The 'Lectric Law Library's Lexicon On
* Threats Against President *

 

THREATS AGAINST PRESIDENT - 18 USC 871, makes it a Federal crime or offense for anyone to willfully make a true threat to injure or kill the President of the United States.

A person can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

First: That the person uttered words alleged to be the threat against the President;

Second: That the person understood and meant the words he used as a true threat; and

Third: That the person uttered the words knowingly and willfully.

A "threat" is a statement expressing an intention to kill or injure the President; and a "true 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.

The essence of the offense is the knowing and willful making of a true threat. So, if it is proved beyond a reasonable doubt that the person knowingly made a true threat against the President, willfully intending that it be understood by others as a serious threat, then the offense is complete; it is not necessary to prove that the person actually intended to carry out the threat.


Need a Lawyer? Check Out The 'Lectric Law Library's Searchable Attorney Directory
& our Searchable Expert Witness Directory

Back To The Letter * T *
  The Lexicon's Lyceum Other Letters' Terms & Important Info.
  The Reference Room Dozens Of Legal Topic Areas
  The Rotunda Our Central Hub, Directory & Index
Search by
Google
Web Search Search the Library

Court, Business and Personal Forms for all Situations and Locations
'LLL's 25,000+ Premium Forms - Every Subject, Every State
(This should open a new window. Close it when you're done and you may be back here.)