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18 U.S.C. § 871 — Threats against President and successors to the Presidency

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 236 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section makes it a crime to knowingly and willfully threaten the President, President-elect, Vice President, Vice President-elect, or the next successor to the presidency, including through mailed or delivered writings.

(a) Anyone who knowingly and willfully mails or sends through a post office or letter carrier a letter or other document containing a threat to kill, kidnap, or physically harm the President, President-elect, Vice President, next officer in the presidential succession, or Vice President-elect—or otherwise knowingly and willfully makes such a threat—may be fined under this title, imprisoned for up to five years, or both.
(b) “President-elect” and “Vice President-elect” mean the apparent winning candidates, determined from the general-election results used to choose presidential and vice-presidential electors under 3 U.S.C. sections 1 and 2. “Other officer next in the order of succession” means the person next entitled to act as President under 3 U.S.C. sections 19 and 20.

the actual law source: uscode.house.gov ↗public domain
(a)

Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or knowingly and willfully otherwise makes any such threat against the President, President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect, shall be fined under this title or imprisoned not more than five years, or both.

(b)

The terms “President-elect” and “Vice President-elect” as used in this section shall mean such persons as are the apparent successful candidates for the offices of President and Vice President, respectively, as ascertained from the results of the general elections held to determine the electors of President and Vice President in accordance with title 3, United States Code, sections 1 and 2. The phrase “other officer next in the order of succession to the office of President” as used in this section shall mean the person next in the order of succession to act as President in accordance with title 3, United States Code, sections 19 and 20.

Source credit: (June 25, 1948, ch. 645, 62 Stat. 740; June 1, 1955, ch. 115, § 1, 69 Stat. 80; Pub. L. 87–829, § 1, Oct. 15, 1962, 76 Stat. 956; Pub. L. 97–297, § 2, Oct. 12, 1982, 96 Stat. 1318; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 740
  • 1955Amended · Act of June 1, 1955, ch. 115 · 69 Stat. 80
  • 1962Amended · Pub. L. 87-829 · 76 Stat. 956
  • 1982Amended · Pub. L. 97-297 · 96 Stat. 1318
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 2147

A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.

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