contains a threat to kidnap, injure, extort, or demand ransom from another person or entity.
Federal prosecutors treat mailing threatening communications as a serious offense, especially when the communication involves extortion, blackmail, or threats of physical harm.
If you are under investigation or have been charged under 18 U.S.C. § 876, you should immediately consult an experienced federal criminal defense attorney.
Your best hope for a favorable outcome is with an experienced criminal defense attorney at the Hedding Law Firm in Los Angeles. To schedule a consultation, call (866) 986-2092 or use the contact form here.
What Is Mailing Threatening Communications?
Under 18 U.S.C. § 876, it is illegal to:
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Deposit a threatening communication into the U.S. mail
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Cause a threatening letter or package to be delivered by mail
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Send a ransom demand through the mail
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Attempt extortion by mailing threats of harm or kidnapping
The statute applies whether or not the intended recipient actually receives the communication. The key element is the use of the mail system.
What Types of Threats Are Covered?
The statute covers several categories of conduct.
Ransom Demands
Mailing a demand for ransom in connection with a kidnapping.
Threats to Kidnap or Injure
Mailing a letter threatening physical harm to another person.
Extortion and Blackmail
Mailing a communication demanding money or something of value in exchange for not harming a person, property, or reputation.
Reputation-Based Threats
Threatening to release damaging information unless payment or a benefit is provided.
Even if no physical harm is threatened, economic or reputational threats may still qualify.
What Must the Government Prove?
To convict under 18 U.S.C. § 876, federal prosecutors must prove beyond a reasonable doubt:
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The defendant knowingly deposited a communication into the U.S. mail
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The communication was addressed to another person or entity
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The communication contained a threat covered by the statute
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The defendant acted knowingly and intentionally
Intent is critical. The government must show that the defendant intended the communication to contain a threat.
Does the Law Apply to Corporations?
Yes.
The term “person” in federal criminal statutes can include corporations and other legal entities.
A corporation may be considered the victim if:
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The letter threatens damage to corporate property
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The communication threatens reputational harm
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The letter is addressed to a specific officer, employee, or representative
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The communication demands money, contracts, promotions, or business concessions
Courts evaluate whether the content demonstrates intent to threaten someone within the organization.
When Is It a Federal Crime Instead of a State Crime?
Many states criminalize threatening letters and extortion.
Federal jurisdiction typically applies when:
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The U.S. mail system is used
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The threat crosses state lines
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The conduct involves federal officials or agencies
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The matter implicates interstate or federal interests
Federal investigations are often conducted by:
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The Federal Bureau of Investigation
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U.S. Postal Inspectors
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Homeland Security Investigations
Related Federal Threat and Extortion Statutes
Mailing threatening communications often overlaps with other federal statutes, including:
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18 U.S.C. § 871 – Threats against the President
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18 U.S.C. § 872 – Extortion by federal employees
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18 U.S.C. § 873 – Blackmail
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18 U.S.C. § 875 – Interstate threatening communications
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18 U.S.C. § 1201 – Kidnapping
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18 U.S.C. § 1202 – Ransom money
Prosecutors may charge multiple offenses in the same case depending on the facts.
Penalties for Violating 18 U.S.C. § 876
Penalties vary depending on the nature of the threat.
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Up to 5 years in federal prison for threats of injury or extortion without physical harm
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Up to 10 years if the communication targets a federal judge or official
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Up to 20 years if the letter includes a ransom demand or threat of kidnapping
Additional penalties may include:
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Fines
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Supervised release
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Restitution
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Sentencing enhancements under the Federal Sentencing Guidelines
Because each subsection carries different exposure, sentencing analysis requires careful review.
Common Defenses to Mailing Threat Charges
Every case depends on the specific evidence and context.
Potential defenses may include:
Lack of Intent
The defendant did not knowingly send or intend to send a threatening communication.
No True Threat
The communication was sarcastic, exaggerated, or lacked credible intent to cause harm.
Misidentification
The defendant did not author or mail the communication.
Lack of Knowledge
The defendant was unaware of the contents of the letter.
Constitutional Defenses
In some cases, First Amendment considerations may arise if the alleged threat does not qualify as a “true threat.”
A thorough examination of the language used, tone, context, and surrounding circumstances is critical.
Frequently Asked Questions About 18 U.S.C. § 876
Does the victim have to receive the letter?
No. The offense is complete once the threatening communication is deposited in the mail.
Is email covered under this statute?
No. Email threats are generally prosecuted under 18 U.S.C. § 875, which covers interstate communications.
What is considered a true threat?
A true threat is a serious expression of intent to commit harm, not merely political rhetoric or hyperbole.
Can a joke be prosecuted?
If a reasonable person would interpret the communication as a serious threat, it may qualify. Context matters significantly.
Can charges be reduced?
Depending on the evidence and circumstances, charges may be reduced or negotiated.
Speak With a Federal Criminal Defense Attorney
Federal charges under 18 U.S.C. § 876 can result in significant prison time and long-term consequences.
If you are under investigation or have been charged with mailing threatening communications, early legal intervention is critical.
The Hedding Law Firm represents clients nationwide in complex federal criminal cases. The firm is located in Los Angeles. .
For a confidential consultation, contact us to discuss your defense strategy.
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