Threatening a Federal Official – 18 U.S.C. § 115
Federal Criminal Defense Lawyer in Los Angeles
Being accused of threatening a federal official, judge, or law enforcement officer is a serious federal offense. Under 18 U.S.C. § 115, it is a crime to threaten, assault, kidnap, or murder certain federal officials—or their immediate family members—when done with the intent to interfere with their duties or retaliate for official actions.
You do not have to carry out the threat to face prosecution. A statement alone—made in person, over the phone, by email, text message, or on social media—can trigger a federal investigation.
If you are under investigation or charged in federal court, you are facing aggressive prosecution and potentially years in federal prison. Early representation by an experienced federal criminal defense attorney is critical.
Your best hope for a favorable outcome is with a highly 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 18 U.S.C. § 115?
18 U.S.C. § 115 criminalizes:
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Threatening to assault, kidnap, or murder a federal official
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Threatening immediate family members of a federal official
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Assaulting, kidnapping, or murdering such individuals
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Attempting or conspiring to commit those acts
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Retaliating against former officials for actions taken during their service
The statute applies when the threat or act is made with the intent to:
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Influence or impede official duties
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Intimidate a federal official
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Retaliate for decisions, investigations, arrests, or rulings
This law protects both current and former officials and extends to their immediate family members.
Who Is Protected Under This Law?
18 U.S.C. § 115 protects:
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Federal judges
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Federal prosecutors
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Federal law enforcement officers
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Members of Congress
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Executive branch officials
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Certain intelligence officials
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Former federal officials
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Immediate family members of these individuals
Federal law takes threats against public officials extremely seriously because such conduct can disrupt government functions and endanger lives.
What Must the Government Prove?
To convict someone under 18 U.S.C. § 115, federal prosecutors must prove beyond a reasonable doubt:
1. A Threat or Prohibited Act Occurred
There must be a statement, communication, or action that expresses an intent to assault, kidnap, or murder.
Threats can be made:
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In person
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By voicemail
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Through text messages
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By email
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On social media
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In letters or written notes
Alternatively, prosecutors must prove an actual assault, kidnapping, or murder.
2. The Target Was a Protected Official or Family Member
The alleged victim must qualify as a federal official or immediate family member under the statute.
3. Specific Intent
The government must prove the threat was made with the intent to:
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Interfere with official duties, or
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Retaliate for official actions
4. A “True Threat”
Courts require that the statement qualify as a “true threat.” This means a reasonable person would interpret the statement as a serious expression of intent to cause harm.
Importantly, the government does not need to prove the defendant intended to actually carry out the threat—only that the communication was serious and intended to intimidate or retaliate.
Common Situations That Lead to Federal Charges
Federal threat cases frequently arise from:
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Angry social media posts directed at judges or prosecutors
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Threatening emails were sent after court rulings
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Voicemails left for federal agents
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Statements made during arrests or investigations
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Online political commentary that crosses into criminal territory
Because digital communications are easily traced and preserved, many § 115 prosecutions begin with online activity.
Penalties for Violating 18 U.S.C. § 115
Penalties depend on the severity of the alleged conduct.
Threats Alone
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Threatened assault: up to 6 years in federal prison
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Threatened kidnapping or murder: up to 10 years
Assault
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Simple assault: up to 1 year
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Assault involving physical contact: up to 10 years
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Assault causing bodily injury: up to 20 years
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Assault with a dangerous weapon: up to 30 years
Kidnapping or Murder
More severe conduct is prosecuted under additional federal statutes and can carry:
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Life imprisonment
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In rare cases, capital punishment
Federal sentencing guidelines can increase penalties based on:
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Criminal history
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Injury severity
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Official victim enhancements
Even first-time offenders can face substantial prison exposure.
First Amendment Issues in Federal Threat Cases
One of the most critical legal issues in 18 U.S.C. § 115 cases is whether the alleged statement qualifies as protected speech.
The First Amendment protects:
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Political speech
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Offensive speech
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Emotional outbursts
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Hyperbole and exaggeration
However, it does not protect “true threats.”
Courts analyze:
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Context
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Specific language used
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The audience
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Whether a reasonable person would view it as serious
Distinguishing between constitutionally protected speech and a criminal threat is often the central issue in these cases.
Common Defenses to 18 U.S.C. § 115 Charges
Every case requires a customized strategy, but common defenses include:
Lack of Intent
The prosecution must prove specific intent to interfere or retaliate. Statements made in anger or frustration may lack the required intent.
No True Threat
The alleged communication may have been exaggerated, sarcastic, or rhetorical—not a genuine threat.
Mistaken Identity
Online accounts may be hacked, spoofed, or shared. Attribution of digital communications is not always straightforward.
Insufficient Evidence
The government must prove every element beyond a reasonable doubt. Weak or ambiguous evidence may lead to dismissal or reduction.
Constitutional Challenges
Defense counsel may challenge overbroad application of the statute where speech protections apply.
Why Early Legal Intervention Matters
Federal investigators take threats against officials extremely seriously. Agencies may move quickly to:
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Obtain search warrants
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Seize digital devices
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Conduct interviews
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Present evidence to a grand jury
If federal agents contact you:
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Do not consent to questioning without counsel
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Do not discuss the case online
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Do not attempt to “clarify” statements on social media
Early defense strategy may prevent formal charges or significantly improve your outcome.
Frequently Asked Questions
Is it illegal to threaten a federal judge online?
Yes. Even online statements can result in prosecution if they qualify as true threats under 18 U.S.C. § 115.
Do I have to intend to carry out the threat?
No. The government does not need to prove you intended to follow through—only that the threat was serious and intended to intimidate or retaliate.
Can political speech be protected?
Yes. Courts distinguish between protected political speech and criminal threats. Context matters.
Is 18 U.S.C. § 115 always a felony?
Most violations involving kidnapping or murder threats are felonies carrying up to 10 years or more.
Can charges be reduced?
Depending on the facts, intent, and evidence, charges may sometimes be reduced or resolved through negotiation.
Federal Threat Charges in Los Angeles
If you are accused of threatening a federal official or their family, you are facing the full power of the federal government. These cases are prosecuted aggressively and can carry life-changing consequences.
An experienced federal criminal defense attorney can:
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Analyze whether the statement qualifies as a true threat
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Challenge intent and constitutional issues
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Review digital forensic evidence
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Negotiate strategically with federal prosecutors
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Prepare a strong defense in U.S. District Court
The Hedding Law Firm is based in Los Angeles, California, and represents individuals charged with serious federal crimes. We provide confidential case evaluations and strategic federal defense representation.
If you are under investigation or have been charged under 18 U.S.C. § 115, act immediately. Early legal action can protect your rights, your freedom, and your future. Schedule your consultation today.
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