Criminal defense

Federal Bomb Threats and Threats Against the President in Miami

Two federal laws cover some of the most serious threat cases. 18 U.S.C. § 844(e) covers threats, made through the mail, a telephone, or another instrument of interstate or foreign commerce, to kill, injure, or intimidate someone, or to damage or destroy property, by fire or an explosive. 18 U.S.C. § 871 covers threats to kill, kidnap, or inflict bodily harm on the President, the President-elect, the Vice President (or the officer next in line), or the Vice President-elect. A single message can lead to a federal investigation, an arrest, and charges, whatever the speaker's politics.

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Bomb and Fire Threats (§ 844(e); Pattern Instr. O27)

What the Government must prove (Elements):

  1. The defendant made, or caused to be made, a threat to kill, injure, or intimidate any individual, or to unlawfully damage or destroy a building, vehicle, or other property, by means of fire or an explosive.
  2. The defendant used, or caused to be used, an instrument of commerce, such as the mail or a telephone, to communicate the threat.
  3. The defendant acted knowingly and willfully.

A "threat" here is an expression of intent to do that harm by fire or an explosive, made with the intent that others understand it as a serious threat. The Government does not have to prove the defendant intended to carry it out.

The statute also makes it a crime to maliciously convey false information, knowing it is false, about an attempt to cause that kind of harm by fire or explosive.

Penalty: up to 10 years and a fine.

Threats Against the President (§ 871; Pattern Instr. O29)

What the Government must prove (Elements):

  1. The defendant mailed, wrote, or said the words alleged to be the threat against the President.
  2. The defendant understood and meant the words as a true threat.
  3. The defendant knowingly and willfully mailed, wrote, or said the words.

A "true threat" is a serious threat, not idle talk, a careless remark, or something said jokingly, made under circumstances that would lead a reasonable person to believe the defendant intended to kill, kidnap, or harm the President. The Government does not have to prove the defendant intended to carry it out.

Penalty: up to 5 years and a fine.

Federal judges also consider the advisory U.S. Sentencing Guidelines.

Defense Themes

  • Was it a serious threat? Sarcasm, dark humor, political anger, and hyperbole are not the same as a threat meant to be taken seriously.
  • The defendant's own state of mind. O27 requires intent that others take it as a serious threat; O29 requires that the defendant understood and meant the words as a true threat.
  • Fire or explosive (§ 844(e)). A threat of other kinds of harm is not this crime, though other laws may apply.
  • Who made it. Phone records, IP addresses, and account access are tested.
  • Mental health. Context and treatment history can matter at every stage, including release and sentencing.
  • First Amendment. Political speech, even harsh speech, is generally protected; a true threat is not.

What to Do First

  1. If agents come to your door, be polite, and do not explain what you meant. Ask for a lawyer.
  2. Do not delete posts or accounts, and do not post about the investigation.
  3. Call us right away.

Why Choose Dennis Gonzalez Law, P.A.

  • Former Miami-Dade prosecutor.
  • Defending people since 2012.
  • Super Lawyers recognition and an Avvo Rating of 10.0.
  • Bilingual office — se habla español.
  • We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

I was joking. Can I still be charged?

You can be charged, but a joke is not a true threat. The Government must prove the required state of mind beyond a reasonable doubt.

What about a false bomb report under Florida law?

Florida has its own laws on false bomb and shooting reports. See False Bomb & Shooting Reports.

Does § 871 cover threats against other officials?

It covers the President, the President-elect, the Vice President or next officer in line, and the Vice President-elect. Threats against other officials may fall under other laws. See Threatening a Public Official.

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